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America's Living Oceans: Charting a Course for Sea Change
America’s Living Oceans
CHARTING A COURSE FOR SEA CHANGE
A Report to the Nation
Recommendations for a
New Ocean Policy
COMMISSION
May 2003
FRONT AND BACK COVER
Light of the setting sun bathes battered sea stacks shrouded by summer fog at
McClure’s Beach, in Point Reyes National Seashore, California. Here, pounding
Pacific waves have carved a shoreline of white crescent beaches and rocky cliffs.
FOLDOUT MAP
The United States’ oceans span nearly 4.5 million square miles, an area 23 percent
larger than the land area of the nation.
David Sanger/davidsanger.com
America’s Living Oceans
CHARTING A COURSE FOR SEA CHANGE
A Report to the Nation
Recommendations for a
New Ocean Policy
May 2003
Leon E. Panetta, Chair
Contents
Sea otter with starfish, Central California coast
Tom & Pat Leeson
Foreword i
Preface ii
Members of the Pew Oceans Commission iii
Executive Summary v
PART ONE
State of America’s Oceans
Introduction: The Ocean Domain 2
Chapter One: America Speaks 12
Steve Simonsen/Marine Scenes
Cushion sea star, Hurricane Hole,
U.S. Virgin Islands
© Chuck Davis/www.tidalflatsphoto.com
California garibaldi in a kelp forest,
Santa Catalina Island, California
PART TWO
A Public Good at Risk
Chapter Two: Governance for Sustainable Seas 26
Chapter Three: Restoring America’s Fisheries 35
Chapter Four: Preserving Our Coasts 49
Chapter Five: Cleaning Coastal Waters 59
Chapter Six: Guiding Sustainable Marine Aquaculture 73
Chapter Seven: Beyond Our Borders 80
Steve Simonsen/Marine Scenes
Chapter Eight: Science, Education, and Funding 88
Chapter Nine: Conclusion: Charting a Course 97
Cushion sea stars, Virgin Islands
National Park, U.S. Virgin Islands
PART THREE
Detailed Recommendations
Chapter Ten: Governance for Sustainable Seas 102
Chapter Eleven: Restoring America’s Fisheries 109
Chapter Twelve: Preserving Our Coasts 117
Chapter Thirteen: Cleaning Coastal Waters 121
Chapter Fourteen: Guiding Sustainable Marine Aquaculture 126
Works Cited 128
Regional Meetings 134
Publications of the Pew Oceans Commission 136
Acknowledgements 137
Index 138
Pew Oceans Commission 144
Publications of the Pew Oceans
Commission on CD-ROM Inside Back Cover
Foreword
Oregon Dunes National Recreation Area, Florence, Oregon
© Dave Welling
At the heart of the American Dream is a desire to secure a better future for our children.
That is what my grandfather sought as he sailed the oceans in great sailing ships and fished off
California and Alaska. That is what my immigrant parents worked for when they moved their family from
Italy to central California. And, that is the commitment my wife and I have made for our children.
There can be no legacy without caring for those things most important to us. In our family, preserv-
ing the oceans’ beauty and bounty for future generations is an obligation to be honored.
I grew up and live in Monterey, California—a community made famous by John Steinbeck’s
Cannery Row—where boundless catches of sardines, bustling canneries, large fishing fleets of purse sein-
ers, and busy wharves and shops served and supported fishermen and their families. When the sardine
industry collapsed, the lives and businesses that depended on that seemingly endless resource also col-
lapsed.
My goal has been to end this kind of devastation, which threatens other fishing communities along
our coasts. For 16 years, I represented coastal residents in Congress, fighting to protect the oceans and
those whose livelihoods depend upon them. One of my proudest accomplishments is the creation of the
Monterey Bay National Marine Sanctuary to restore, protect, and sustain the living resources so vital to the
beauty and economy of this coast.
Nearly three years ago, my love for the oceans brought me to the Pew Oceans Commission. I am
joined in this effort by a distinguished group of individuals, each with a special connection to the oceans.
They bring many lifetimes of leadership and accomplishment from the worlds of science, fishing, conser-
vation, government, education, business, and philanthropy. They are bipartisan and independent, hailing
from the North Atlantic to the South Pacific.
Based on our careful review of the laws, policies, and institutions affecting life off our shores, we
advocate a fundamental change in this nation’s posture toward its
oceans. The recommendations presented here reflect the testimony
of hundreds of individuals who joined us in public hearings and
other gatherings across the country. We also solicited the best think-
ing of leading scientists and the firsthand experiences of fishermen,
conservationists, and businesspeople.
There is consensus that our oceans are in crisis and that
reforms are essential. In the 1960s, the Stratton Commission
reviewed U.S. ocean policy, found it lacking, and the nation
responded. Much has changed in the ensuing years, and once again
a commitment is needed to protect and preserve this national trust.
Jeff Sedlik/Workbookstock.com
A century ago, President Theodore Roosevelt committed the
nation to the critical objective of preserving our land. Today, we
have a similar responsibility to the seas that cover about 71 percent
of our planet. These recommendations provide an opportunity and
the means to meet our obligation and provide for our children a
bountiful ocean legacy.
The oceans are a national trust
we must preserve for this and
future generations. Leon E. Panetta
Chair, Pew Oceans Commission
i
Preface DEEP WATER: AMERICA’S OCEANS IN TROUBLE Digital Vision
Americans have always loved the ocean. Half of us live in coastal communities and the other half come to
visit. Perhaps, as President John F. Kennedy once suggested, it is “the salt in our veins.”
When we stand at the water’s edge, we stare longingly out to sea—for the boat to return, for the tides
to shift, for the winds to arrive, for the fish to bite, for the sun to rise or set—beyond the far horizon.
Inspired by their majesty and mystery, we depend on our oceans and their coasts, not just for pleasure
and food—although these uses are central—but also as a counterweight to extremes of heat and cold on
land, as a sponge for absorbing excess carbon, and as a generator of life-giving oxygen. Although we often
view the ocean as starting where the land ends, that separation is arbitrary. Land and oceans are part of the
same global system. Activities on one profoundly affect the other.
Just as the 20th century brought us into knowledgeable contact with outer space, the 21st will almost
certainly connect us more intimately to our oceans. In fact, it is imperative because—as much as we love our
oceans—our ignorance has been destroying them. We love clean beaches, but what we discharge into the
oceans befouls them. We destroy the very coastal wetlands we need to buffer storms and filter fresh water. A
nation of seafood lovers, we are careless about how we treat the ocean’s “nurseries” and brood stocks that
replenish our fish supply.
Furthermore, the size of the world’s human population and the extent of our technological creativity have
created enormously damaging impacts on all of the oceans. We are now capable of altering the ocean’s chem-
istry, stripping it of fish and the many other organisms which comprise its amazingly rich biodiversity, exploding
and bleaching away its coral nurseries, and even reprogramming the ocean’s delicate background noise.
We love our freedom to move about the ocean surface where no streets, signs, or fences impede us,
yet our sense that no one owns this vast realm has allowed us to tolerate no one caring for it.
During the 20th century our nation has come to regard the air we breathe, the fresh water we drink,
and the open lands as “common goods,” part of our public trust. Now we must acknowledge that the oceans,
too, are part of our common heritage and our common responsibility.
The report of the Pew Oceans Commission outlines a national agenda for pro-
tecting and restoring our oceans. It is a vision that projects an equilibrium of goods
withdrawn from and goods regenerated within the ocean. It is a vision that abhors
the careless—no less the systematic—extinction of vital sea species. It is a vision of
clean water and clear horizons. Both comprehensive and detailed, the report pres-
ents a new direction for governing our oceans. From identifying the nonpoint pollu-
tants that rush down our waterways into our coastal bays to proposing protected
zones for critical marine life, the Commission has confronted the most challenging
aspects of ocean policy. If its recommendations are accepted and acted upon, we
Steve Simonsen/Marine Scenes
can anticipate a future when fish will again be plentiful and fishing communities will
thrive, when beaches will be clean again, and now-impoverished coral reefs will
teem with life.
We invite the American public to embrace this vision and to join with us to
launch a national effort in behalf of future generations—to understand and protect our
vast and bountiful, fragile and mysterious seas.
Pacific double-saddle butterfly
fish, Western Shoals, Agana
Harbor, Guam
David Rockefeller, Jr.
Vice Chair, National Park Foundation
Member, Pew Oceans Commission
ii
Members OF THE PEW OCEANS COMMISSION
Kenai Fjords National Park, Alaska
Deb Antonini/Pew Oceans Commission
The Honorable Leon E. Panetta, Chair
He is director of the California State University Panetta Institute for
Public Policy. He served in Congress for eight terms. He chaired the
House Budget Committee and served as White House chief of staff.
John H. Adams
He is the founder and president of the Natural Resources Defense Council
—one of the nation’s leading environmental organizations. In 1998,
he was named one of Audubon’s 100 Champions of Conservation.
The Honorable Eileen Claussen
She is president of the Pew Center on Global Climate Change. She is a former assistant
secretary of state for oceans, environment, and science.
The Honorable Carlotta Leon Guerrero
She is a former member of the Guam Senate where she chaired committees with juris-
diction over transportation, telecommunications, and Micronesian affairs. She is current-
ly co-director of the Ayuda Foundation, a nonprofit health care organization in Guam.
The Honorable Mike Hayden
He is the secretary of the Kansas Department of Wildlife and Parks.
The former governor of Kansas served as president and CEO
of the American Sportfishing Association, a recreational fishing group.
Geoffrey Heal, Ph.D.
He is the Garrett Professor of Public Policy and Corporate Responsibility
and professor of economics and finance at the Graduate School of
Business at Columbia University. One of his major research interests is
the interaction of human societies and their natural resources.
Charles F. Kennel, Ph.D.
He is director of the Scripps Institution for Oceanography and the author of
more than 250 publications in plasma physics, planetary science,
and astrophysics. He has been both a Fulbright and Guggenheim Scholar.
The Honorable Tony Knowles
He recently completed his second term as governor of Alaska. He was the
mayor of Anchorage and served on the North Pacific Fishery Management
Council, where he was instrumental in efforts to reduce bycatch.
Jane Lubchenco, Ph.D.
She is an Oregon State University professor of marine biology, a MacArthur Fellow, and
past president of both the American Association for the Advancement of Science and the
Ecological Society of America. She is president-elect of the International Council for
Science, and recipient of the 2002 Heinz Award for the Environment.
iii
Julie Packard
She is the founder and executive director of the Monterey Bay Aquarium
and vice chair of the David and Lucile Packard Foundation. She is the
1998 recipient of the Audubon Medal for Conservation.
The Honorable Pietro Parravano
He is a commercial fisherman and owner of the Anne B. He is the
president of the Pacific Coast Federation of Fishermen’s Associations and
an elected member of the San Mateo County Harbor Commission.
The Honorable George E. Pataki
He is currently serving his second term as governor of New York.
After graduating from Columbia Law School, he served ten years in the
state legislature and was mayor of the city of Peekskill, his hometown.
The Honorable Joseph P. Riley, Jr.
He is serving his seventh term as mayor of Charleston, South Carolina. He has served
as the president of the U.S. Conference of Mayors and has received many awards,
including the Outstanding Mayors Award from the National Urban Coalition.
David Rockefeller, Jr.
He is director and former chair of Rockefeller Co., Inc., and is an active participant in
the nonprofit fields of art, philanthropy, and the environment. He is a vice chair of the
National Park Foundation and trustee of the Rockefeller Brothers Fund.
Vice Admiral Roger T. Rufe, Jr., U.S. Coast Guard (Retired)
He is the president and CEO of The Ocean Conservancy. While in the U.S.
Coast Guard, he led offices responsible for marine conservation in Alaska
and the Southeast U.S.
Kathryn D. Sullivan, Ph.D.
She is the president and CEO of COSI, a hands-on science center in Columbus, Ohio. As
a NASA astronaut, she was the first U.S. woman to walk in space. She served as NOAA’s
chief scientist from 1992 to 1996. She has a Ph.D. in geology.
Marilyn Ware
She is the chairman of the board of American Water Works Company, the nation’s
largest private drinking water utility. She is a former newspaper editor and publisher,
and currently serves on the board of the American Enterprise Institute.
Patten (Pat) D. White
He is a commercial fisherman and CEO of the Maine Lobstermen’s Association.
He is a member of the Atlantic States Marine Fisheries Commission,
and serves on the editorial board of National Fisherman.
iv
Executive Summary
Bocaccio, Channel Islands National Marine Sanctuary, California
Richard Herrmann
America’s oceans are in crisis and the stakes resources are exposing limits in natural systems
could not be higher. More than half the U.S. once viewed as too vast and inexhaustible to
population lives in coastal counties. The resi- be harmed by human activity. Without reform,
dent population in this area is expected to our daily actions will increasingly jeopardize a
increase by 25 million people by 2015. More valuable natural resource and an invaluable
than 180 million people visit the shore for aspect of our national heritage.
recreation every year. In the midst of crisis, there are expres-
Though a price tag has never been sions of hope and signs of success. Striped bass,
assigned to our coastal economy, it is clear severely depleted along our Atlantic shores,
that it contributes significantly to the nation’s made a striking comeback when given a
overall economic activity. Tens of thousands of chance. North Atlantic swordfish recently did
jobs in fishing, recreation, and tourism depend the same in response to lower catch limits and
on healthy, functioning coastal ecosystems. closed nursery areas. Seabirds, kelp beds, and
Now, thousands of jobs and billions of dollars fish communities returned to the coastal waters
of investment have either been lost or are off Los Angeles after waste discharges were
jeopardized by collapsing fisheries. Pollution reduced. Proven, workable solutions to the cri-
and sprawl threaten ocean-related tourism and sis in our oceans exist but such successes will
recreation, far and away the largest compo- remain the exception rather than the rule until
nent of the coastal we chart a new course for ocean management.
economy.
But more than THE EVIDENCE
jobs are at stake. All The evidence that our oceans face a greater
Americans depend on array of problems than ever before in our
the oceans and affect nation’s history surrounds us. Marine life and
the oceans, regardless vital coastal habitats are straining under the
of where they live. increasing pressure of our use. We have reached
Ron Niebrugge/wildnatureimages.com
Ocean currents circu- a crossroads where the cumulative effect of
late the energy and what we take from, and put into, the ocean sub-
water that regulate the stantially reduces the ability of marine ecosys-
Earth’s climate and tems to produce the economic and ecological
weather and, thus, goods and services that we desire and need.
affect every aspect of What we once considered inexhaustible
the human experience. and resilient is, in fact, finite and fragile.
Fishing figures prominently in the
economies of many coastal communities, Our very dependence The crisis confronting our oceans has
including Seward, Alaska, where anglers fish
on and use of ocean many dimensions.
for salmon in Resurrection Bay.
v
s Coastal development and associated sprawl
destroy and endanger coastal wetlands and
© 2003 Norbert Wu/www.norbertwu.com
estuaries that serve as nurseries for many
valuable fishery species. More than 20,000
acres of these sensitive habitats disappear
each year. Paved surfaces have created
expressways for oil, grease, and toxic pol-
lutants into coastal waters. Every eight
months, nearly 11 million gallons of oil run Nutrient pollution of coastal waters causes excessive
algae growth on coral reefs, such as this one off
off our streets and driveways into our
Hawaii. Other major threats to reefs include climate
waters—the equivalent of the Exxon Valdez change, overfishing, and sediment runoff resulting
from development and agriculture.
oil spill.
overfished or are being fished unsustain-
s More than 60 percent of our coastal rivers
ably. An increasing number of these species
and bays are moderately to severely
are being driven toward extinction. Already
degraded by nutrient runoff. This runoff cre-
depleted sea turtle, marine mammal, sea-
ates harmful algal blooms and leads to the
bird, and noncommercial fish populations
degradation or loss of seagrass and kelp
are endangered by incidental capture in
beds as well as coral reefs that are impor-
fishing gear. Destructive fishing practices
tant spawning and nursery grounds for fish.
are damaging vital habitat upon which fish
Each summer, nutrient pollution creates a
and other living resources depend.
dead zone the size of Massachusetts in the
Combined, these aspects of fishing are
Gulf of Mexico. These types of problems
changing relationships among species in
occur in almost every coastal state* and the
food webs and altering the functioning of
trends are not favorable. If current practices
marine ecosystems.
continue, nitrogen inputs to U.S. coastal
s Invasive species are establishing them-
waters in 2030 may be as much as 30 per-
selves in our coastal waters, often crowd-
cent higher than at present and more
ing out native species and altering habitat
than twice what they were in 1960.
and food webs. More than 175 introduced
s Many ecologically and commercially cru-
species thrive in San Francisco Bay alone.
cial fish species, including groundfish and
Nearly one million Atlantic salmon
salmon populations along the Atlantic and
escaped from farm pens on the western
Pacific Coasts, face overfishing and numer-
coast of North America in the last 15
ous other threats. Thirty percent of the fish
years. The species is now successfully
populations that have been assessed are
*As used in this report, the terms “state” or “states” mean any or all of the fifty states, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, the Virgin
Islands, Guam, and any other commonwealth, territory, or possession of the United States.
vi
reproducing in British Columbia rivers and springs and upon which all living things,
diluting the gene pool of native species by including humans, depend.
hybridizing with Pacific salmon. New
species are regularly finding a home SEEDS OF CRISIS
around our coastlines as hitchhikers in The root cause of this crisis is a failure of
ship ballast water or on ship hulls, both perspective and governance. We have
escapees from fish farms, and even as failed to conceive of the oceans as our largest
discarded home aquarium plants and ani- public domain, to be managed holistically for
mals. Of the 374 documented invasive the greater public good in perpetuity. Our
species in U.S. waters, 150 have arrived oceans span nearly 4.5 million square miles,*
since 1970. an area 23 percent larger than the nation’s
In addition to these varied threats, cli- land area. Similarly, we have only begun to
mate change over the next century is project- recognize how vital our oceans and coasts
ed to profoundly impact coastal and marine are to our economy as well as to the cultural
ecosystems. Sea-level rise will gradually inun- heritage of our nation. Finally, we have come
date highly productive coastal wetlands, estu- too slowly to recognize the interdependence
aries, and mangrove forests. Coral reefs that of land and sea and how easily activities far
harbor exceptional biodiversity will likely inland can disrupt the many benefits provided
experience increased bleaching due to higher by coastal ecosystems.
water temperatures. Changes in ocean and The foundation of U.S. ocean policy was
atmospheric circulation attributable to climate laid in a very different context than exists
change could adversely affect coastal today. The principal laws to protect our
upwelling and productivity and have signifi- coastal zones, endangered marine mammals,
cant local, regional, and global implications ocean waters, and fisheries were enacted 30
on the distribution and abundance of living years ago, on a crisis-by-crisis, sector-by-sec-
marine resources. tor basis. Much of what exists of an ocean
These are just some of the signs that our governance system in this country can be
interactions with the oceans are unsustain- traced to recommendations of the Stratton
able. Our activities, from those that release Commission—the nation’s first review of
pollutants into rivers and bays to the overfish- ocean policy in 1969. Driven by the need to
ing of the seas, are altering and threatening ensure the “full and wise use of the marine
the structure and functioning of marine environment,” Stratton focused on oceans as a
ecosystems—from which all marine life frontier with vast resources, and largely rec-
*This is the approximate area (in square statute miles) of the United States Exclusive Economic Zone (EEZ)—the area of
the oceans over which the United States exercises exclusive environmental and economic jurisdiction. The U.S. EEZ was
established by Presidential Proclamation in 1983. The establishment of an EEZ extending 200 nautical miles from the shore-
line of a coastal nation is recognized and accepted under the United Nations Convention on the Law of the Sea.
vii
Deb Antonini/Pew Oceans Commission
Commissioners tour a cannery in Kodiak, Alaska, home port for more than 700 trawl, longline, and crab vessels.
A 30-YEAR REVIEW OF OCEAN POLICY
ommended policies to coordinate the devel-
More than 30 years after the Stratton
opment of ocean resources.
Commission issued its recommendations, the
Reflecting the understanding and values
state of our oceans and coasts is vastly
of this earlier era, we have continued to
altered. Although some of the problems that
approach our oceans with a frontier mentali-
were considered 30 years ago remain with us
ty. The result is a hodgepodge of ocean laws
today, new environmental, economic, and
and programs that do not provide unified,
policy challenges have emerged. These chal-
clearly stated goals and measurable objec-
lenges exceed the capacity of today’s gover-
tives. Authority over marine resources is frag-
nance framework and management regimes.
mented geographically and institutionally.
Our perspective on ocean resources and
Principles of ecosystem health and integrity,
policy has also changed over 30 years. We are
sustainability, and precaution have been lost
increasingly aware that development activities
in the fray. Furthermore, the nation has sub-
can change marine environments. We are
stantially underinvested in understanding and
learning more about complex interactions in
managing our oceans. The information we do
marine ecosystems and the need to maintain
have in hand is often underutilized. Plagued
the diversity and resilience of those complex
with systemic problems, U.S. ocean gover-
and adaptive natural systems. Today, there is a
nance is in disarray.
viii
clear sense that we must do a better job of For more than two years, the Commission
protecting the oceans if we hope to continue conducted a national dialogue on ocean issues.
to enjoy their benefits. We convened a series of 15 regional meetings,
The Pew Oceans Commission, a biparti- public hearings, and workshops to listen to
san, independent group of American leaders, those who live and work along the coasts. From
was created to chart a new course for the Maine to Hawaii, Alaska to the Gulf of Mexico,
nation’s ocean policy. Our mission is to identi- we spoke with hundreds of citizens, fishermen,
fy policies and practices necessary to restore scientists, government officials, tourism opera-
and protect living marine resources in U.S. tors, and business leaders. Commissioners held
waters and the ocean a series of 12 focus groups with fishermen,
and coastal habitats including one in Kodiak, Alaska, which is
on which they among the nation’s oldest and largest fishing
Chris Mann/Pew Oceans Commission
depend. The communities. Believing that experience is the
Commission was also best teacher, Commissioners went lobster fishing
charged with raising in Maine, toured a pineapple plantation in
public awareness of Hawaii to learn about ways to control polluted
the principal threats to runoff, and visited coastal habitat restoration
marine biodiversity projects in New York and South Carolina.
Senator Ernest Hollings (D-SC) welcomes
and of the importance By speaking with those who live and
Leon Panetta, Dana Beach of the South
Carolina Coastal Conservation
of ocean and coastal work along the coasts and around the country,
League, and Deb Antonini of the Pew
resources to the U.S. and by collecting the best scientific informa-
Oceans Commission at the release of Mr.
Beach's report on coastal sprawl.
economy. tion available, the Commission learned a great
The Commission brought together a deal about the problems facing our oceans,
diverse group of American leaders from the the consequences to coastal communities and
worlds of science, fishing, conservation, gov- the nation if we fail to act, and actions needed
ernment, education, business, and philanthro- to overcome the crisis facing our oceans. The
py. It secured the help of leading scientists to status quo is unacceptable. Future generations
determine priority issues and to write reports will judge this generation on whether it shoul-
summarizing the best scientific information ders its responsibility.
available on those subjects (see list of publica-
tions on page 136). The Commission organized CONCLUSIONS AND RECOMMENDATIONS
into four committees to review the core issues The fundamental conclusion of the Pew
of governance, fishing, pollution, and coastal Oceans Commission is that this nation needs
development. It also investigated marine aqua- to ensure healthy, productive, and resilient
culture, invasive species, ocean zoning, cli- marine ecosystems for present and future gen-
mate change, science, and education. erations. In the long term, economic sustain-
ix
ability depends on ecological sustainability. ocean resources.
To achieve and maintain healthy ecosys- 2. Encourage comprehensive and coordinated
tems requires that we change our perspective governance of ocean resources and uses at
and extend an ethic of stewardship and scales appropriate to the problems to be
responsibility toward the oceans. Most impor- solved.
tantly, we must treat our oceans as a public a. The regional scale of large marine ecosys-
trust. The oceans are a vast public domain that tems is most appropriate for fisheries man-
is vitally important to our environmental and agement and for governance generally.
economic security as a nation. The public has b. Coastal development and pollution con-
entrusted the government with the stewardship trol is most appropriately addressed at
of our oceans, and the government should the watershed level.
exercise its authority with a broad sense 3. Restructure fishery management institutions
of responsibility toward all citizens and their and reorient fisheries policy to protect and
long-term interests. sustain the ecosystems on which our fish-
These changes in our perspective must eries depend.
be reflected in a reformed U.S. ocean policy. 4. Protect important habitat and manage
National ocean policy and governance must coastal development to minimize habitat
be realigned to reflect and apply principles of damage and water quality impairment.
ecosystem health and integrity, sustainability, 5. Control sources of pollution, particularly
and precaution. We must redefine our rela- nutrients, that are harming marine
tionship with the ocean to reflect an under- ecosystems.
standing of the land-sea connection and
organize institutions and forums capable of The Commission recommends the fol-
managing on an ecosystem basis. These lowing actions to achieve these objectives.
forums must be accessible, inclusive, and
accountable. Decisions should be founded Governance for Sustainable Seas
upon the best available science and flow from 1. Enact a National Ocean Policy Act to pro-
processes that are equitable, transparent, and tect, maintain, and restore the health, integri-
collaborative. ty, resilience, and productivity of our oceans.
To embrace these reforms and achieve 2. Establish regional ocean ecosystem coun-
our goal, the nation must realize five priority cils to develop and implement enforceable
objectives: regional ocean governance plans.
3. Establish a national system of fully protect-
1. Declare a principled, unified national ed marine reserves.
ocean policy based on protecting ecosys- 4. Establish an independent national
tem health and requiring sustainable use of oceans agency.
x
5. Establish a permanent federal interagency 2. Address unabated point sources of pollu-
oceans council. tion, such as concentrated animal feeding
operations and cruise ships.
Restoring America’s Fisheries 3. Create a flexible framework to address
1. Redefine the principal objective of emerging and nontraditional sources
American marine fishery policy to protect of pollution, such as invasive species
marine ecosystems. and noise.
2. Separate conservation and allocation deci- 4. Strengthen control over toxic pollution.
sions.
3. Implement ecosystem-based planning and Guiding Sustainable Marine Aquaculture
marine zoning. 1. Implement a new national marine aquacul-
4. Regulate the use of fishing gear that is ture policy based on sound conservation
destructive to marine habitats. principles and standards.
5. Require bycatch monitoring and manage- 2. Set a standard, and provide international
ment plans as a condition of fishing. leadership, for ecologically sound marine
6. Require comprehensive access and alloca- aquaculture practices.
tion planning as a condition of fishing.
7. Establish a permanent fishery conservation Science, Education, and Funding
and management trust fund. 1. Develop and implement a comprehensive
national ocean research and monitoring
Preserving Our Coasts strategy.
1. Develop an action plan to address non- 2. Double funding for basic ocean science
point source pollution and protect water and research.
quality on a watershed basis. 3. Improve the use of existing scientific infor-
2. Identify and protect from development mation by creating a mechanism or institu-
habitat critical for the functioning of tion that regularly provides independent
coastal ecosystems. scientific oversight of ocean and coastal
3. Institute effective mechanisms at all levels management.
of government to manage development and 4. Broaden ocean education and awareness
minimize its impact on coastal ecosystems. through a commitment to teach and learn
4. Redirect government programs and subsi- about our oceans, at all levels of society.
dies away from harmful coastal develop-
ment and toward beneficial activities, This nation must decide how it will
including restoration. choose to meet the crisis in our oceans.
Fundamentally, this is not a decision about us.
Cleaning Coastal Waters It is about our children, and actions we must
1. Revise, strengthen, and expand pollution take to bequeath them thriving oceans and
laws to focus on nonpoint source pollution. healthy coastlines.
xi
This is our challenge. To meet this chal- Americans about the oceans.
lenge, the nation must substantially increase If properly executed, this investment
its investment in understanding and managing will be paid back manyfold in the form of
its oceans. We need a much greater financial abundant living ocean resources for centuries
commitment to strengthen governance and ahead. Without this investment, we risk further
management infrastructure, to improve our decline in ocean ecosystem health and serious
scientific understanding of marine ecosystems consequences for human well-being far into
and human impacts, and to educate all the future.
Justin Kenney/Pew Oceans Commission
Commissioner Carlotta Leon Guerrero (above) joined Hawaiian schoolchildren for a taping of KidScience, produced
jointly by the Hawaii Department of Education and Hawaii Public Television, during the Commission’s visit to Hawaii in
February 2001.
xii
Part One
STATE OF AMERICA’S OCEANS
Cushion sea star, Hurricane Hole, U.S. Virgin Islands
1
Steve Simonsen/Marine Scenes
Introduction THE OCEAN DOMAIN
Green sea turtle, Kona, Hawaii
© Chuck Davis/www.tidalflatsphoto.com
Who has the most hope in the world? It is a fisher- problems are by no means limited to the East
man, of course, for every time he casts out his line Coast. In September 2002, the government
he has hope. Perhaps that hope can motivate us so imposed substantial restrictions on bottom
that we can save and preserve the oceans and all its fishing along the West Coast in an attempt to
creatures from man, the apex predator. save four of the most depleted rockfish
Steven Sloan species. Populations of bocaccio rockfish,
Trustee, International Game Fish Association
commonly sold as Pacific red snapper, have
The oceans are our largest public domain. been driven to less than 10 percent of their
America’s oceans span nearly 4.5 million historic numbers (MacCall and He, 2002).
square miles, an area 23 percent larger than One can find stories about the effects of
the nation’s land area (Figure One). Their bio- development, pollution, and overfishing all
logical riches surpass those of our national along our coastal waters—from Alaska to the
forests and wilderness areas. The genetic, Gulf of Mexico to Hawaii’s coral reefs. Often
species, habitat, and ecosystem diversity of the tale begins far inland.
the oceans is believed to exceed that of any The greatest pollution threat to coastal
other Earth system. Yet, incredibly, we are marine life today is the runoff of excess nitrogen
squandering this bounty. from fertilized farm fields, animal feedlots, and
Humanity’s numbers and the technologi- urban areas. Airborne nitrogen—from industrial
cal capacity of our age result in unprecedented smokestacks, automobile exhaust pipes, and
impact upon the oceans and coasts (Box One, ammonia rising from huge manure lagoons—is
pages 4–5). The disturbing signs of these impacts also deposited in the ocean.
can be found nearly everywhere we look. Just as they fertilize the land, nutrients
Most obviously we are depleting the fertilize coastal waters, and excess amounts
oceans of fish, and have been for decades. The can cause massive blooms of algae. These
government can only assure us that 22 percent blooms can trigger a chain of events that
of managed fish stocks are being fished sus- deplete the ocean waters of oxygen, turning
tainably. The decline of New England fisheries vast areas into hypoxic areas, also known as
is most notorious. By 1989, New England cod, dead zones. Some of these algal blooms pro-
haddock, and yellowtail flounder had reached duce toxins that can be fatal to fish, marine
historic lows. mammals, and occasionally people.
In U.S. waters, Atlantic halibut are com- The deaths of one million menhaden in
mercially extinct—too rare to justify a directed North Carolina’s Pamlico Sound in 1991, 150
fishing effort. In addition, by the mid-1990s, endangered Florida manatees in 1996, and
we halved the breeding population of Atlantic 400 California sea lions along the central
swordfish (Safina, 1994). However, such California coast in 1998 (Continued on page 6)
2
FIG. ONE
In 1983, President Ronald Reagan established the United States Exclusive Economic Zone, which extends 200 nautical miles* from our shores. In
doing so, he created an “underwater continent” larger than our land area, encompassing nearly 4.5 million square miles.
America’s Oceans ARCTI C
United States Exclusive Economic Zone OCEAN
(U.S. EEZ)
Alaska
ASIA
CANADA
UNITED STATES
PACI FI C
Midway OCEAN
Islands
North H aw
Puerto Rico
aiia
Mariana
M
n Is & U.S. Virgin
E
Islands lan IC
X
ds Islands
O
Johnston
Guam Atoll
Wake
Palmyra Atoll
Island
Kingman
Howland Reef
Island
How Big
Baker
Is the
Island Jarvis
Island
U.S. EEZ?
American
Samoa
The U.S. Exclusive
Economic Zone,
AUSTRALIA
totaling 4,453,068
square miles, is
nearly one and one-
half times larger than
the landmass of the
lower 48 states.
*A nautical mile equals 1.15 statute miles. Lucidity Information Design, LLC
3
BOX ONE Steve Simonsen/Marine Scenes
Major Threats to Our Oceans
NONPOINT SOURCE POLLUTION
s A recent National Academy of Sciences study estimates that the oil running off
our streets and driveways and ultimately flowing into the oceans is equal to an
Exxon Valdez oil spill—10.9 million gallons—every eight months (NRC, 2002a).
s The amount of nitrogen released into coastal waters along the Atlantic
seaboard and the Gulf of Mexico from anthropogenic sources has increased
about fivefold since the preindustrial era, and may increase another 30 percent by
2030 if current practices continue (Howarth et al., 2000).
s Two-thirds of our estuaries and bays are either moderately or severely degrad-
ed by eutrophication (Bricker et al., 1999).
s More than 13,000 beaches were closed or under pollution advisories in 2001, an increase of 20 percent from
the previous year (NRDC, 2002).
POINT SOURCE POLLUTION
s In the U.S., animal feedlots produce about 500 million tons of manure each
year, more than three times the amount of sanitary waste produced by the
human population (EPA, 2002).
s Based on EPA estimates, in one week a 3000-passenger cruise ship generates
about 210,000 gallons of sewage, 1,000,000 gallons of gray water (shower, sink,
and dishwashing water), 37,000 gallons of oily bilge water, more than 8 tons of
solid waste, millions of gallons of ballast water containing potential invasive
species, and toxic wastes from dry cleaning and photo-processing laboratories
(Royal Caribbean Cruises Ltd., 1998; Eley, 2000; Holland America, 2002).
INVASIVE SPECIES
s Introduced species crowd out native species, alter habitats, and impose eco-
nomic burdens on coastal communities.
s The rate of marine introductions has risen exponentially over the past 200
years and shows no sign of leveling off (Carlton, 2001).
s More than 175 species of introduced marine invertebrates, fish, algae, and
higher plants live in San Francisco Bay (Cohen and Carlton, 1995, 1998; Cohen and
Carlton, unpublished data).
AQUACULTURE
s A December 2000 storm resulted in the escape of 100,000 salmon from a single
farm in Maine, about 1,000 times the number of documented wild adult salmon in
Maine (NRC, 2002b).
s A salmon farm of 200,000 fish releases an amount of nitrogen, phosphorus,
and fecal matter roughly equivalent to the nutrient waste in the untreated sewage
from 20,000, 25,000, and 65,000 people, respectively (Hardy, 2000).
s Over the past decade, nearly one million non-native Atlantic salmon
have escaped from fish farms and established themselves in streams in the
Pacific Northwest.
Art: John Michael Yanson
4
COASTAL DEVELOPMENT
s Sprawl development is consuming land at a rate of five or more times the rate of population
growth in many coastal areas. Sprawl needlessly destroys wildlife habitat and degrades water quality.
s More than one-fourth of all the land converted from rural to suburban and urban uses since
European settlement occurred during the 15-year period between 1982 and 1997 (the last year for
which such figures are available) (NRI, 2000).
s Coastal marshes, which trap floodwaters, filter out pollutants, and serve as “nurseries” for
wildlife, are disappearing at a rate of 20,000 acres per year. Louisiana alone has lost half a million
acres of wetlands since the 1950s.
OVERFISHING
s As of 2001, the government could only assure us that 22 percent of fish stocks under
federal management (211 of 959 stocks) were being fished sustainably (NMFS, 2002).
s Overfishing often removes top predators and can result in dramatic changes in the
structure and diversity of marine ecosystems (Dayton et al., 2002).
s By 1989, populations of New England cod, haddock, and yellowtail flounder had
reached historic lows. In U.S. waters, Atlantic halibut are commercially extinct—too rare
to justify a directed fishing effort. Populations of some rockfish species on the West
Coast have dropped to less than 10 percent of their past levels (MacCall and He, 2002).
s Rebuilding U.S. fisheries has the potential to restore and create tens of thousands of
family wage jobs and add at least 1.3 billion dollars to the U.S. economy (POC, 2003).
HABITAT ALTERATION
s Fishing gear that drags along or digs into the seafloor destroys habitat needed by marine
wildlife, including commercially fished species.
s Typical trawl fisheries in northern California and New England trawl the same section of
sea bottom more than once per year on average (Friedlander et al., 1999; Auster et al., 1996).
s Bottom-dwelling invertebrates can take up to five years or more
to recover from one pass of a dredge (Peterson and Estes, 2001).
BYCATCH
s Worldwide, scientists estimate that fishermen discarded about 25 percent of
what they caught during the 1980s and the early 1990s, about 60 billion pounds
each year (Alverson et al., 1994; Alverson, 1998).
s Bycatch of albatrosses, petrels, and shearwaters in longline fisheries is one of
the greatest threats to seabirds (Robertson and Gales, 1998; Tasker et al., 2000).
s Bycatch in the Atlantic pelagic longline fishery may be jeopardizing the con-
tinued existence of the loggerhead and leatherback sea turtles off the eastern U.S. seaboard (NMFS, 2001).
CLIMATE CHANGE
s Global air temperature is expected to warm by 2.5 to 10.4oF (1.4 to 5.8oC) in the 21st cen-
tury, affecting sea-surface temperatures and raising the global sea level by 4 to 35 inches (9
to 88 cm) (IPCC, 2001).
s Recent estimates suggest an increase in mean sea-surface temperature of only 2oF (1oC)
could cause the global destruction of coral reef ecosystems (Hoegh-Guldberg, 1999).
s Climate change will modify the flow of energy and cycling of materials within ecosystems—
in some cases, altering their ability to provide the ecosystem services we depend upon.
s Increases in temperature may slow or shut down the Atlantic thermohaline circulation that powers the Gulf Stream,
causing reductions in sea-surface and air temperatures over the North Atlantic and northern Europe, changes in the geo-
graphic distributions of fisheries, and increased risk of hypoxia in the deep ocean.
5
have all been attributed to harmful algal increased dramatically from 1996 to 1998.
blooms (McKay and Mulvaney, 2001). They About 75 percent of the coral species in the
disrupt aquaculture, wild fisheries, and coastal Florida Keys show symptoms of a variety of
tourism. In the past two decades, their effects diseases. In addition, two-thirds of the moni-
have expanded from a few scattered coastal toring stations lost species between 1996 and
areas to nearly all coastal states (Burke et al., 2000, and the total stony coral cover had
2000). But they are only one of the many decreased by about 40 percent between 1996
human-related impacts that are transforming and 1999 (Porter et al., 1999). Scientists do
our coasts. not know why so many species have simulta-
Coastal counties are now home to neously become susceptible to disease.
more than half of the U.S. population. Another Our current state of knowledge makes it
25 million people will live along the coast by difficult to unravel the relative roles of natural
2015 (Beach, 2002), further straining our wet- processes and human influence, whether from
lands, mangrove forests, estuaries, coral reefs, chemical pollution, nutrient enrichment, or cli-
and other coastal habitats. mate change. But scientists are finding increas-
Florida has experienced some of the ing human influence on the environment.
nation’s most rapid coastal development. From For example, in Puget Sound, PCB con-
1940 to 1996, the state population increased tamination may be a factor in the decline of
700 percent, from 1.8 million to 14.3 million. orcas, or killer whales, whose numbers have
Development has altered both water declined by 14 percent since 1995. PCB levels
quality and water quantity, leading to the loss in the Puget Sound population exceed that
of more than half of the Everglades, the largest known to suppress immune function in another
contiguous wetland in the U.S. Freshwater marine mammal, the harbor seal (Forney et al.,
flow through the Everglades has declined by 2000; Ross et al., 2000). Similarly, increased
approximately 70 percent since the 1940s and levels of PCBs, DDT, and tributyltin (a compo-
the population of wading birds has dropped nent in boat paint) may be contributing to the
by 90 percent (Koehler and Blair, 2001). deaths of California southern sea otters.
Much of Florida’s development has been Scientists have also discovered that increasing
concentrated in 16 southern counties that sea-surface temperatures are associated with
extend from Lake Okeechobee to the Florida the northern spread of a pathogen that attacks
Keys. The marine ecosystems of the Keys are the eastern oyster. The pathogen, Perkinsus
now undergoing rapid and profound changes. marinus, was itself likely introduced into the
Scientists recently conducted extensive U.S. Atlantic and Gulf coasts via aquaculture.
surveys at 160 monitoring stations throughout The crisis in our oceans is such that
the Florida Keys. They found that both the many marine populations and ecosystems may
number of diseased areas of coral and of the be reaching the point where even a small
number of diseased coral species had disturbance can cause a big change. We must
6
BOX TWO Steve Simonsen/Marine Scenes
ECOSYSTEM HEALTH
Ecosystem-based management requires defining stan- resilient community of species, irrespective of the
dards of ecosystem health. Maintaining, protecting, and, human activity permitted there. This requires a holistic
where appropriate, restoring ecosystem health should be approach to management, focusing not only on individ-
the goal of our new ocean governance. ual species but also on the interactions among them
and their physical environment. A healthy ecosystem is
Marine ecosystems are too varied and complex to write a capable of providing ecological goods and services to
single definition—scientific or legal—of health. However, people and to other species in amounts and at rates
as in human health, where we take basic measurements comparable to those that could be provided by a
such as temperature, blood pressure, and cholesterol, we similar undisturbed ecosystem.
can identify and measure certain parameters in marine
ecosystems to learn more about their health. These Although often taken for granted, the goods and
parameters include the number of species, population services provided by coastal and marine ecosystems
sizes of species, water quality, and habitat composition. would be difficult—if not impossible—to replace.
Marine scientists need to develop an understanding of These benefits include protection from coastal storm
what good health means for each major ecosystem in U.S. damage, the filtering of toxic substances and nutrients,
ocean waters, and then policymakers and those who use production of oxygen, and sequestration of carbon
ocean resources need to practice preventive medicine. dioxide. In addition, fishing, tourism, and recreation
provide economic benefit, and support ways of life that
The term “ecosystem health” refers to the ongoing contribute to the social and cultural wealth of
capability of an ecosystem to support a productive and the nation.
therefore initiate large changes ourselves, not hensive review of our ocean policy was com-
in the oceans, but in our governance of them pleted in 1969, when the Stratton Commission
and our attitude toward them. We must no produced its seminal report, Our Nation and
longer structure our thinking in terms of the Sea. The recommendations of the Stratton
maximizing the short-term commercial benefit Commission, including the establishment of
we derive from the oceans, but rather in terms the National Oceanic and Atmospheric
of maximizing the health and persistence of Administration and the enactment of the
ocean ecosystems (Box Two). Coastal Zone Management Act, provided the
Addressing the crisis of our seas will blueprint for U.S. ocean policy (Cicin-Sain
require a serious rethinking of ocean law, and Knecht, 2000). But our oceans and
informed by a new ocean ethic. The legal coasts—and our society as well—have
framework that governs our oceans is more changed dramatically since that time.
than 30 years old, and has not been updated For example, nearly 30 years ago, in
to reflect the current state of ocean resources response to outrage over foreign overfishing of
or our values toward them. The last compre- abundant fish populations off America’s
7
FIG. TWO
Art: John Michael Yanson
Coral reefs—often called the “rain forests of the sea”—are among the most diverse ecosystems on the planet. Pollution, destructive
fishing activities, coastal development, and climate change contribute to the declining health of the world’s reefs.
shores, Congress took action to develop a ing development of a more sophisticated
domestic fishing industry and capture the approach called ecosystem-based manage-
wealth of fisheries for this country. Today, the ment. An ecosystem is composed of all of the
problem is reversed. We are overfishing our organisms living in a certain place and their
already depleted fish populations, harming interactions with each other and with their
marine ecosystems, and leaving fishermen out environment. Weather, currents, seafloor
of work. topography, and human activities are all
Over the past three decades our under- important influences on ecosystems. The goal
standing of the oceans has also evolved. For of ecosystem-based management is to maintain
too long we viewed the ocean as a limitless the health of the whole as well as the parts. It
resource. We now know that ocean life is acknowledges the connections among things.
finite. We overlooked the connections Maintaining healthy ecosystems is cru-
between the land and sea. Now, we know that cial. When we sacrifice healthy ecosystems,
our activities on land—from building roads to we must also be prepared to sacrifice econom-
logging trees to damming rivers—have a direct ic and social stability. Indeed, once an ecosys-
impact on the oceans. tem collapses, it may take decades or centuries
Over time, experience on land has made for it to recover, and the species that we so
biologists and ecologists aware of the many valued may be permanently lost (Figure Two).
linkages within and among ecosystems, foster- The story of horseshoe crabs is a cau-
8
tionary tale. Every spring, hundreds of thou- effectiveness of the nation’s ocean policy. Our
sands of horseshoe crabs migrate to the shores approach encompassed extensive research, con-
of the Delaware Bay to spawn. The crabs pile sultation with scientific and policy experts, and
up on the beaches, where each female may testimony from Americans whose lives are inter-
lay up to 80,000 eggs. twined with the ocean. We identified three pri-
When they spawn, as many as 1.5 mil- mary problems with ocean governance. The first
lion migrating shorebirds stop on the beaches is its focus on exploitation of ocean resources
to gorge themselves on the eggs. Some with too little regard for environmental conse-
species, such as red knots, nearly double their quences. The second is its fragmented nature—
weight during a two-week stopover on their institutionally, legislatively, and geographically.
migration from southern Brazil to Canada. If Third is its focus on individual species as
the birds are unable to bulk up on the eggs, opposed to the larger ecosystems that produce
they may never complete their flight north, or and nurture all life in the sea.
may fail to breed once they arrive. Small To correct this situation, we have identi-
mammals, diamondback terrapins, and mol- fied five main challenges and corresponding
lusks also feed on the eggs. recommendations for revising our laws and
By the mid-1990s, scientists began to institutions. The five challenges are: reforming
notice declines in horseshoe crab and shore- ocean governance, restoring America’s fish-
bird counts. The declines coincided with an eries, protecting our coasts, cleaning coastal
increase in offshore trawling for the crabs, waters, and guiding sustainable aquaculture.
which are sold as bait to catch eels and New laws and policies, however sub-
whelks. According to the National Marine stantial, are not enough. A more fundamental
Fisheries Service, the catch of horseshoe crabs change is needed. A change in values—not
in New Jersey, Delaware, and Maryland dou- only what we value, but how we value—is
bled between 1990 and 1994 to at least a half essential to protecting and restoring our
million crabs a year. oceans and coasts.
During this period, horseshoe crab Our society needs an ethic of steward-
counts on spawning beaches were down dra- ship and responsibility toward the ocean and
matically, on some beaches by 90 percent. its inhabitants. Like the conservation land
The number of shorebirds declined sharply as ethic that has taken shape in our nation over
well. Also threatened is a multimillion-dollar many decades, an ocean ethic provides a
ecotourism industry centered on the annual moral framework to guide the conduct of indi-
bird migrations. viduals and society. Extending environmental
protection beyond a single medium—such as
air, or water, or a single species of plant or
TOWARD AN OCEAN ETHIC
In July 2000, the Pew Oceans Commission animal—to entire ecosystems is both a practi-
embarked on a journey of inquiry. We sought to cal measure and our moral obligation as the
understand the state of our oceans and the stewards of our planet.
9
The Commission has framed six key prin- healthy marine ecosystems. In the face of
ciples that form the core of a new ocean ethic uncertainty, we should err in our decisions on
and that underlie all of our recommendations. the side of protecting these ecosystems.
UPHOLD THE PUBLIC TRUST RECOGNIZE INTERDEPENDENCE
The oceans of the United States are a vast Human well-being and the well-being of our
public domain that is vitally important to our coasts and oceans are interdependent. We
environmental and economic security as a depend on marine ecosystems, and they
nation. The public has entrusted the govern- depend on our respectful treatment. Other
ment with the stewardship of our oceans, and interdependencies are likewise crucial:
the government should exercise environmental between land and sea; among species and
and economic control over them with a broad between species and their habitats; among all
sense of responsibility toward all citizens and levels of government with jurisdiction over the
their long-term interests. Likewise, public and marine environment; and among government,
private users of ocean resources should be the public, and the users of coastal and
responsible in their use and should be held marine resources. An ocean ethic requires us
accountable for their actions. to understand these connections, and use that
knowledge wisely.
PRACTICE SUSTAINABILITY
The essence of sustainable development is using ENSURE DEMOCRACY
our planet’s resources as if we plan to stay. In Our current system of ocean governance, and
the long term, economic sustainability depends the patterns of ocean use resulting from it, too
on ecological sustainability. We must reassess often allows the needs and desires of a few to
and, where necessary, change our actions to dictate the availability of benefits for all of us.
take out no more living things than the system The public should be able to count on gover-
can reliably replace and put in no more con- nance decisions that respect broad and long-
taminants than the system can safely absorb. term societal goals; and to be confident those
We must protect what should not be destroyed, decisions are made by institutions that are
and repair as much of the damage as we can. accessible, efficient, and accountable through
processes that are transparent and collaborative.
APPLY PRECAUTION
Despite the wealth of knowledge we have IMPROVE UNDERSTANDING
accumulated, there is a great deal of uncer- We know enough about coastal and marine
tainty in our understanding of the structure ecosystems to improve their sustainable use.
and functioning of coastal and marine ecosys- With better information, we could do much
tems. However, we depend on ecological and more. Public and private institutions need to
economic goods and services provided by work together to fill the gaps in our knowl-
10
edge and to ensure that decision-makers have how we affect ecosystems.
timely access to the information they need to The scope of the problems before us
protect the public interest. In addition, they requires sweeping change. With a strong
need to provide the public with understand- ocean ethic to anchor us, we must place
able information about the structure and conservation of ocean ecosystems and
functioning of coastal and marine ecosystems, resources as the primary goal of a new
how ecosystems affect our daily lives, and national ocean policy.
2002 Stephen Frink/The Waterhouse
Waving sea fans and octocorals frame a blue angelfish in the waters of Florida Keys National Marine Sanctuary.
11
Chapter One
AMERICA SPEAKS
© Lou Jawitz.com
headed a number of important initiatives to
Knowledge of the oceans is more than a matter of
ensure safe drinking water, clean air and water
curiosity. Our very survival may hinge upon it.
resources, and protect and improve coastal
President John F. Kennedy
areas. Mike Hayden is the former governor of
Kansas and past president of the American
In June 2000, the 18 members of the inde-
Sportfishing Association. He also served in the
pendent Pew Oceans Commission embarked
first Bush Administration as assistant secretary of
on the first national review of ocean policies
interior for fish, wildlife, and parks. Tony
in more than 30 years. They brought together
Knowles recently completed two terms as gov-
their collective experiences from the worlds of
ernor of Alaska. The former mayor of Anchorage
fishing, science, conservation, education, gov-
served on the North Pacific Fishery Management
ernment, and business to develop recommen-
Council, and brought his depth of experience to
dations for a new national ocean policy to
bear as chair of the Commission’s governance
restore and protect natural ecosystems and
committee, one of four such committee chairs.
maintain the many benefits the oceans provide.
Kathryn Sullivan is a former astronaut
Each member of the Pew Oceans
and chief scientist for NOAA, the National
Commission brings a lifetime of personal and
Oceanic and Atmospheric Administration.
professional connections to the oceans.
Dr. Sullivan currently directs a hands-on
Former Congressman and White House Chief
science center in Columbus, Ohio, devoted
of Staff Leon Panetta is chair of the Pew
to the public understanding of science and
Oceans Commission. Mr. Panetta has lived
improving science education. She chaired
along California’s Big Sur coast his entire life
the Commission’s pollution committee.
and comes from a fishing family. He spent
Joseph Riley has served as mayor of
16 years in Congress representing California’s
Charleston, South Carolina, since 1975.
fishermen, farmers, and coastal residents. He
During this time, he has become a leading
authored the legislation establishing the
expert on urban design and livability issues
Monterey Bay National Marine Sanctuary, the
and is a founder of the Mayors’ Institute for
nation’s largest marine protected area.
City Design. Mayor Riley served as chair of
Mr. Panetta took over as chair after the
the coastal development committee. Eileen
Commission’s first chair, then-Governor
Claussen is president of the Pew Center on
Christie Todd Whitman, stepped down to
Global Climate Change. She is a former assis-
head the U.S. Environmental Protection
tant secretary of state for oceans, environment,
Agency. Governor Whitman is one of four
and science. She chaired the Commission’s
past or present governors who served on
fishing committee.
the Commission.
Commercial fishermen Pat White, a
George Pataki is serving his second term
lobsterman from York, Maine, and Pietro
as governor of New York, where he has spear-
12
Parravano, a salmon fisherman from Half Moon David and Lucile Packard Foundation, are
Bay, California, gave the Commission a look active in the areas of philanthropy, the envi-
into the lives of America’s fishing families ronment, and education.
through their own experiences and by hosting a In the ensuing two and a half years,
series of discussions with fishermen all around commissioners traveled around the country
the country. Carlotta Leon Guerrero brought to learn firsthand about the problems facing
the concerns and unique perspectives of the our oceans. Along the way, they spoke with
residents of Guam, where she is a past member thousands of citizens who live and work
of the senate, and of the Pacific islanders in along the coasts. They heard from dozens of
general. John Adams of the Natural Resources leading scientists and published a series of
Defense Council and Roger Rufe (Vice Admiral, reports on pollution, coastal development,
United States Coast Guard, Retired) of The marine reserves, fishing, aquaculture, and
Ocean Conservancy represented the interests of introduced species.
hundreds of thousands of citizens concerned Commissioners traveled from Maine
about the marine environment. to Hawaii, from the Gulf of Alaska to the Gulf
Throughout its deliberations, the of Mexico. They studied coastal development
Commission sought the best available scien- in Charleston, South Carolina, and Portland,
tific information, beginning with its choice of Oregon. They met with sportfishermen in
commissioners. Jane Lubchenco is a professor Florida, lobstermen in Maine, salmon fisher-
of marine biology at Oregon State University men in Kodiak, and crabbers in Baltimore. The
and past president of the American Commission toured aquaculture facilities
Association for the Advancement of Science in Maine, Florida, and Washington, and
and the Ecological Society of America. a pineapple plantation in Hawaii.
Charles Kennel is the director of the Scripps Commissioners reviewed habitat restoration
Institution of Oceanography in San Diego. programs in South Carolina, Maine, and
Geoffrey Heal is a professor of economics and California. They traveled to Des Moines, Iowa,
finance at Columbia University. Along with to talk with farmers about ways to limit pollut-
Dr. Sullivan, they ensured a solid scientific ed runoff from fields and feedlots.
basis for the Commission’s deliberations. The story that unfolded is one of a
As CEO of American Water Works growing crisis along America’s coasts.
Company, the nation’s largest private drinking Although the issues and circumstances
water utility, Marilyn Ware brings extensive vary from community to community, the
business experience to the Commission. Commission found a shared sense of urgency
David Rockefeller, Jr., vice chair of the and commitment to reverse the decline in the
National Park Foundation and trustee health of the oceans.
of the Rockefeller Brothers Fund, and What follows is a sampling of what the
Julie Packard, executive director of the commissioners heard and learned at public
Monterey Bay Aquarium and vice chair of the hearings held in cities around the nation.
13
MONTEREY, CALIFORNIA of life in all reaches of the ocean, and the
November 27, 2000 cycling of its critical elements that support
Several dozen fishermen, scientists, environ- life and regulate climate.”
mentalists, and state and local government Dr. McNutt noted that scientists explor-
officials attended the Commission’s first public ing the deep canyons off Monterey routinely
hearing in Monterey, California. The setting discover ocean animals previously unknown
was appropriate: Monterey was once a thriv- to science. She compared the significance of
ing fishing community. Its Cannery Row was the discoveries to “knowing about cats but
made famous by novelist John Steinbeck. having never seen a lion.”
However, the sardine fishery collapsed in the Other people testified to the problems
mid-20th century, and other California fisheries confronting marine mammals, including sea
have followed suit. At the time of the otters. Jim Estes of the U.S. Geological Survey
Commission’s hearing, there was a growing and the University of California, Santa Cruz,
sense of crisis regarding the previously robust described how the sea otter’s remarkable recov-
bottom fish fishery. The population of bocac- ery from near extinction is now in jeopardy.
cio rockfish, commonly sold as Pacific red “Protecting sea otters from hunting is not
snapper, and other bottom fish had plummet- enough,” said Dr. Estes. Sea otter declines as far
ed to historic lows, signaling the difficulties north as Alaska indicate that factors such as
the fishery would soon face. coastal pollution, habitat disturbances, and the
Zeke Grader, of the Pacific Coast ripple effects of overfishing on ocean food webs
Federation of Fishermen’s Associations, direct- are taking a growing toll on sea otter survival.
ly addressed this crisis: “Our concern is that While in the Monterey area, the
this industry may soon be gone if we don’t Commissioners visited the Elkhorn Slough
develop strong ways of protecting oceans and National Estuarine Research Reserve—one of
ocean systems for the future livelihood of more than two dozen such protected areas
fishing communities.” managed jointly by state and federal govern-
Today, Monterey is a world-renowned ments—and the Monterey Bay National
center for ocean research, exploration, and Marine Sanctuary, the largest of a national
education, and leading scientists addressed network of marine sanctuaries. Both of these
the Commission. protected areas offer successful examples of
Marsha McNutt, director of the bringing different interests together from
Monterey Bay Aquarium Research Institute across a region to protect and maintain
and chair of a presidential panel on ocean coastal and ocean ecosystems.
exploration addressed the panel saying,
“It has been stated many times that we know MAUI, HAWAII
more about the backside of the moon than February 7, 2001
we do about the bottom of our ocean. We Native Hawaiians, coral reef experts, and long-
have just begun to learn about the diversity line fishermen were among nearly 100 people
14
who attended the public hearing in Maui. The purposes. “It does not grow in the ocean
hearing coincided with the announcement of anymore,” he said.
court-ordered restrictions on the longline Maxwell recalled the centuries-old
fishery to protect endangered sea turtles. This concept of Ahu Pua’a, which allocated land
contentious issue, however, is not limited to in sections that extended from the top of a
Hawaii; it affects the entire western Pacific, mountain to the coastal ocean below. This
as did many of the issues addressed in Maui. system implicitly respected the connection
Robert Richmond, a marine biologist at between the land and the sea. “The ancient
the University of Guam, addressed the dire state Hawaiians had a deep respect for land as it
of the world’s coral reefs, highly diverse and was the children of the gods.”
productive ecosystems often compared to rain Captain Jim Coon also emphasized the
forests. Dr. Richmond noted that living coral need to respect our natural resources. Coon
reefs—including those off Hawaii that account comes from a fishing family, although since the
for 70 percent of the U.S. coral reefs—are of early 1970s he has made his living watching
considerable ecological, economic, and cultural wildlife instead of catching it. Coon started
value. Coral reefs provide the sand that blankets Trilogy Excursions, Maui’s oldest sailboat com-
tropical beaches and protects these same shore- pany. “We found that the most important agent
lines from waves and erosion. They provide for change was education and we had a captive
nurseries and protection for myriad marine life audience with our tourists. In the late ’70s and
important to commercial fisheries and tourism, early ’80s, the message was ‘save the whales.’
and they are central to island cultures. Dr. Twenty years later, the humpback whale popu-
Richmond detailed the consequences of poorly lation has grown tenfold. It is our continuing
planned development, coastal pollution, and goal to show, by example, that the ocean-
destructive fishing practices, which has led sci- tourism industry can be profitable and operate
entists to estimate that 70 percent of the world’s in a manner that is environmentally responsible
coral reefs may disappear within 40 years. and embraces core Hawaiian values,” he said.
Kahu Charles Kauluwehi Maxwell, who While in Hawaii, Commissioners also met
has been working to protect Hawaii’s natural with fishermen near Kihei, Maui. “We want fish-
resources and native traditions for decades, eries that will last for seven generations, as
described how the decline of ocean resources opposed to fishing it all out and putting the
has affected Hawaii’s native people. money in the bank,” explained William Aila,
“A true indicator that something’s wrong who trolls and handlines for tuna from his 21-
is when we as Kanaka Maoli, native people, foot boat. He pointed to the vessel monitoring
cannot meet our basic needs from the ocean,” system as a promising management tool for pre-
he said. As an example, Maxwell described serving small boat fishermen like him. “Large
the loss of limu, seaweed that Hawaiian vessels are supposed to fish at least 75 miles off-
natives have traditionally used for condiments, shore, while small vessels stay with the 50-mile
nourishment, and spiritual and medicinal range. The vessel monitoring system offers a
15
practical and inexpensive way of ensuring com- “Abundant research on rivers and estuaries
pliance,” he said—offering the Commission the confirms that when impervious surfaces cover
type of practical, constructive advice they more than 10 percent of a watershed, the
would hear across the nation from fishermen rivers, creeks, and estuaries they surround
and others struggling to find solutions. become biologically degraded.”
Commissioners also toured a pineapple Personal experience testified to this trend.
plantation to learn about efforts to curb pollut- In the early 1950s, Fred Holland and his broth-
ed runoff and heard from local officials about ers spent their summer vacations in Myrtle
ways to manage development to preserve Beach. “We could gather enough fish, crabs,
coastal habitats. The Commission would review and oysters from the tidal creeks to feed us for
similar issues at its next regional meeting. the week. Today, it is unsafe to eat the shellfish
from most of the creeks and too few fish occur
in them to make fishing worthwhile,” Holland
CHARLESTON, SOUTH CAROLINA
March 27, 2001 told the Commission. Today, he runs the
Close to 100 people packed the Commission’s Hollings Marine Laboratory, and leads efforts
daylong public workshop on coastal develop- to preserve the state’s tidal creeks and estuaries.
ment held at the College of Charleston. Many “The hardest thing I have ever worked
in the room were students from local colleges, on is conversion of the science we developed
as well as scientists and fishermen. Interest in for tidal creeks into land-use ordinances that
the topic had recently been piqued by the did not infringe upon property rights,” he
release of a Clemson University study that said. However, after years of meetings with
projected the region’s urban area would grow the public, land-use planners, and decision-
by 230,000 acres in 15 years, more than twice makers, Holland said the efforts paid off. “We
the size of Charleston’s existing urban area. passed comprehensive land-use plans that
The report urged action on existing local maintained the quality of life and protected
development plans to preserve open space critical natural resources. These plans are far
and the region’s coastal habitats. from perfect. They are, however, a major step
Similarly, in his report prepared for in the right direction.”
the Commission, Dana Beach of the South Vince Graham spoke to the Commission
Carolina Coastal Conservation League found about his experiences as a developer in the
that some large coastal metropolitan areas region. “I used to think that people are bad.
consume land 10 times as fast as they add More people are worse. I sometimes refer to it
new residents. Furthermore, Beach reported as the ‘hate thy neighbor’ syndrome, and think
that if today’s land consumption trends con- it is a direct outgrowth of the damaging way
tinue, more than one-quarter of the coast’s we have grown over the past five decades with
acreage would be developed by 2025. zoning laws placing quantity over quality. What
“These trends are a prescription for we see now is an emphasis on inclusiveness
severe ecological damage,” said Beach. and community, where neighborhoods get bet-
16
ter over time. This form of development leads to region’s once-abundant groundfish fisheries.
a certain connectedness among residents that is Although Maine has had long-standing
absent in conventional subdivisions.” problems with depleted fisheries, the
Development was also on the minds of Commission encountered one of the best
fishermen who came to Charleston to meet examples of innovation in fishery manage-
with the Commission. Ben Hartig talked about ment: the lobster fishery. Early on a foggy
the increasing number of fishermen who can morning, commissioners went lobstering with
no longer afford to live along the coasts and Captain Bob Baines and Captain David
must wake up hours earlier to tow their boats Cousens to learn about the fishery’s innovative
to the water from new homes far inland. management strategy, put in place in 1996.
Others worried about the loss of working Lobster is the highest revenue-producing
waterfronts and the infrastructure needed to fishery in the northeastern United States,
support the industry, as bait shops and boat generating 325 million dollars from 87.5 mil-
repair businesses give way to condominiums lion pounds of lobster. Entire communities
and art studios. along Maine’s rugged coastline depend upon
However, development is only one the lobster fishery.
part of the challenge facing fishermen. The Commission heard from James
Tony Iarocci, a commercial fisherman from Wilson, professor of Marine Sciences at
Marathon, Florida, believes that fishermen the University of Maine; fishery consultant
must stay engaged. “From New England to Robin Alden; Patrice Farrey of the Maine
Alaska, there are representatives of the com- Lobstermen’s Association; and others about
mercial fishing industry who should be includ- the fishery’s sometimes-contentious co-man-
ed in any new national policy regarding agement system that jointly involves fisher-
America’s oceans, with an emphasis on sus- men, scientists, and managers in decision-
taining the productivity and diversity of the
oceans’ resources and all user groups. It is
time all resource users put aside their person-
al agendas and work together.”
Justin Kenney/Pew Oceans Commission
ROCKPORT, MAINE
June 13, 2001
Nearly 200 people, including lobstermen,
representatives of the aquaculture industry,
environmentalists, citizens, and local politi-
cians attended the Commission’s hearing in
Maine. The Commission’s visit came at a time During their visit to Maine, commissioners went lobster fishing off Spruce
Head. Captain Bob Baines talks with Leon Panetta about innovative meas-
when fishermen, scientists, and fishery man-
ures to manage the highest revenue-producing fishery in the Northeast.
agers continue to work toward rebuilding the
17
making. Captains Baines and Cousens talked threat posed to wild salmon populations when
about the benefits of new trap and size limits, farm-raised salmon escape.
restrictions on catching female lobsters, and Marine aquaculture is just one of
the creation of lobster zones that resulted from many possible ways invasive species can be
this collaborative approach. introduced into the natural environment,
Other fishermen expressed concern according to James Carlton, director of
about the region becoming too dependent on Williams-Mystic, the Maritime Studies
lobster alone—as other fisheries become Program of Williams College and Mystic
depleted—especially if the lobster fishery Seaport. In his report prepared for the
begins to decline. Captain Steve Train, a Commission and presented in Maine, Dr.
commercial fisherman from Long Island, off Carlton described a “game of ecological
the Maine coast, recalled a different time. roulette” playing out along our coasts as hun-
“As a child I saw my relatives and dreds of species arrive each day by way of
neighbors involved in purse seining, gill ships, ballast waters, fishing activities, and
netting, dragging, scalloping, tub trawling, other means. Dr. Carlton detailed that the rate
lobstering, and more. These were all small of marine introductions has risen exponential-
boat fishermen who came home almost every ly over the past 200 years and shows no sign
night. The 25 boats here on the island now of leveling off (Figure One).
are all just lobster boats,” Train said.
“About 180 people live here year-round. ANCHORAGE, ALASKA
Fifty to sixty of us are fishermen…. We are the August 15, 2001
ones who have children in the school, volun- Alaska is home to some of the world’s most
teer in the fire department, and serve on the abundant populations of fish and marine
school boards. The ability to adapt and move mammals, the world’s largest eelgrass beds,
among different fisheries is what keeps us and and the greatest aggregation of seabirds. Its
our communities alive.” diverse marine ecosystems, wetlands, estuar-
The Commission also heard consider- ies, and river deltas form the basis of a tradi-
able testimony about the growth of marine tional subsistence lifestyle and are vitally
aquaculture in Maine, and the pros and cons important to the cultural, spiritual, and nutri-
of raising salmon in nearshore pens. tional well-being of people throughout the
Donald Eley of the Friends of Blue Hill state. Alaskans’ ties to the oceans were evi-
Bay voiced concerns about the impacts of dent at the Commission hearing, attended by
aquaculture facilities on traditional fisheries more than 200 people, including Alaska
and the local ecology. He questioned the natives, commercial and recreational fisher-
effects of excess feed and feces generated men, marine scientists, fishery managers, fish
from salmon operations and the use of processors, and environmentalists.
chemical pollutants such as pesticides and During the daylong public hearing,
antibiotics. He also raised concerns about the commissioners received testimony about a
18
number of pollution problems, from cruise
ship pollution in Glacier Bay to the buildup of
FIG. ONE
contaminants in fish and marine mammals.
This graph shows the rate of invasions of marine invertebrates and
Shawna Larson of Alaska Community seaweeds based upon the number of new invasions occurring in the
U.S. coastal zone from 1790 to 1999. For example, there were 150
Action on Toxics was among those who
new invasions from 1970 to 1999. The total number of invasions
addressed the Commission. plotted on this graph is 374 species.
“Traditional foods are the spiritual and
Rate of Invasions
cultural foundation for tribes,” she said. “But
tten Crab
the traditional foods that we gather from the
e se Mi
ocean and from the land have contaminants.
C h in
My Aunt Violet points out that we aren’t just
eating one contaminant. We eat the
whole fish. I care because it affects me
personally. I have a small daughter, and
I’m pregnant. I know that I’m passing the
contaminants from the ocean on to my
unborn baby. I want my children to grow up
150
unafraid to eat salmon and halibut and other
wild foods that are part of our tribal heritage,”
Number of Species
100
she said.
Fishing is Alaska’s largest private
employer and more than half the fish caught 50
in the United States comes from its waters.
Accordingly, the Commission heard much
0
Art: John Michael Yanson
testimony about Alaska’s fisheries—arguably,
1790—1819
1820—1849
1850—1879
1880—1909
1910—1939
1940—1969
1970—1999
the best managed single-species fisheries in
the country. With rare exceptions, the man-
agers there have a record of not exceeding Time Period
acceptable catch limits set by scientists. In Source: Ruiz et al., 2000.
addition, Alaskans have done more to control
bycatch and protect habitat from fishing gear done a reasonably good job.”
than any other region in the nation. The Commission also heard testimony
While justifiably proud of their record, about the threats posed by overfishing, its effects
managers were frank about some difficult on marine mammals, including the Steller sea
issues yet to be resolved. “We don’t want to lion, and pollution from cruise ships.
paint everything up here as perfect. It’s not,” Following the public hearing, Commis-
said David Benton, chair of the North Pacific sioners traveled to Kodiak, Alaska, the second-
Fishery Management Council. “But we’ve largest island in the United States and a major
19
fishing hub. In Kodiak, as elsewhere in the state, coasts, the state of our oceans is largely over-
commissioners spoke with fishermen, scientists, looked,” he said. “It was the devastation to
and fishery managers. Kodiak’s docks are home wildlife on the American plains that President
to more than 700 trawl, longline, and crab ves- Theodore Roosevelt witnessed during his ranch-
sels. The city boasts world-class ocean research ing and hunting days that inspired his own con-
facilities and bustling canneries. servation ethos. He realized then that we were
In a meeting held at the Fishermen’s Hall, pushing species beyond their ability to recover.
commissioners learned that despite the wealth While much of conservation is driven by well-
of the seas, salmon fishermen were losing founded moral considerations, we must not
ground because they could not compete with overlook the fact that we also conserve in order
low-priced farmed salmon flooding the market. to survive…. We are the stewards of tomorrow’s
They also heard about the pros and cons of the prosperity and security.”
fishery management technique known as IFQs, Rick Moonen, chef and owner of rm
or individual fishing quotas. IFQs divide the Restaurant in New York, came to the hearing
total allowable catch and assign portions of it straight from his kitchen, dressed in his white
to individual fishing enterprises. chef’s outfit. Moonen said that he is constantly
aware of the oceans. “As a chef, I make my liv-
ing out of selling seafood. Chefs work with the
NEW YORK CITY, NEW YORK
November 29, 2001 product—fish, shellfish—every day. So, I notice
Under the 96-foot-long blue whale in the things. I don’t think of myself as an activist. I’m
American Museum of Natural History’s Hall just a businessperson looking into the future and
of Ocean Life, the Commission met with not liking the picture I see. We—chefs, con-
more than 100 people. The interesting mix sumers, fishermen, and policymakers—have a
included fishermen from Long Island, authors, responsibility to ensure that the seafood choices
a chef, academics, environmentalists, and we make today are the best ones for the ocean.”
government officials. Bonnie Brady, executive director of the
In New York, as elsewhere, local and Long Island Commercial Fishing Association,
regional issues regarding the oceans and with two children in tow, urged the Commis-
coasts were prominent in the news, as debate sion to remember that, “Those working to
continued over whether to require General achieve sustainable fisheries should not leave
Electric to remove PCB contaminants from the out of the equation the fishermen and their
Hudson River, which the U.S. Environmental communities…and remember that humans are
Protection Agency later ruled it must. part of the environment.”
In his testimony before the Commission, Brady’s husband, Dave Aripotch,
Theodore Roosevelt IV called upon all works out of Montauk, Long Island, aboard
Americans to extend our conservation ethic his 70-foot dragger, Cory & Leah, and a 65-foot
to the sea. dragger, Samantha & Mairead. “In our
“With the possible exception of our community, the commercial fishing community
20
is probably about 200 to 300 people, plus an
additional 200 to 300 people employed by the
Deb Antonini/Pew Oceans Commission
charter boat and recreational fishing industries.
We have every kind and size of boat you can
imagine: 12-foot clamming skiffs, 40- to 60-foot
inshore draggers, 50- to 60-foot longliners, and
65- to 90-foot offshore draggers. Commercial
fishing here is 24/7, fishing for flounder, fluke,
cod, haddock, whiting, squid, porgies, tilefish, Retired Coast Guard Vice Admiral Roger Rufe, president of The Ocean
Conservancy, welcomes his fellow commissioners aboard the U.S. Coast
tuna, lobsters, clams, and more.”
Guard cutter Katherine Walker during the Commission’s visit to New York.
While in New York, commissioners
the Gulf of Mexico,” she said. “But I am also
toured habitat restoration and waterfront
concerned about the impact of nutrient pollu-
redevelopment projects along the New York and
tion on the health of Iowa’s water resources.”
New Jersey shorelines. They visited the Fulton
In the marine pollution report he pre-
Fish Market—the nation’s largest wholesale
pared for the Commission, Dr. Donald Boesch
seafood market—getting a glimpse of the scale
of the University of Maryland found that nutri-
of the industry in this megalopolis.
ents running off our farms and cities have
emerged as the most widespread pollution
DES MOINES, IOWA
problem for coastal waters. As these nutrients
December 10, 2001
flow off our farm fields, lawns, and golf cours-
Des Moines is situated near the heart of the
es to our coastal waters, they in effect “fertil-
Mississippi River watershed, which drains
ize” the oceans, triggering a depletion of the
more than 40 percent of the continental
oxygen and degradation of habitat that marine
United States into the Mississippi River and
species need to survive. The result: dead zones
ultimately into the sea.
where no life exists, including such a zone off
It was appropriate, therefore, that this
the mouth of the Mississippi River that has in
one-day hearing in Des Moines featured
recent years grown as large as Massachusetts
presentations from agronomists and marine
(Figure Two, page 22).
biologists as well as farmers and fishermen.
For the Commission, the Des Moines
Throughout the day, panelists and public com-
hearing highlighted this problem of nutrient
mentators drew connections between farming
pollution. The Mississippi—like the Hudson,
practices in the heartland and the health of
the Susquehanna, the Columbia, and
our waters.
America’s other great rivers—has become an
Susan Heathcote of the Iowa
expressway for nutrients and toxic substances
Environmental Council spoke to the
bound for the sea.
Commission. “I am here because I am con-
Nancy Rabalais of the Louisiana
cerned about the impact that nutrient pollution
Universities Marine Consortium pointed to
from Iowa and the upper Midwest is having on
21
FIG. TWO
U.S. Coastal Dead Zones Associated with Human Activity
Many coastal ecosystems around the United States have documented low levels of dissolved oxygen, a condition known as hypoxia. Often these hypoxic
areas—also known as dead zones—are a result of both natural and anthropogenic events. The map below shows the distribution of dead zones in U.S. coastal
waters that are associated with human activity.
Dead zones are concentrated along the Atlantic and Gulf coasts because of the proximity of heavily populated areas and the intense agricultural practices that
create the discharge of large quantities of nutrients into coastal waters. Warmer summer temperatures in these waters stratify the water column, a component
in the development of hypoxia. Waters along the Pacific coast of the U.S. are not prone to stratification of the water column.
The color-coded flags indicate the decade or year in which the hypoxic event was first discov-
ered (see map key). A location with more than one flag indicates it was identified as a
AN hypoxic area from data in more than one decade or year. The prevalence of multiple
1
CE events shows hypoxic conditions have not improved in any of our coastal and
O
IC estuarine systems.
IF
C
A
P
2
32 33
31
23
25 30
22
34 35 36
3 24
28 29
4 21
6 8
5 26 27
20
7
11 N
19
18
9
A
G 10 17 E
12
U
C
L
M O
O F 16
E F
IC
X
NT
I 13
LA
C Chronology of Hypoxic Events
AT
O
15 1970s
1980s
14 1990s
2000
1 Hood Canal 10 Mobile Bay 19 Pamlico River 28 Barnegat Inlet Scale varies in this perspective.
2 Los Angeles Harbor 11 Perdido Bay 20 York River 29 New York Bight
3 Corpus Christi Bay 12 St. Joseph Bay 21 Rappahannock River 30 Raritan Bay
4 Texas Shelf, Shallow 13 Hillsborough Bay 22 Potomac River 31 New York City Harbor
5 Texas Shelf, Deep 14 Florida Keys 23 Chesapeake Bay Mainstem 32 Flushing Bay
6 Freeport 15 St. Lucie River 24 Townsend-Hereford Inlet 33 Hudson River
7 Louisiana Shelf 16 St. Johns River 25 Delaware River 34 Long Island Sound
8 Lake Pontchartrain 17 Cape Fear River 26 Great Egg Harbor River 35 Pettaquamscutt River
9 Bon Secour Bay 18 Neuse River 27 Mullica River 36 Waquoit Bay
Source: Robert J. Diaz, College of William and Mary, Virginia Institute of Marine Science. This map is based solely on data from published scientific research.
Map: Jerome N. Cookson
successful efforts to curb nutrient runoff in the proven successes of reducing nutrients, are rea-
U.S. and around the world as reason to be sons enough for continued and expanded efforts
hopeful. “The growing decline of coastal water to prevent excess nutrients from reaching the
quality nationwide and globally, but also the sea,” Dr. Rabalais told the Commission.
22
NEW ORLEANS, LOUISIANA to their home in Barataria, Louisiana, to talk
March 15, 2002 with the Commission about the fishing industry.
Commissioners traveled to New Orleans and They spoke about increased competition from
the mouth of the Mississippi River to consider imported shrimp—much of it caught or farm
the pollution issues raised in Des Moines and raised in countries lacking sufficient environ-
other issues facing the Gulf of Mexico and its mental safeguards. They expressed frustration at
residents. About 75 people gathered in a watching refrigerator trucks full of imported
Bourbon Street hotel, including members of shrimp drive from the airport to local process-
the U.S. Army Corps of Engineers, state politi- ing plants, while they are unable to sell their
cians, scientists, environmentalists, shrimpers, local catch. Others talked about the effects of
and recreational fishermen. The hearing coin- the continued loss of wetlands, which serve as
cided with the release of a new report from nurseries for many commercially important
the Governor’s Committee on the Future of fisheries, as well as about the problems of pol-
Coastal Louisiana. lution and coastal development.
King Milling, chair of that committee
and president of Whitney National Bank, THE BIG PICTURE
spoke for many coastal residents when he In addition to their regional meetings, members
addressed the Commission. of the Pew Oceans Commission traveled to
“The loss of Louisiana’s marshes will Portland, Oregon, to study coastal development;
incrementally destroy the economy, culture, held a fishery management workshop in Seattle,
ecology, and infrastructure, not to mention the Washington; and hosted a workshop on ocean
corresponding tax base of this state and this governance in Monterey, California.
region,” he said. “From an ecological and envi- Commissioners attended conferences
ronmental point of view it is a clear disaster. on marine aquaculture in San Diego,
The very existence of coastal towns and com- California, and Providence, Rhode Island.
munities will be called into question. Many of They met with hundreds of fishermen,
them will have to be abandoned. Jobs will be including a public hearing with recreational
lost. Lives will be disrupted and, in many fishermen at the International Game Fish
instances, placed at risk.” Association Hall of Fame and Museum in
The committee has called for a Dania, Florida. All told, commissioners
$14 billion investment from state, federal, spoke with thousands of scientists, fishermen,
and private sources to correct the runaway ero- students and teachers, coastal residents,
sion of Louisiana’s coastline, exacerbated by the businessmen and women, government offi-
Corps of Engineers’ efforts to tame the cials, and countless others. They found an out-
Mississippi River. pouring of concern and a shared commitment
Before the Commission’s hearing, shrimp to restore, protect, and maintain the health of
fisherman Michael Roberts and his wife, Tracy the oceans for the benefit of current and
Kuhns, invited several of their fellow fishermen future generations.
23
Part Two
A PUBLIC GOOD AT RISK
Cushion sea stars, Virgin Islands National Park, U.S. Virgin Islands
25
Steve Simonsen/Marine Scenes
Chapter Two
GOVERNANCE FOR SUSTAINABLE SEAS
© Lou Jawitz.com
were established.
…laws and institutions must go hand in hand with the
Not a system at all, U.S. ocean policy is a
progress of the human mind. As that becomes more
hodgepodge of individual laws that has grown
developed, more enlightened, as new discoveries are
by accretion over the years, often in response to
made, new truths discovered and manners and opinions
crisis. More than 140 federal laws pertain to the
change, with the change of circumstances, institutions
oceans and coasts (Box One). Collectively these
must advance also to keep pace with the times.
statutes involve at least six departments of the
Thomas Jefferson
In a letter to Samuel Kercheval, July 12, 1816
federal government and dozens of federal
agencies in the day-to-day management of our
Dams in the Columbia River basin have
ocean and coastal resources.
devastated salmon populations in the Pacific;
Authority over marine resources is
fertilizer running off fields in the corn belt
fragmented geographically as well. The
has created a huge dead zone in the Gulf of
Submerged Lands Act of 1953 gave most
Mexico one thousand miles away; declines in
states authority over submerged lands and
sea otters lead to the loss of kelp forests. The
overlying waters from the shoreline out three
land is connected to the ocean and the oceans
miles. Federal territorial sovereignty extends
themselves are complex systems of interrelated
12 miles offshore, and, consistent with the
parts. Yet, we have approached them as though
United Nations Convention on the Law of the
they are collections of disconnected compo-
Sea, the federal government controls ocean
nents, problems, and opportunities.
resources out 200 miles or more. This
To govern the oceans for the long-term
federal/state division of ocean jurisdiction
public good, we need to manage with the
makes it difficult to protect marine ecosystems
entire ecosystem in mind, embracing the
because it divides their management into a
whole as well as the parts. The preeminent
nearshore and an offshore component with
goal of our ocean policy should be to pro-
insufficient means or mandate to harmonize
tect, maintain, and restore marine ecosys-
the two.
tems. To reach this goal, we must first under-
stand the fundamental problems of today’s
laws and programs. FAILING ECOSYSTEM, FAILED GOVERNANCE
The plight of salmon in the Pacific Northwest
illustrates the complex problems facing our
FRAGMENTED LAWS, DIVIDED WATERS
oceans and coasts, as well as the problematic
Governance is a reflection of the knowledge
nature of our response. The Northwest’s
and values of the society that creates it. Our
Columbia River Basin was historically spawn-
ocean governance needs updating to reflect
ing ground for some 10 to 16 million salmon
substantial changes in our knowledge of the
that returned from the Pacific Ocean each year
oceans and our values toward them since our
to lay their eggs. But decades of damming,
major ocean laws, policies, and institutions
26
BOX ONE Steve Simonsen/Marine Scenes
LAWS OF THE SEA
s The Endangered Species Act of 1973 (ESA) covers both
Beginning 30 years ago, a formidable body of environmen-
tal law was enacted in the United States to protect our air, terrestrial and aquatic species. The ESA prohibits the killing,
water, coastal zone, endangered species, marine mammals, injury, or harassment of species that are in danger of extinc-
and fisheries. According to a recent study by the Sea Grant tion. It establishes a process through which the secretary of
Law Center of the University of Mississippi (Sea Grant Law the interior (generally for terrestrial and freshwater species
Center, 2002), over 140 laws pertain to oceans and coasts. and birds) or the secretary of commerce (generally for
Forty-three of these (including three presidential proclama- marine species) may designate species as endangered or
tions) are considered major statutes. threatened, triggering the protections of the act. The ESA
also provides for the protection of habitat critical to the sur-
Although our coasts and oceans would no doubt be in vival of endangered species and requires federal agencies
worse condition without them, environmental quality has whose actions are likely to jeopardize a listed species to
nonetheless deteriorated since enactment of these laws. consult with the appropriate authority (either the
They were intended to address specific issues, but collec- Department of the Interior or the Department of
tively fail to provide an overall governance framework to Commerce) regarding alternatives to the proposed action.
maintain the health of marine ecosystems.
s The Marine Mammal Protection Act of 1972 was enacted
In addition to the Magnuson-Stevens Act, which is dis- in response to the public outcry over high dolphin mortality
cussed in detail in Chapter 3, a number of the major laws in the Pacific tuna fishery, the clubbing of baby seals, and the
affecting our oceans are listed below. commercial “fishery” for whales. It generally prohibits the
killing or harassment of marine mammals in U.S. waters or
s The Clean Water Act of 1972 (CWA) is the primary feder- by U.S. citizens on the high seas. It provides for limited take
al statute controlling water pollution by requiring, wherev- of marine mammals for subsistence purposes by Alaska
er attainable, that navigable waters of the United States be Natives and for take incidental to other activities, such as
made “fishable and swimmable.” The CWA dramatically fishing. Its management and recovery actions focus on main-
improved the nation’s water quality by providing for the taining sustainable populations of marine mammals. The
establishment of national water quality standards for pollu- Endangered Species Act and the Marine Mammal Protection
tants, by requiring that polluters obtain and abide by the Act, while effective at protecting many species, are stopgap
terms of a pollution discharge permit, and by establishing measures applied on a case-by-case basis that do little to
baseline technology that must be used to treat discharges address environmental factors critical to species’ survival.
of pollutants.
s The Ocean Dumping Act of 1972 was enacted to regulate
s The Coastal Zone Management Act of 1972 (CZMA) the disposal of wastes in U.S. marine waters. It gives the
established a voluntary program under which coastal U.S. Environmental Protection Agency primary responsibili-
states and territories could receive federal funding and ty for regulating the disposal of wastes at sea, except for
technical assistance to develop programs to manage dredge spoils, which are controlled by the Army Corps of
growth and development in coastal areas that is compati- Engineers. The 1988 amendments to the act required a
ble with protection of natural resources. The CZMA recog- phaseout of the disposal of sewage sludge and industrial
nized that good coastal management is in the national wastes in the sea, a practice that ended in the early 1990s.
interest. At the same time, its structure reflects the reality
s The Oil Pollution Act of 1990 established strict liability for
that the type of land-use planning required has traditional-
ly been a state or local government function. An important damages resulting from oil spills, broadened the categories
feature of the CZMA is a provision requiring that federal of compensable damages, increased civil penalties for
actions likely to affect the coastal zone be consistent with negligent discharges of oil, required measures to prevent
a state’s coastal zone management plan. oil spills, and required preparedness for oil-spill cleanup.
The Exxon Valdez oil spill prompted passage of this act.
27
hydropower production, habitat loss, and of the vast dam and reservoir system of the
overfishing have contributed to a 98 percent 260,000-square-mile river basin, it alone
decline in wild salmon populations, including cannot bring on board the local officials
the extinction of Columbia River coho salmon. whose land-use decisions are critical to the
In the last decade, at least 12 major salmon health of tributaries.
and steelhead trout runs have been listed During the period in which wild salmon
under the Endangered Species Act (Koehler have nearly vanished from the Columbia River
and Blair, 2001). Basin, the Bonneville Power Administration,
Concerned about the dwindling salmon, under the Northwest Power Planning Council’s
in 1980 Congress established the Northwest guidance, has spent more than 3.5 billion
Power Planning Council with the dual mission dollars on salmon restoration. The fragmenta-
of protecting the region’s fisheries and ensur- tion of responsibility for planning, funding,
ing an adequate power supply. The council and implementing; the failure to establish firm
consists of two members appointed by each of restoration goals; the lack of legal and institu-
the basin’s four state governors. There is no tional mechanisms to ensure that restoration
federal representative on the council. The goals are achieved; and the failure to bring all
council develops a regional fish and wildlife relevant parties to the negotiating table have
restoration program but is dependent on the been major obstacles to salmon restoration in
Bonneville Power Administration, a power the Columbia River Basin.
marketing agency, for restoration funding.
Under this structure, the council—whose GOVERNANCE THAT WORKS
members are not required to have expertise In its investigations, the Commission encoun-
in salmon restoration—has often rejected the tered a number of examples of governance
recommendations of fisheries experts. Dam that appear to be working. Successful efforts
operators are only required to consider the evolved where necessity and ingenuity com-
council’s plans in dam operations, not to bined to push people to reach out across tra-
adhere to them. And ultimately the water ditional jurisdictional lines, to form innovative
agencies have often failed to implement partnerships, and to address environmental
elements of the programs that are approved. issues comprehensively.
In 1999, the council’s failure to halt the
decline of Columbia basin salmon, highlighted THE ATLANTIC STATES MARINE
by the endangered status of many salmon FISHERIES COMMISSION
runs, led to the formation of a “Federal Every spring, hundreds of thousands of horse-
Caucus,” whose goal was to ensure that feder- shoe crabs migrate from offshore onto the
al agencies involved with salmon were work- beaches of Delaware Bay to spawn, where
ing together to improve compliance with the each female may lay up to 80,000 eggs in the
Endangered Species Act. While the caucus sand. These nutritious eggs provide fuel for as
may be able to improve the “fish-friendliness” many as 1.5 million shorebirds that migrate to
28
nesting grounds in Canada. If the birds are
unable to gorge themselves on the eggs, they
may never complete their arduous flight north,
or they may be unable to successfully breed
once they arrive.
By the mid-1990s, scientists began to
notice declines in horseshoe crab and shorebird
counts. It is estimated that the horseshoe crab
population in the Delaware Bay has been cut in
half, and counts on some spawning beaches are
down by 90 percent. Although man-made inlets © Heather R. Davidson
and other shoreline alterations have probably
contributed to the problem, the decline in
horseshoe crabs coincided with a dramatic
increase in offshore trawling for the crabs used
Chesapeake Bay produces about 40 percent of the nation’s blue crab harvest
as bait in other fisheries.
but catches have declined in recent years.
The Atlantic States Marine Fisheries
Commission (ASMFC) is an interstate body and parts of six states and is home to more
empowered by Congress to develop uniform than 15 million people. The Chesapeake Bay
management plans for fisheries that span state is also home to more than 3,600 species of
boundaries and to coordinate with federal plants and animals. It is a major nesting
fisheries managers to ensure that interstate ground along the Atlantic Flyway and yields
and federal fisheries management plans dove- half a billion pounds of seafood each year,
tail to the maximum extent possible. The including about 40 percent the U.S. blue crab
ASMFC compact has a powerful compliance harvest. However, the bay is in trouble and
mechanism that allows federal intervention has been for some time.
under certain conditions to enforce an inter- Seagrass beds that provide nursery and
state plan. In 2001, the ASMFC broke new foraging areas for a variety of species cover lit-
ground in ecosystem-based fisheries manage- tle more than 10 percent of their historic area.
ment by limiting the harvest of horseshoe Water clarity, which is important for seagrass
crabs out of concern for the impact of the fish- recovery, is fair to poor in most of the lower
ery on shorebirds that depend on the crabs’ bay. Water oxygen levels remain too low in
eggs during their migrations. many areas to support much life. The oyster
population is only about one percent of its
historic level. The decline of oysters partly
THE CHESAPEAKE BAY PROGRAM
The Chesapeake Bay is the United States’ explains the loss of water quality: oysters feed
largest estuary. Its 64,000-square-mile water- by filtering microscopic plants called phyto-
shed encompasses the District of Columbia plankton from the water. Before their decline,
29
oysters may have been able to clean the entire and shorelines, as well as millions of acres of
volume of water in the Chesapeake Bay every seagrass beds. These habitats provide food and
few days (Newell, 1988). The blue crab popu- shelter for a variety of ecologically, commercial-
lation declined precipitously in the early ly, and recreationally important species.
1970s but seemed to rebound in the 1980s. By the late 1980s, the strain of competing
The recent trend is again downward. uses on the Florida Keys’ marine environment
Concerned with declining water quality was evident. Live coral cover was decreasing
and dramatic die-offs of seagrasses, Congress, and reefs in the northern half of the tract were
in 1983, established the Chesapeake Bay increasingly overgrown by algae. In addition,
Program, whose efforts to reduce nutrient severe water quality problems in Florida Bay,
pollution and restore critical habitats through mainly related to human-induced changes in
a watershed approach have become a model the water flowing from the Everglades, were
studied and emulated worldwide. This volun- devastating seagrass beds. Although physical
tary, cooperative effort among the states com- damage to coral by boats and treasure salvors
prising the bay’s watershed and the federal had long been a concern, several high-profile
government set clear, ambitious goals for ship groundings on the reefs galvanized efforts
restoration. Although the program has not in Congress to protect the Keys, culminating
achieved all of its numerical targets, pollution with the designation of a 2,800-square-nautical-
has been reduced substantially in the face of mile area of the ocean surrounding the Keys as
dramatic population growth—and its accom- a national marine sanctuary in 1990.
panying development—in the region. A recent The Florida Keys National Marine
revision to the program included targets for Sanctuary has substantially improved gover-
habitat protection and reduction of the rate of nance of the marine ecosystems of the Keys
land conversion, thus incorporating land use through the use of ocean zoning. This program
into the watershed equation. relies on cooperation and coordination among
federal and state agencies, involves stakeholders
at all stages of the management process, prac-
THE FLORIDA KEYS
tices adaptive and science-based management,
NATIONAL MARINE SANCTUARY
The reef tract of the Florida Keys is the largest provides opportunities for a variety of human
coral reef within the continental United States activities consistent with conservation goals,
and is the third largest coral reef on the plan- and protects core conservation areas from all
et. It comprises a 220-mile arc of nearly con- extractive or disruptive human activities.
tinuous reef parallel to the Atlantic shore of
the Florida Keys, supporting more than 400 LESSONS FROM THE LAND
species of fish, nearly 40 species of sponges, The failure to conceive of the oceans as the
and more than 80 species of echinoderms. largest component of our public domain, to be
In addition to the well-known reefs, the managed holistically for the greater public good
Florida Keys contain extensive mangrove islands in perpetuity, is perhaps the greatest flaw of U.S.
30
BOX TWO Steve Simonsen/Marine Scenes
MARINE RESERVES
Human activities and natural phenomena constantly
disturb ecosystems. Healthy ecosystems are resilient, in
that they are able to resist and recover from change
following a disturbance. Marine reserves increase
Kip F. Evans/National Geographic Society
ecosystem resilience by protecting a portion of the
ecosystem, providing marine habitats and species a safe
haven in which to flourish.
Protecting a variety of marine habitats within a network of
reserves is vital to protect sea life that moves from one
habitat to another during different life stages. A network of
marine reserves is important to ensure the persistence of
A coral reef biologist counts fish in the individual reserves by providing connectivity among them.
Dry Tortugas Ecological Reserve.
Connectivity and linkages ensure larval dispersal and juve-
The area of the ocean under U.S. jurisdiction protected in nile and adult migration to surrounding reserves.
marine reserves—where all extractive and disruptive activi-
ties are prohibited—is a small fraction of one percent. As a A wide range of choices exists for reserve design and
comparison, 4.6 percent of the land area of the United placement. Advances in mapping, remote sensing, and
States is protected as wilderness. geographic information systems expand the ability of deci-
sion-makers and the public to compare alternatives. Fine-
Although protecting areas on land has been a well-accept- scale ocean monitoring
ed conservation practice for more than a century, reserves and new research tech-
are a relatively new approach to marine conservation. Re- niques that track move-
serves can improve our scientific understanding of marine ment of key species
Kip F. Evans/National Geographic Society
ecosystems and provide enriched opportunities for nonde- enhance our ability to
structive human activities and education. Recent scientific evaluate the health of
studies document that marine reserves can be effective in: marine ecosystems.
These techniques and
s restoring ecosystems and enhancing populations by technologies provide
increasing abundance, diversity, and productivity of marine flexibility in choosing
organisms within reserve boundaries (Figure One, page 34); sites that balance social,
s protecting the structure and functioning of marine economic, and biological
Superintendent of the Florida
ecosystems and habitats; considerations, and allow
Keys National Marine Sanctuary
s replenishing adjacent areas via spillover (dispersal of for effective management
Billy Causey prepares to dive in
juveniles and adults to adjacent areas) and larval export. and evaluation.
the Tortugas Ecological Reserve.
ocean policy. America’s oceans span nearly 4.5 behalf of all citizens of the United States.
million square miles, an area 23 percent larger Our nation’s stewardship of the land,
than the nation’s land area. It is a vast three- though flawed in practice, nonetheless offers
dimensional place over which our federal and useful insights for improving ocean gover-
state governments exercise jurisdiction on nance. To minimize conflicts among public
31
FIG. ONE
Marine Reserves Increase Fish Biomass management procedures.
Around the world, marine reserves have demonstrated the ability to increase fish bio-
Although the organic legislation guiding
mass inside their borders. In most reserves studied, fish biomass doubled within five
years. The larger fish found within reserves also produce more eggs. For example, ling
our public lands is flawed, these laws at least
cod within a reserve in Washington State produced 20 times more eggs per unit area
than cod outside the reserve (Palumbi, 2003). provide a framework within which the cumula-
tive effects of all uses of public lands can be
Map: Jerome N. Cookson; Art: John Michael Yanson
assessed, coordinated, and managed. For
Red Sea
example, the National Forest Management Act
+20% Philippines
Caribbean
Hawaii
requires the federal government to develop
Kenya
+188%
+81%
+132%
+800% New
comprehensive forest management plans on a
Caledonia
Seychelles
+313%
regional basis that take into account the wide
+108%
Chile
South
variety of uses and benefits, including biologi-
+496% Africa
+750%
cal diversity, of our national forests. Although
these plans vary widely in their attention to
biological diversity, this law has improved
Source: Data are from 32 studies summarized by Halpern (2003) that were published in peer-reviewed journals.
forest management overall by establishing a
and private uses of land, there is a well-estab- clear, practicable methodology for assessing
lished and detailed system of zoning on land. and managing forest diversity on the ground
Used properly, zoning spatially segregates where it counts.
incompatible uses while providing predictabil-
ity to landowners about acceptable land uses DEFINING ECOSYSTEM HEALTH
within an area. In addition, we have created a To successfully protect ecosystem health, we
world-renowned system of public parks and must be able to give the concept meaning in
wilderness areas to preserve the benefits of the real world. Extensive review of existing
nature for future generations. With few excep- organic legislation for our public lands has
tions, society has not extended these protec- shown that a major failing has been the lack
tions to the sea (Box Two, page 31). of clear standards against which management
At a workshop in Monterey, California, actions can be measured. Ecosystem health is
the Commission reviewed our nation’s experi- the standard against which actions should be
ence in managing our parks, national forests, measured. The Commission believes that pro-
and other public lands for possible ocean gov- tecting, maintaining, and—where appropri-
ernance models. All the major land compo- ate—restoring that health should be given pri-
nents of the public domain—the National Park ority as multiple, and sometimes competing,
System, the National Wildlife Refuge System, uses are weighed.
the National Forest System, and the public Given the variability among ecosystems,
lands management by the Bureau of Land the inherent variability within a single ecosys-
Management—have “organic acts” guiding tem, and our incomplete knowledge of their
their management. An organic act establishes structure, functioning, and history, it is not
the purposes of the system, its goals, and its possible to write a single definition that speci-
32
fies the elusive state of health for all ecosys- and resilient marine ecosystems, coastal
tems. However, we do know that certain char- economies and entire industries would be
acteristics are indicative of ecosystem health— decimated and our quality of life would be
number of species, populations of major immeasurably harmed.
species, habitat composition, and water quali-
ty, for example. With the help of marine scien- SUMMARY OF RECOMMENDATIONS
tists, the parameters and the range of their val- 1. Enact a National Ocean
ues that are indicative of a healthy state for Policy Act (NOPA).
each marine ecosystem can be established. Congress should enact a National Ocean Policy
This approach has not been widely used Act requiring federal, state, and territorial agen-
in the oceans, but precedent exists on land. To cies to protect, maintain, and restore marine
implement the National Forest Management and coastal ecosystems, and reorienting nation-
Act, the U.S. Forest Service has established al and regional decision-making bodies to these
detailed procedures for identifying and monitor- ends. This legislation should provide clear and
ing indicators of ecosystem health for each measurable goals and standards to govern activ-
management region. The forest service focuses ities affecting the oceans, establish mechanisms
mainly on maintaining “viable populations” of to ensure compliance with the national policy,
indicator species (whose well-being is consid- and establish national and regional institutions
ered indicative of overall ecosystem health). In capable of carrying out that policy.
the oceans, this approach could be expanded to
include other environmental quality parameters, 2. Establish regional ocean
bringing the essential task of ecosystem-based ecosystem councils.
management within practical reach. As part of the National Ocean Policy Act,
Congress should establish regional ocean
ecosystem councils consisting of appropriate
OCEAN GOVERNANCE
federal, state, and tribal representatives. These
21ST
FOR THE CENTURY
Once considered inexhaustible, the fish and councils should be charged with developing
other living resources of the sea are succumb- and overseeing implementation of enforceable
ing to the onslaught of our numbers and our regional ocean governance plans to carry out
technology. But change is coming in the way the national policy to protect, maintain, and
we use our oceans, if only because the oceans restore marine ecosystems. To be enforceable,
are changing in response to our actions. plans must include performance goals and indi-
To be effective, ocean governance must cators, must be binding on all parties, and must
break the cycle of unsustainable marine meet federal standards established under the
resource use by making the shift to long-term National Ocean Policy Act. The geographic
economic and environmental thinking. extent of authority for each regional ocean
Maintaining the health of marine ecosystems council should be specified by statute. Each
is in our national interest. Without productive regional ocean council should establish perma-
33
nent advisory committees to obtain the views s Chesapeake Bay Program and the National
and advice of fishermen, scientists, environmen- Estuaries Program of the Environmental
tal organizations, local government, the public, Protection Agency;
and others with an interest in ocean resources. s aquaculture programs for marine species
The regional ocean ecosystem from the Department of Agriculture;
councils should utilize ocean zoning to s shoreline protection and estuarine restoration
improve marine resource conservation, activities of the Army Corps of Engineers.
actively plan ocean use, and reduce user
conflicts. Ocean zoning should allow for the The national oceans agency will be
protection of key habitats or resources while responsible for ensuring compliance with the
facilitating a variety of human activities. National Ocean Policy Act, chairing the
regional ocean ecosystem councils, providing
3. Establish a national technical and financial assistance to the coun-
system of marine reserves. cils, and reviewing and approving regional
Congress should enact legislation mandating the ocean governance plans.
establishment of a national system of marine
reserves to protect marine ecosystems, preserve 5. Establish a permanent
our national ocean treasures, and create a lega- interagency oceans council.
cy for our children. Congress should authorize Congress should enact legislation establishing
regional ocean ecosystem councils to create a permanent national ocean policy council
marine reserves within the areas of their juris- within the Executive Office of the President.
diction but should itself take action to protect The head of the national oceans agency
areas of national significance. should chair the national council. Its
membership should be specified by law to
4. Establish an independent include the heads of federal departments or
national oceans agency. agencies whose activities have a significant
Congress should establish an independent effect on the oceans. Council duties would
agency outside the Department of Commerce include coordinating and overseeing agency
to address the national interest in the oceans implementation of the National Ocean Policy
and atmosphere. This agency should consoli- Act, resolving interagency disputes regarding
date under one roof as many federal ocean NOPA implementation, and coordinating and
programs as is practical. At a minimum, the certifying agency ocean budgets to address the
agency should consist of the programs of the national ocean policy. To assist the President
s current National Oceanic and Atmospheric and the national ocean policy council in
Administration as well as the ocean miner- carrying out NOPA, a position of national
als, marine mammal, and seabird programs oceans adviser should be established within
of the Department of the Interior; the Executive Office of the President.
34
Chapter Three
RESTORING AMERICA’S FISHERIES
Lobster buoys in York, Maine
Deb Antonini/Pew Oceans Commission
From Moby Dick to The Perfect Storm, the Master, I marvel how the fishes live in the sea.
drama and the lore of fishermen’s lives is Why, as men do a-land: the great ones
embedded in America’s consciousness, and its eat up the little ones.
place is well deserved. Fishing is our oldest William Shakespeare
Pericles, Act 2, Scene 1
industry and has been a way of life since Native
Americans first lived along our prolific coasts.
The fishermen’s heritage has enriched the social, and hikers value land-based wildlife, divers,
cultural, and economic life of our nation. snorkelers, and whale-watchers are passionate
Fishing figures prominently in both the about oceanic wildlife. These nature lovers
national and regional economies. Commercial are the heart of a large and growing marine
fishing is a multibillion-dollar industry tightly ecotourism industry.
connected to the global economy. In 2001, the The multidimensional uses of our
domestic commercial seafood industry con- marine wildlife reveal a national public inter-
tributed 28.6 billion dollars to the U.S. gross est in maintaining healthy marine ecosystems.
national product and American consumers ate
an average of 15.2 pounds of seafood per per- THE NATURE OF THE PROBLEM
son (NMFS, 2002a). Fishing is the number one Many of those ecosystems and the fishing her-
employer in Alaska, which typically commands itage they support are now at risk. As Theodore
close to half the total annual U.S. commercial Roosevelt IV told the Commission (Roosevelt,
fish landings. Around the coasts, fishing is the 2001), “We may be seeing the last great buffalo
backbone of the economy and culture for hunt taking place on the world’s seas.”
many coastal communities. The principal problem is that we catch
Fishing-related activities grease the too many fish, and far too quickly, for nature
engine of coastal tourism. Recent estimates to replace. Currently, we know of 93 U.S. fish
indicate more than 17 million marine recre- populations that are already overfished or that
ational fishers spend approximately 25 billion are currently being fished at unsustainable
dollars per year on fishing-related activities rates—nearly a third of the 304 fish popula-
and products (NRC, 1998). Recreational fish- tions that scientists have assessed (NMFS,
ing is important to the economies of California 2002b). The majority of the already overfished
and the South Atlantic and Gulf coast regions, populations are still being fished unsustain-
particularly Florida. ably, frustrating rebuilding efforts. The status of
Across the country, the Commission another 655 populations, including 120 major
heard as well about a broader public interest stocks (those with landings of at least 200,000
in wild fish populations. Just as bird-watchers pounds of fish a year) is unknown (Dayton et
35
al., 2002), and new assessments are expected Bocaccio and canary rockfish are less than
to show even more overfished populations in 10 percent of their historic numbers. Commonly
need of rebuilding (NMFS, 1999; Figure One). sold in restaurants as Pacific red snapper, bocac-
In addition to overfishing, wasteful cio was once the dominant rockfish species
bycatch, the destruction of fish habitat, and caught by commercial trawl fishers on the West
fishing-induced changes in marine food webs Coast. At the height of the fishery in the late
are diminishing the ocean’s biodiversity and 1970s, more than 11,000 metric tons of bocac-
altering marine ecosystems. Marine animals cio were landed a year. By 2001, the catch had
currently considered at risk of extinction dropped to 214 metric tons. The 2002 stock
include northern right whales, the Hawaiian assessment recommends a catch of 0 to 20
monk seal, the Pacific leatherback turtle, sev- metric tons (MacCall and He, 2002). Biologists
eral species of California abalone, and about predict it will take 90 years or more for the
82 marine fish populations in North America, stock to recover if all fishing for bocaccio is
including Atlantic salmon, bocaccio, and halted, including those caught accidentally.
barndoor skate (Dayton et al., 2002). Even before the closure, the Secretary of
Fishing has contributed to large changes Commerce had declared the West Coast
in coral-reef ecosystems in the Caribbean, and groundfish fishery a “disaster,” leading
to significant changes in community structure Congress to appropriate 5 million dollars for
in the ecosystems of the Bering Sea off Alaska, assistance. Now the livelihoods of an estimat-
Georges Bank off New England, Chesapeake ed 1,200 to 1,800 commercial fishing-boat
Bay, and elsewhere (NRC, 1999). The tragic operators are in jeopardy. An untold number
irony is that the benefits we so value from our of recreational fishermen and charter boat
fisheries depend on the very biodiversity and operations will also be affected.
ecosystem productivity that unsustainable fish- The West Coast rockfish collapse is
ing practices threaten. reminiscent of earlier disasters: the collapses
of California’s Monterey-based sardine fishery
and New England’s cod population, both of
A PATTERN OF OVERFISHING
In September 2002, West Coast fishermen faced which are still struggling to recover. And prior
a new reality when they learned that severe to the cod debacle, Atlantic halibut were so
heavily overfished in the 19th century that
restrictions would be placed on bottom fishing
on much of the continental shelf from Canada they have never recovered. Once thought
to Mexico. The Pacific Fishery Management impossible, we now know that we can push
Council implemented the strictest regulations in marine fish to the edge of extinction (Musick
the history of West Coast fishing in a final-hour et al., 2000).
attempt to save rockfish. Of course, not every fishery ends in
The status of four rockfish species drove collapse. Although no region is immune to
the decision: bocaccio, canary rockfish, dark- problems, fisheries have generally fared better
blotched rockfish, and yelloweye rockfish. in Alaska, which takes a more conservative
36
FIG. ONE
Status of Marine Fish Stocks
The U.S. Department of Commerce listed 959 stocks in its 2001 Annual Report to Congress on the Status of U.S. Fisheries.
The data in the pie charts below are drawn from information in the annual report.
*Major stocks are those with landings of at least 200,000 pounds.
In 2001, 295 major stocks produced the majority of landings,
totaling more than 8 billion pounds, compared with 9 million
pounds from 664 minor stocks.
Lucidity Information Design, LLC
37
BOX ONE Steve Simonsen/Marine Scenes
FISHING WITHOUT A PLAN: THE DOWNWARD SPIRAL OF THE SPINY DOGFISH
A small shark known as spiny dogfish is one of the fallen 80 percent by 2000. Scientists realized that the
most recent victims of unregulated fishing. Netted and stock and the 8-million-dollar fishery it supported
hooked in New England waters and off the mid- were in imminent danger of collapse. It took anoth-
Atlantic coast, most of the dogfish catch is exported to er two years before the Secretary of Commerce
Great Britain for fish and chips. Slow to reach sexual implemented a plan to establish a significantly
maturity, dogfish are very susceptible to overfishing. reduced fishing quota and begin rebuilding the
overfished stock.
For 10 years, the fishery operated without a Fishery
Management Plan. Between 1987 and 1996, commer- Alaska, California, and Maine—along with several
cial fishing for spiny dogfish had increased catches countries worldwide—have adopted emerging fishery
nearly tenfold and recreational fishing increased policies to prevent fisheries from operating without
threefold. Because the industry targets females (they management plans (see emerging fishery recommen-
grow faster than males), the female population had dation on pages 110–111 in Chapter 11).
approach to fishing. For federal fisheries off ery of Atlantic striped bass demonstrates what
Alaska, a planning team of scientists recom- can be achieved through aggressive single-
mends acceptable catch levels to a Scientific species management techniques. Bottom trawl
and Statistical Committee, which reviews closures to protect high-relief living habitat
them and makes recommendations to the fish- essential for juvenile red king crab were
ery management council. The council allo- instrumental in the 1990s recovery of the red
cates this allowable catch among the fishery king crab fishery in Bristol Bay, Alaska (Ackley
participants, and it has very rarely raised a and Witherell, 1999). More recently, due to
catch level above the scientists’ advice. aggressive efforts in New England, cod stocks
The San Francisco Bay herring fishery are starting to show signs of rebuilding. Strict
and the International Pacific Halibut catch limits and other measures are allowing
Commission are also frequently noted as more summer flounder and scup to recover off the
successful management models. mid-Atlantic states.
Unfortunately, experience reveals these exam- Though the occasional recovery offers
ples are the exception rather than the rule. All hope, the Commission is convinced that we
too often, it is not until overfishing has must prevent overfishing in the first place.
occurred that effective constraints on fishing Scientists at a Commission workshop in Seattle
are applied or, in some cases, that manage- described new studies that suggest fish popula-
ment plans are implemented at all (Box One). tions are less resilient than once believed and
In some cases, strict management and that recovery of depleted populations may take
favorable circumstances can allow fish popu- longer than expected (Figure Two). One study
lations to recover from overfishing. The recov- analyzed 90 populations that declined 13 to
38
FIG. TWO
99 percent over a 15-year period. Fifteen years
The Challenge of Rebuilding
after these initial declines, 12 percent of the
Overfished Stocks
populations for which data was available had 0 25 50 75 100 125
TA R G E T
recovered but 40 percent had experienced no BIOMASS (%)
recovery at all. All of the species that had fully
recovered were fish that mature quickly, such as GULF OF MAINE
COD
herring and sprat. Prized fish, such as cod and
haddock, had not recovered (Hutchings, 2000).
GEORGES BANK
COD
EXCESS FLEET CAPACITY
The Bering Sea crab fleet now numbers
GEORGES BANK
around 250 boats, and many believe the fleet HADDOCK
has up to five times the fishing power needed
to catch available crabs. As far back as 1991, GULF OF MAINE
HADDOCK
overcapacity had shortened the fishing season
for Bering Sea red king crab into a dangerous
seven-day scramble. Managers can have a dif- GEORGES BANK
YELLOWTAIL
FLOUNDER
ficult time assuring that catches stay within
safe limits under these circumstances.
This type of fishing fleet overcapacity SOUTHERN
NEW ENGLAND
often goes hand in hand with overfishing. But YELLOWTAIL
the situation is not merely one of “too many
boats chasing too few fish.” Excess fish-catch- WITCH
FLOUNDER
ing capacity, or fishing power, is a combined
result of the number of boats, their size, and
Art: John Michael Yanson
their enhanced technology.
GEORGES BANK
New technology has made it hard for fish WINTER
FLOUNDER
to hide and has vastly increased fishing effi-
ciency. Geographic information systems and
other computer technology have increased our Once abundant off New England’s coast, many groundfish have been
depleted and have only recently begun to rebuild under aggressive
ability to locate schools of fish we previously conservation measures. Though their populations are on the rise,
many have a long way to go before they recover. The famed Georges
could not “see.” Boats today have larger, Bank cod population, for instance, is estimated to be less than a third
of the size it was just 20 years ago. Most of the major New England
stronger, and heavier gear capable of fishing in
groundfish stocks are currently below their target population levels,
previously inaccessible areas. New rockhopper and many are far from approaching the population abundance (target
biomass) that would support maximum sustainable yield.
gear and bigger roller gear allow bottom trawl
Source: NEFSC, 2002.
nets to hop, roll over, and crush complex bot-
Note: The eight species in this graph were selected from the NEFSC
tom habitat where previously gear would snag report because they are the principal species listed in the NMFS 2001
Annual Report to Congress on the Status of U.S. Fisheries and the
and become damaged or lost. Our technology species whose status is known.
39
is simply outstripping natural obstacles and the the high-valued stocks become depleted has
ability of fish to replenish. propped up commercial fishery landings,
Even where fish populations appear to masking the broader influence of fishing on
be healthy, fleet overcapacity can weaken fish- marine ecosystems.
ermen’s social and economic situations. This serial overfishing is related to a
Accelerating competition for increasingly phenomenon known as fishing down the food
scarce resources produces chronic economic web. Large-bodied, top carnivore species such
instability and lowers fishermen’s net incomes. as tuna, swordfish, salmon, and many sharks,
This can lead to severe conflict in the alloca- are prime targets for fisheries. Serious deple-
tion process and continuous pressure to tion of their populations is thought to destabi-
increase allowable catches. Excess fleet lize the rest of marine food webs, and, thus,
capacity can also generate a dangerous and entire ecosystems. Further disruption is likely
environmentally damaging race for fish, which when depletion of these top carnivore species
weakens regulatory efforts. results in fishing down the food web (i.e.,
Because access to fisheries has largely intense fishing pressure shifting to mid-trophic
been free and open and the government has and finally low-trophic species). This phenom-
subsidized the development of a domestic enon causes additional disruption as succes-
fishing fleet, the amount of capital and labor sively more and more of the ecological checks
in many U.S. fisheries exceeds that needed to and balances in a system are removed.
take ecologically sustainable catches and pro- The consequences of this disruption can
vide economically viable fishing operations be severe. Diversified food webs with suffi-
for many fishermen. The economic system cient population sizes at all trophic levels
supporting fishermen is only as strong as the allow predators to switch among prey as the
ecosystem supporting fish. abundance and mix of species in a system
naturally fluctuates. Overfishing of top-trophic
species and subsequently mid- and low-troph-
FISHING DOWN THE FOOD WEB
The decline of one fish population often trig- ic species removes this natural benefit of bio-
gers the development of fisheries for new diversity by gradually disrupting and truncat-
species. Fishermen in New Hampshire told the ing trophic relationships. This leads to unpre-
Commission about how the government dictable changes, such as increased disease
encouraged them to direct their fishing effort outbreaks and the proliferation of previously
to new stocks such as spiny dogfish—previ- suppressed pests and weedy species. Thus,
ously considered a low-value “trash” fish— fishing down the food web may hinder
after highly prized cod, haddock, and yellow- recovery of depleted populations even after
tail flounder stocks were overfished. Ten years recovery plans are in place (Pauly et al., 1998;
of largely unregulated fishing then overfished Pauly et al., 2002).
spiny dogfish. Shifts to fishing new, usually Serial overfishing and fishing down the
low-valued species, such as spiny dogfish, as food web reduce the populations and sustain-
40
FIG. THREE
Fishing directly affects the abundance of marine fish populations (harvest mortality) as well as the age of maturity, size structure, sex ratio, and
genetic makeup of those populations. Fishing affects marine biodiversity and ecosystems indirectly through bycatch, habitat degradation, and
through biological interactions (incidental mortality). Through these unintended ecological consequences, fishing can contribute to altered ecosys-
tem structure and function. As commercially valuable populations of fish decline, people begin fishing down the food web, which results in a
decline in the mean trophic level of the world catch.
Ecosystem Overfishing
FISHING
BYCATCH
PHYSICAL IMPACT •Economic discards
OF FISHING GEAR •Regulator y discards
•Collateral mor tality
HARVEST INCIDENTAL
MORTALITY MORTALITY
Habitat Discarded
Modification or Bycatch and Of fal
Destruction
DEC
LIN
E IN
MEA
N TROP
HIC LE
VEL
BIOLOGICAL INTERACTIONS
•Predator-prey interactions
•Competitive interactions
•Changes in marine food webs
Art: John Michael Yanson
ALTERED ECOSYSTEM STRUCTURE AND FUNCTION
Source: Adapted from Pauly et al., 1998; Goñi, 2000.
ability of entire assemblages of fish popula- the same fish. Scientists attending the
tions—not just a few economically valuable Commission’s fishery management workshop
populations. Together, they can cause major in Seattle, Washington, reported that these
ecosystem disruption (Figure Three). types of competitive interactions are poorly
accounted for in current management regimes
(POC, 2002).
FISHING AND MARINE ECOSYSTEMS
Fishing affects marine wildlife other than At the Commission’s public hearing in
targeted fish in a variety of ways. Humans Alaska, citizens described how litigation drove
share the oceans and the fish with marine changes in management to reduce the potential
mammals, seabirds, and other wildlife. We for competition between fisheries and Steller
can often outcompete these animals for sea lions. Similar situations exist elsewhere. In
41
New York, the Commission heard how public species composition, abundance, diversity,
pressure drove changes in the mid-Atlantic and the productivity of associated marine life
horseshoe crab fishery to ensure that migrating (NRC, 2002; Auster, 2001; Watling, 2001).
shorebirds would have enough horseshoe crab Destruction of bottom habitat features used by
eggs to consume. adults for foraging or spawning may also hin-
Because U.S. fisheries depend on wild der recovery of overfished populations (Koenig
fish populations, they also rely on productive et al., 2000).
and resilient ecosystems to support those pop- The total extent of habitat destruction by
ulations. All marine wildlife has evolved and fishing gear is unknown. However, we do
adapted to coexist with competitors, as prey know its extent is far greater and it occurs
and predators in functioning ecological com- more frequently than do most natural distur-
munities. To thrive, wildlife also needs healthy bances (reviewed in Dayton et al., 2002). A
habitat for living space and adequate food typical section of northern California’s seafloor
resources on which to subsist and raise young. is trawled an average of one and a half times
per year with other areas trawled as often as
three times per year. Areas of New England’s
HABITAT DEGRADATION AND ALTERATION
From rain forests to the Florida Everglades, Georges Bank are trawled three to four times
people are generally aware of the danger that per year. Adverse effects caused by these prac-
habitat loss poses to wildlife on land, where it tices can be both chronic and cumulative,
is a leading cause of extinction. Habitat loss is leading to reductions in biodiversity with
also a danger in the seas. potentially broad adverse effects on ecosystem
Fishing gears such as bottom trawls and function (reviewed in Dayton et al., 2002).
dredges can damage the physical structure of
marine habitats as they scrape or plough the BYCATCH
seafloor. Three-dimensional structures built up Bycatch also takes a toll on marine life and
over centuries can be crumpled with the ecosystems when fishermen accidentally catch,
swipe of a dredge. Sponge reefs, oyster beds, injure, and kill marine life they do not intend or
and coral colonies—living reefs as well as want to capture. Scientists estimate that fisher-
forests of fossilized coral—are vulnerable. So, men discard about 25 percent of what they
too, are boulder fields and seamounts that catch worldwide (reviewed in Dayton et al.,
provide shelter for juvenile fish. Even the 2002; Figure Four). If the same discard rate
ocean sediment, with its complex communi- occurs in U.S. fisheries, some 2.3 billion
ties of burrowing fish, worms, and other inver- pounds of marine wildlife would have been
tebrates, can be altered in ways that affect tossed—injured or dead—back into the oceans
marine ecosystems. in 2000. Leading experts say that bycatch is one
As the Commission heard from a num- of the most significant environmental and
ber of scientists, mechanized harvesting that economic problems affecting marine fisheries
reduces habitat complexity can change today (Hall et al., 2001; Hall, 1999).
42
FIG. FOUR
Bycatch contributes to overfishing,
Bycatch
prolongs population recovery, and contributes
to conflict among user groups. As Chris H ARE DI
F FIS SC
O AR
DS
Dorsett, formerly with the Gulf Restoration DE
UN
PO
Network, explains, “Two of the most valuable
D
EV
N
LIO
fisheries in the Gulf are always at each other’s
ER
Y YE
2.3 BIL
throats because shrimp trawls catch too many
AR
juvenile red snapper as bycatch. We could
stop all directed catches of red snapper tomor-
row and they still wouldn’t bounce back in the
near future unless juvenile mortality from
shrimp trawling is reduced significantly.” The
25%
H
FIS E
D
Commission’s investigation led it to conclude O
C A F TOTA L A R D
T C H DI S C
that marine fisheries will remain on the tread-
mill of overexploitation until bycatch is
effectively limited.
Bycatch is also a serious concern for
noncommercial marine wildlife. Dramatic
declines of leatherback sea turtles, blue mar-
lin, smalltooth sawfish, and the barndoor skate
suggest that, in extreme cases, bycatch may be Art: John Michael Yanson
the leading reason a species is in jeopardy Bycatch is the incidental catching, discarding, or damaging of living marine
resources when fishing for targeted species. Though there is no comprehen-
(reviewed in Dayton et al., 2002). Bycatch sive estimate of bycatch in U.S. marine fisheries, globally it is estimated that
60 billion pounds of unwanted fish were discarded each year during the
poses the most significant threat to U.S. sea 1980s and early to mid-1990s—representing 25 percent of the world’s
catch. If that rate occurs in U.S. fisheries, then the total landings of 9.1 bil-
turtle populations, all six of which are either
lion pounds in 2000 would have been accompanied by about 2.3 billion
threatened or endangered (Hall, 1999; NRC, pounds of discards (with a range of 1.7 billion to 3.3 billion pounds).
Because discards represent only a portion of the total bycatch, the total
1990). It has also seriously depleted a number amount of life accidentally captured and killed in fishing operations could
exceed these discard estimates. Bycatch is a major factor in the significant
of marine mammal populations, such as dol- decline of many marine mammal populations, most species of sea turtles,
several species of albatross, and several skates and rays.
phins in the eastern tropical Pacific Ocean,
Source: Dayton et al., 2002.
and concern about its impact on seabirds is
increasing. Most harmful to seabirds are the ty, and resilience of marine ecosystems on
effect of longline bycatch on albatrosses, which economically valuable species and fish-
petrels, and shearwaters and the effect of gill eries depend. Breaking the cycle of overfishing
nets on shearwaters and auks (reviewed in requires a shift in perspective and manage-
Dayton et al., 2002) ment techniques. Sustainable management of
Together, the unintended consequences wild capture fisheries will require incorporat-
of overfishing, bycatch, and habitat degrada- ing and applying ecosystem principles in fish-
tion can alter the very biodiversity, productivi- ery management (Box Two, page 44).
43
BOX TWO Steve Simonsen/Marine Scenes
ECOSYSTEM-BASED FISHERY MANAGEMENT
The need to shift to ecosystem-based management be balanced between fish for human consumption and
has become a common mantra within the last five fish for the rest of the ecosystem;
s ecosystems are complex, adaptive systems.
years (NRC, 1998), and it is often misunderstood.
Ecosystem-based management does not require that
we know everything about marine ecosystems or the Ecosystem-based management requires that we
effects of fishing upon those systems. It also does reconsider what is meant by “overfishing.” We need
not require that we know much more than we cur- to get away from traditional, problematic maximum
rently do, at least to start. Nor does it mean a whole- sustainable yield and surplus-production models to
sale and immediate abandoning of all single-species consider the level of fishing that has detrimental
management techniques. effects in the ecosystem, even though it may not have
an adverse effect on a particular target species
Ecosystem-based management entails developing (Murawski, 2000). Flexible, adaptive management that
a new perspective that acknowledges and incorporates new knowledge and provides some
understands that level of insurance for unpredictable and uncontrol-
s there are limits to our knowledge; lable events embodies ecosystem-based manage-
s marine ecosystems are inherently unpredictable; ment. However, ecosystem-based management is not
s ecosystems have functional, historical, and evolu- a substitute for single-species management. Instead,
tionary limits that constrain human exploitation; it should be implemented to augment the best of
s there is a fundamental trade-off in fishing that must single-species management techniques.
FRAYED NET OF GOVERNANCE than sustaining natural systems that support
In many ways, the crisis in marine fishery and enhance wild fish populations. Although
management is a crisis of governance. The authority to sustain fishery resources exists
Magnuson-Stevens Fishery Conservation and within the law, it has been overwhelmed by
Management Act (Magnuson-Stevens Act) pro- the drive to maximize catches. As a result, sin-
vides the broadest articulation of American gle-species management techniques, the
marine fisheries policy and the basis of some desire for short-term profits over sustainable
aspects of state and interstate fishery manage- long-term income, and advances in technolo-
ment regimes. Originally crafted in 1976, the gy have driven fishery conduct.
law is based upon what we now understand to Second, the management structure and
be outdated principles. Though the law was process suffer from regulatory capture, a state
strengthened in 1996, underlying structural of affairs in which government regulators (in
and systemic problems remain. this case, fisheries managers) have come to
Three fundamental problems afflict the believe that their role is to defend the interests
Magnuson-Stevens Act. First, its management of the regulated community rather than
regime emphasizes short-term commodity pro- promote the public interest. Resource users—
duction, revenues, and employment rather principally commercial interests—drive
44
management decisions. They exercise power The current system also relies on scientific
through eight regional fishery management uncertainty to justify risk-prone decisions
councils that were originally established to (Rosenberg et al., 1993; Hanna, 1998). Fishery
assure that management would be tailored to after fishery has foundered on the shoals of
regional differences and local needs. In prac- this approach.
tice, resource users dominate the councils’ Today, productive ecosystems, and the
voting memberships. fishing industries and communities that
The law establishes the councils as the depend upon those ecosystems, are in a dan-
lead managers to formulate fishery-manage- gerous state of decline. Increased scientific
ment policy applicable to their region. In prac- understanding has revealed that fishing can
tice, councils make both conservation (How profoundly affect biodiversity and marine
much should be caught?) and allocation (Who ecosystems. This knowledge is shifting societal
gets to catch it?) decisions. This often leads to attitudes about exploitation of living marine
short-term allocation considerations overriding resources. An adjustment in the principles,
long-term conservation imperatives needed to laws, and institutions governing marine fish-
ensure a sustainable fishery. Thus, councils eries is required to reflect the needs and
avoid making tough decisions about limiting understanding of this new era.
who can fish and how much they can catch.
The Commission’s investigation has iden-
tified no other publicly owned American natu-
ral resource managed through a process that
allows resource users to decide how much of
the public resource can be taken for private
benefit. In the majority of fisheries examined
by the Commission, this system has created
nearly insurmountable obstacles to managing
the resource for sustainable catches and for the
broad public benefit over the long term.
Third, the law codified an open access,
laissez-faire approach. This fosters a reactive
Ron Niebrugge/wildnatureimages.com
management philosophy that focuses more on
day-to-day fishing needs than on restoring and
maintaining sustainable resources for the
future. The emphasis on producing commer-
cial commodities overwhelms the kind of
management that would more effectively limit
the taking of commercial species and protect
The oceans provide many benefits that cannot be easily measured,
noncommercial species and critical habitats. such as time spent between a parent and a child.
45
TOWARD REFORM The limited success of the SFA under-
As conservation needs have become more scores the need for more far-reaching reform.
apparent, the government has taken steps to The fact that restoring ecosystems and fish
reform the law and its implementation. The populations could create tens of thousands of
Sustainable Fisheries Act of 1996 (SFA) amend- family-wage jobs and substantially boost our
ed the Magnuson-Stevens Act, requiring actions coastal economy suggests such reform is well
to stop overfishing, rebuild depleted popula- worth the effort. The National Marine Fisheries
tions, minimize bycatch, and protect habitat Service (NMFS) estimates that the nation could
from harmful fishing gear while minimizing eco- increase fish catches by 64 percent above
nomic harm to fishing communities. However, recent yields—or an additional 6.9 billion
the reforms neither clarified ambiguous, outdat- pounds per year—by restoring populations and
ed management objectives nor lessened or natural systems. These increased annual catch-
removed the problem of regulatory capture. es could add at least 1.3 billion dollars to the
They also left in place the open access, laissez- U.S. economy (McCallum, pers. comm.). If we
faire management presumption. Many of the want marine fish populations to continue to
reforms that were passed have not yet been provide the ecological, social, cultural, and
implemented, seven years after the fact. economic benefits we cherish, the U.S. must
chart a clearer course, reorder institutions, and
change the underlying incentives to protect
biodiversity and marine ecosystems.
SUMMARY OF RECOMMENDATIONS
Congress should amend the Magnuson-
Stevens Act and other applicable fisheries laws
to codify the following recommendations as
national marine fishery policy:
1. Redefine the principal objective of
Dave Bjorn/Photo Resource Hawaii
American marine fishery policy to protect,
maintain, and restore marine ecosystems.
The principal objective of fishery management
should be to protect the long-term health and
viability of fisheries by protecting, maintain-
ing, and restoring the health, integrity, produc-
An estimated 17 million marine recreational fishermen
tive capacity, and resilience of the marine
across America, including these in Hawaii, depend on
fish for subsistence and recreation. Altogether, they ecosystems upon which they depend. The
spend approximately 25 billion dollars per year on fish-
objective should apply to all U.S. ocean
ing-related activities and products (NRC, 1998).
46
waters. In cases of conflict between this fisheries, such as bycatch and habitat dam-
objective and short-term social or economic age, must be managed and mitigated as a
needs, or in cases where information is uncer- condition of fishing. Before fishing begins,
tain or inconclusive, the need to protect, the government should determine where and
maintain, and restore these features of marine when the fishing shall occur, how much
ecosystems should always be the top priority. exploitation is acceptable, and how the fish-
ing should be conducted. The government
2. Separate conservation and should make these decisions only after con-
allocation decisions. sidering how the entire ecosystem that sup-
There should be a clear separation between ports the fishery—not just the target species—
conservation and allocation decisions in the will be affected by fishing. For new fisheries,
fishery-management planning process. The pur- this requires enactment of an emerging fish-
pose of this change is to assure that ecological eries policy. Plan implementation should
sustainability takes precedence over short-term incorporate comprehensive zoning to parti-
economic or political considerations. tion planned areas into sections designated
Conservation and allocation decisions are for specific uses.
discrete processes that require different
management skills and different types of 4. Regulate the use of fishing gear that
decision-making organizations. Conservation is destructive to marine habitats.
decisions should be made by NMFS, or a Fishing gear should be approved for use
revamped fishery service within a new national subject to a zoning program. The program
oceans agency. They should be based upon should designate specific areas for bottom
recommendations from regional science and trawling and dredging if scientific information
technical teams composed of federal, state, indicates that these activities can be conduct-
and academic scientists. Conservation deci- ed without altering or destroying a significant
sions should precede and remain unchanged amount of habitat or without reducing biodi-
by allocation decisions, with one exception: versity. Zones not designated suitable for
allocation decision-makers may adopt more these purposes should be closed to bottom
conservative policies than those set in the con- trawling and dredging. Sensitive habitats as
servation planning process. Regional fishery well as areas not currently trawled or dredged
councils should take the lead on allocation should be closed to such use immediately.
decisions subject to final approval by NMFS. Gear modification and conversion programs,
with funding provisions, should accompany
3. Implement ecosystem-based the new zoning regime. Funding should also
planning and marine zoning. be provided for research into possible ways to
Fishing should not proceed in the absence of reduce habitat impacts of bottom trawls and
an approved plan. Core problems in existing dredge gear.
47
5. Require bycatch monitoring and Reduction Teams that is subject to
management plans as a condition of fishing. statutory standards.
Bycatch monitoring and minimization plans
should be approved before the commence- 6. Require comprehensive access and alloca-
ment of fishing. The statutory goal of these tion planning as a condition of fishing.
plans should be to reduce bycatch to levels Regional fishery councils should develop allo-
approaching zero. Individual bycatch quotas cation plans, before the commencement of
for valuable fish species (except threatened fishing, that limit access and allocate catch in
and endangered species) appear to provide a manner consistent with conservation goals.
the most rational approach to managing At a minimum, each plan should: (1) help
toward that goal. Conservative catch quotas match the size of fishing fleets and their catch-
should be set for species, accounting for ing capacity to the health of exploited popula-
intended and unintended catch. Fishermen tions and their ecosystems; (2) manage fishing
should be allowed to keep fish they catch effort with privileges, such as total allowable
within conservative limits, rather than being catches, that control exploitation of fish popu-
forced to discard and waste one species lations within ecologically safe limits; and (3)
because they are in a target fishery for anoth- allocate privileges in a manner that properly
er. A plan should be developed for each aligns incentives, allows for the orderly opera-
fishery, using a stakeholder process modeled tion of a fishery (e.g., individual or community
on the Marine Mammal Protection Act Take fishing-quota programs), and maintains flexi-
bility, resilience, and adaptability within the
industry and fishing communities.
7. Establish a permanent fishery conservation
and management trust fund.
A permanent trust fund for marine fisheries
should be available, without appropriation or
fiscal year limitation, solely for the purposes
of improving fishery research, data collection,
© 2003 Norbert Wu/www.norbertwu.com
management, and enforcement; for habitat
restoration; and—in the first 5 to 10 years of
operation—for transitional buyback and com-
munity-development programs. Potential rev-
enue sources include revenues generated by
royalty payments on landed catch (e.g., royalty
payments collected as part of an individual or
A sea turtle is caught in a trawl net off the coast of Florida.
Although steps have been taken to reduce mortality in the shrimp community fishing quota auction process) and
fishery, accidental capture in fishing operations remains the most
fees collected from fines and other penalties.
significant threat to U.S. sea turtle populations.
48
Chapter Four
PRESERVING OUR COASTS
Miami Beach, Florida
Cameron Davidson/Stock Connection
THE NATURE OF THE PROBLEM In Louisiana, the issue is not whether we live on the
Throughout history, the coast—the place coast. In a sense, everyone lives on the coast. For
where land and rivers meet the sea—has been hundreds of years, we all have lived and worked on
an area of astounding biological abundance. the fingers of rivers and bayous. In between those
Diverse and unique habitats and abundant fish waterways has been the natural protection of
and other wildlife have graced our coasts. swamp and marsh. The loss of this marsh will incre-
Even Americans who live far inland reap the mentally destroy the economy, culture, ecology,
coasts’ benefits when they dine on succulent and infrastructure of this state and this region.
saltwater fish or visit the ocean shores. King Milling, President, Whitney National Bank
An excerpt from Mr. Milling’s testimony at the
In the United States today, our coasts
Pew Oceans Commission Public Hearing,
are deceptive in their beauty. Surface appear- New Orleans, Louisiana, March 15, 2002
ances mask a crisis that extends from upper
watersheds to depleted offshore coral reefs. of the nation’s land area. As a result, popula-
The problem, simply put, is that we are loving tion density along the coasts is about five
our coasts to death. times the national average. The latest census
Today, more than half the population of data indicate that this population
the United States lives in coastal counties. will increase by another 20 percent by 2015
Yet, these counties comprise just 17 percent (Beach, 2002), as some 3,600 people move
to the coasts each day.
Permanent residents
are not the only source of
pressure on coastal ecosys-
tems, for the beach is a
favorite destination.
Tourism is the second largest
contributor to the U.S. gross
© Streano & Havens/Stock Connection
domestic product and coastal
tourism and recreation
account for 85 percent of all
tourism revenue (NOAA,
1999). In California alone,
coastal tourism is valued at
nearly 10 billion dollars
Coastal tourism and recreation account for 85 percent of all tourism revenue, which is
annually, far exceeding the 6
the second largest contributor to the U.S. gross domestic product. Yet, the infrastructure
and services required to accommodate tourism can damage the environment that attracts
billion dollars generated
visitors to the nation’s coasts.
49
FIG. ONE
Expansion of Metropolitan
Coastal Areas
Geographic Information Systems (GIS) technology
has recently made it possible to graphically depict
the expansion of metropolitan areas.
The developed “footprints” (burgundy) of many coastal
regions are expanding faster than the national average.
Sa
n
n
The metropolitan regions of New York City (below, left)
F
Fra
and San Francisco (at right) experienced physical growth
nc
isc
rates far in excess of population growth.
c o
Ba
y
PACIFIC
OCEAN
1990
Long Island
Sound
Sa
a
N
n
EA
C
CO Fra
TI
LAN
n
nc
AT
isc
o
1990
B
Ba
y
y
PACIFIC
OCEAN
Long Island
Sound
1962
N
EA
C
CO
TI
LAN
AT
1960
Sa
a
n
Fra
nc
isc
s
o
Long Island
Ba
y
y
Sound
PACIFIC
OCEAN
TIC 0 20 mi
AN
1940
ATL EAN 0 20 km
OC
0 25 mi
1930
0 25 km
Sources: NOAA, 2002; Map images for New York adapted from maps created by Craig Campbell, using
data provided by a partnership of Regional Plan Association, the United States Geological Survey, and
Cornell University. Source for San Francisco map images: United States Geological Survey.
Art: John Michael Yanson
Maps: Jerome N. Cookson
50
by port traffic and dwarfing the 550 million
dollars generated by the state’s fisheries and
FIG. TWO
mariculture, or saltwater aquaculture (Wilson
The Rate of Land Development
and Wheeler, 1997).
and the Rate of Population Growth
With these throngs comes new develop- Land in the United States has been developed at more than twice the rate of
population growth since 1982. This increase is a result of a consistent decline in
ment, which increases demand for housing, development densities over the past few decades. If this trend continues through
water, food, recreation, waste disposal, roads, the year 2025, the nation will consume another 68 million acres of rural land—an
area the size of the state of Wyoming. The total developed land in the United States
and cars. All of this is polluting the water and will reach 174 million acres by 2025—an area larger than the state of Texas.
air and endangering coastal habitats.
Habitat destruction and the decline of
coastal water quality are the primary threats to
species with which we share the coastal envi- Sources: Data and
extrapolations from
ronment. Those threatened include many National Resources
Inventory, 2000; U.S.
ecologically and economically impor- Census Bureau, 2000.
tant species, as well as rare and unique
habitats. Urban sprawl, for example, 150
s)
600
Ac res of Developed Lan d (m ill io n
D
contributed to the decline of 188 of LAN
500
PED
U. S. Pop ulation (mill ion s)
LO
DEVE
S OF 100
400
ACRE
the 286 California species that are
300
U.S. POPU LATIO N
listed under the Endangered
200 50
Species Act, making it the leading 100
cause of species decline in that 0
0
1982 1987 1992 1997 2000 2005 2010 2015 2020 2025
state (Doyle et al., 2001).
We are fundamentally changing
Art: John Michael Yanson
the natural ecosystems that attract us to the
coasts. In some areas, we have converted The population explosion on our coasts
expansive wetlands into cities, protected on will continue. It is up to us to manage that
all sides by levees. In others, we have con- development in ways that protect coastal
verted sand dunes into irrigated golf courses ecosystems. If not, we will find ourselves
and subdivisions. impoverished, along with our coasts.
The problem is not just one of popula-
tion; our patterns of land use amplify the CHANGING LAND USE PATTERNS
effects of population growth on coastal In the decades following World War II,
ecosystems. In addition, government agencies Americans fled crowded inner cities in record
and programs have engaged in environmen- numbers. Between 1950 and 1990, the urban
tally harmful development in coastal water- population of the United States grew by about
sheds for decades. 15 percent and the rural population decreased
51
slightly, while the suburban population more
than tripled (Diamond and Noonan, 1996).
FIG. THREE
During this period, affordable automobiles,
cheap gasoline, and a rapidly expanding and
Increases in Vehicle Miles
heavily subsidized road system allowed—for
Outstrip Increases
the first time—large numbers of people to live
in Population
miles from where they worked.
In many ways, the coasts led these The number of miles Americans have
3,000
driven annually over the past 20
changes. Coastal development extends from
years has increased at four
the floodplains of rivers and estuaries to barri- times the rate of population
2,500
growth. Suburban development
er islands. Fourteen of the nation’s 20 largest patterns have contributed
2,000 to this trend.
cities and 19 of the 20 most densely populat-
ed
el
x 1 Million
av
ed counties lie along the coast. Furthermore, 1,500
Tr
the rate of land consumption in many of these
s
le
i
M
1,000
major metropolitan areas is four or more times e
cl
hi
Ve
the population growth rate (Figure One, page
Art: John Michael Yanson
500
50). If nationwide land development trends U.S . Pop ula tion Gr owt h
0
continue, by 2025 we can expect an addition-
1900
1910
1920
1930
1940
1950
1960
1970
1980
1990
2000
al 68 million acres—an area of land roughly
Year
the size of Wyoming—to be converted to resi-
Source: Adapted from Beach, 2003. Compiled by Michelle Garland, Surface Transportation
dential and commercial use (Beach, 2002; Policy Project; Federal Highway Administration, Office of Highway Information
Management. Highway Statistics Summary to 1995; Federal Highway Administration, Office
Figure Two, page 51). Most of this growth will of Highway Information Management. Highway Statistics Series, 1995 to 1999; Federal
occur along our coasts. Highway Administration, Office of Highway Information Management. Traffic Volume
Trends, December 2000; United States Census Bureau. Historical National Population
Sprawl—low density, automobile- Estimates: July 1, 1900 to July 1, 1999; United States Census Bureau. Monthly Population
Estimates, 1990 to 2000.
dependent development that separates
residential areas from jobs, goods, and services basic goods and services, sprawl gobbles up
—has become the predominant pattern of land and exacerbates traffic and pollution.
urban development in the United States. This Since 1960, the number of vehicle miles
approach to development is, by definition, traveled by Americans has more than tripled
inefficient in its use of land. The use of zoning (NRDC, 2001; Figure Three). As a result, vehi-
ordinances to mandate large lot size and to cle exhaust is contributing a growing share of
separate residential development from com- the total air pollution. We now know that
mercial areas was intended to protect home- atmospheric deposition—air pollution that
owners from the kind of crowding and pollu- eventually settles down on land or water—is a
tion that originally drove people from the major source of nitrogen pollution in our
inner cities. But by spreading out development nation’s waterways. This is particularly a prob-
and separating residents from even the most lem along the Atlantic seaboard and in the
52
contributed to billions of dollars
worth of real estate development
in high-risk and environmentally
fragile coastal areas. Low-cost
federal flood insurance has sub-
stantially reduced the financial
risk of this development, and
government-financed flood con-
trol, beach restoration, and
shoreline hardening projects
have created a false sense of
security for residents in these
low-lying areas.
Government projects have
dramatically altered our rivers
and coastal waterways. These
often-massive efforts spur devel-
opment while paying scant atten-
tion to environmental conse-
quences. The economic benefits
Cameron Davidson/Stock Connection
they have provided—particularly
to agriculture and shipping—
come at a high ecological price
(Box One, page 54). Habitats,
species, and whole ecosystems
are threatened by the elimination
of wetlands, the channelization
Intensive beachfront development destroys wildlife habitat, impairs water
quality, and reduces the ability of barrier islands to protect the mainland and damming of rivers, and the
from storms and flooding.
stabilization of inherently unsta-
Mississippi River watershed, where high rain- ble beaches and barrier islands.
fall combines with air pollution to exacerbate These changes have not been random.
atmospheric deposition (Puckett, 1994). The Army Corps of Engineers, established in
1779, is the nation’s main water resources
management agency. It is responsible for
MISGUIDED GOVERNMENT PROGRAMS
Substantial growth in many American’s personal building and maintaining more than 1,500
wealth, combined with cheap flood insurance federal water projects. These include the
and a period of relatively few hurricanes, have construction and maintenance of more than
53
BOX ONE Steve Simonsen/Marine Scenes
DELTA BLUES
Louisiana is gripped by a major crisis brought on by floodwaters and exacerbate erosion and saltwater
decades of misguided development of our land and intrusion from the Gulf of Mexico. Navigation chan-
waters. Due to channels and levees constructed by the nels that crisscross the region also contribute to
Army Corps of Engineers, the Mississippi itself now large-scale erosion of the delta. Thus, the delta has
flows more like a ditch than a river, shunting fertilizers lost more than 1,000 square miles since 1950, and
and pesticides downstream. One result is a low- continues to lose 25 to 35 square miles per year. If
oxygen dead zone in the Gulf of Mexico off the current loss rates continue, more than 630,000 acres
mouth of the Mississippi that can span more than of Louisiana wetlands will be converted to open
8,000 square miles of coastal ocean. The zone is water by 2050.
caused by excess nutrients—mostly nitrogen—that
drain into the ocean from agricultural lands along The Commission heard testimony about this crisis at
the Mississippi River. As they sink and decay on a public hearing in New Orleans. Following are
the bottom, algal blooms resulting from the excess excerpts from the testimony of King Milling,
nutrients drain oxygen from the Gulf waters. President of the Whitney National Bank, New
Orleans, and chair of the governor-appointed
The extensive channel and levee system along the Committee on the Future of Coastal Louisiana.
Mississippi blocks sediments formerly supplied by
Louisiana, the Mississippi Delta, and the Gulf of Mexico, as reflected by the hypoxia problem, are all victims of
national policy. I don’t say this to assess blame. It’s a fact. The channelization of the Mississippi River and its tributar-
ies, not to mention the dredging of numerous navigational waterways, has created an impact that shall absolutely
devastate south Louisiana and the lower delta.
The loss of Louisiana’s marshes will incrementally destroy the economy, culture, ecology, and infrastructure, not to
mention the corresponding tax base of this state and this region. From an ecological and environmental point of
view, it is a clear disaster. An ecosystem contributing 30 percent of the commercial fish harvested in these United
States will be destroyed.
As these wetlands are destroyed, the present insurable value of adjoining manufacturing, commercial, utility and
other infrastructure will be placed at risk. Ultimately much of that infrastructure may become totally uninsurable.
This state, in cooperation with our federal partners, has to step back and develop a holistic engineering program to
reestablish a sustainable coastline. Leading scientists and engineers believe that it can be done. The cost is 14 billion
dollars. That is a lot of money. The cost of doing nothing shall be well in excess of 100 billion.
140 ports, the construction of an 11,000-mile tion, construction of seawalls and jetties, and
network of inland navigation channels, 8,500 beach rebuilding. As a result, it has a profound
miles of levees and floodwalls, and more than effect on the environmental health of the nation’s
500 dams (Stein et al., 2000). The Corps waterways, floodplains, wetlands, and coastlines.
also manages shoreline protection and restora- The Corps has long been criticized for
54
According to Steve Ellis, of Taxpayers
for Common Sense, “What Army Corps offi-
cials lose sight of when they promote a
wasteful project is that the federal taxpayer is
the primary client, and is the majority stake-
holder of virtually all Corps projects. The
Corps needs to be made accountable to the
nation as a whole, and its mandate should be
a civil works program that will benefit the
overall national economy and the welfare of
its citizens.”
Although perhaps the most influential,
the Corps is not the only government agency
or program whose actions unnecessarily harm
© Doug Perrine/Seapics.com
coastal ecosystems. For example, as part of
the Central Valley Project, the Bureau of
Reclamation helped drain the vast wetlands of
California’s Central Valley and channelized its
rivers. The project resulted in the loss of
Newly hatched loggerhead turtles head for the sea. Sea turtle nest-
ing beaches are threatened by development, pollution, and rising 95 percent of the wetlands of the Sacramento
sea level.
River Delta. Winter run Chinook salmon have
building expensive and environmentally dam- declined by more than 90 percent over the
aging projects, often with dubious economic life of the project and an estimated 95 percent
justification. Analyses of the Corp’s practices of salmon and steelhead spawning habitats
by the National Academy of Sciences, the are now gone (Koehler and Blair, 2001).
General Accounting Office, the Army Inspector This development program has necessitated
General, and independent experts have shown a 20-billion-dollar restoration program for
a pattern of flawed economic and environmen- fish and wildlife in the river delta and
tal analyses, a process that is strongly biased in San Francisco Bay.
favor of project approval, and a failure to fol-
low through with environmental mitigation. COASTAL DEVELOPMENT
The projects resulting from this flawed AND HABITAT LOSS
approval process frequently fail to deliver pre- Like Louisiana’s bayous, all coastal habitat
dicted economic benefits while producing far types are affected by development to a greater
more environmental damage than anticipated. or lesser degree, depending on their desirabili-
In addition, the Corps has failed to complete ty for human uses and their sensitivity to near-
much of the environmental mitigation required by development. Maritime forests, for exam-
for its development projects. ple, have largely disappeared under the plow
55
or by residential development. Rapid growth degrade water quality and habitats far from
in south Florida has led to the destruction of the sources of pollution.
mangroves and seagrass beds, depriving some Surfaces that are impervious to water—
fish of feeding and nursery grounds. such as paved roads, parking lots, and
Residential and commercial construction rooftops—greatly exacerbate the problem of
destroys wildlife habitat, including habitat not runoff. A one-acre parking lot, for example,
actually built upon. The alteration of water flows; produces about 16 times the volume of
the loss of water quality; the breakup of large runoff that comes from a one-acre meadow
areas by roads, canals, and other infrastructure; (Beach, 2002). Impervious surfaces affect
and the creation of vulnerable exposed “edge” watersheds in two major ways. First, they
areas all degrade wildlife habitat. alter the pattern and rate of flow of rainwater
Wetlands are particularly valuable and to water bodies. Second, they collect pollu-
vulnerable. They support fish and wildlife pop- tants—hydrocarbons and other harmful
ulations of economic, ecological, and social substances emitted by automobiles, as well as
importance. They also provide ecological serv- fertilizers and pesticides from lawns and golf
ices by slowing down and absorbing stormwa- courses—and provide a conduit for their rapid
ter, filtering pollutants from urban and agricul- transfer to water bodies.
tural runoff, and buffering coastal areas from In general, the abundance and diversity
storms and erosion. of aquatic species decline as the amount of
From the 1780s to the 1980s, the United impervious surface in a watershed increases
States (excluding Alaska) lost more than half beyond about 10 percent (Schueler and
of its original wetlands (Dahl, 1991). With Holland, 2000). Since suburban development
protection under the Clean Water Act and averages about 40 percent impervious cover,
other statutes, the rate of wetlands loss has environmental quality quickly begins to suffer
dramatically decreased from a peak of about in rural watersheds once suburban develop-
490,000 acres a year to about 60,000 acres a ment begins. For example, in Maryland, the
year today. Most wetland loss today stems abundance of brown trout declines at about
from residential and commercial development 10 to 15 percent of imperviousness as does
rather than from agriculture, which previously the abundance of coho salmon around Seattle.
accounted for the lion’s share of loss. Similarly, studies have shown that the diversity
of aquatic insects plummets in urban streams.
RUNAWAY RUNOFF
Probably the most harmful impact of develop- THE LOGIC OF WATERSHED PLANNING
ment on marine and freshwater ecosystems is Watersheds—areas of land that drain to a
the degradation that results from polluted common waterway—provide a logical and
runoff. As evidenced by the dead zone in the appropriate scale for protecting and restoring
Gulf of Mexico, transported pollutants can water quality. Identifying the major threats to
56
water quality, inventorying their sources, and such as fishing and swimming.
determining the pollution reductions needed At its core, the problems of coastal
to protect, maintain, and restore water quality development are about human beings and the
are best done on a watershed-by-watershed demands we place on natural resources and
basis. Forty-six percent of the U.S. population ecosystems. We are currently making more
inhabits coastal watersheds (NOAA, n.d.), but, demands on coastal and marine ecosystems
in a sense, we all live in a coastal watershed than they can reliably meet. To preserve and
since all rivers drain eventually to the sea. restore the bountiful coastal environment that
At the local and regional levels, the we have enjoyed in the past and that we want
sources, magnitude, and effects of nutrient for our children and grandchildren, we must
and toxic pollution from both point and alter our relationship to the environment.
nonpoint sources vary dramatically. As a Given the certainty of substantial future
result, a one-size-fits-all approach to making population growth in coastal areas, only by
our waters fishable and swimmable will not changing the way we live and the way our
work. But approached on a watershed basis, communities grow can we maintain, much
we can address problems such as nonpoint less restore, healthy coastal ecosystems.
source pollution, particularly nutrient pollu-
tion—the greatest threat to water quality in SUMMARY OF RECOMMENDATIONS
our rivers, bays, and coastal waters. 1. Develop an action plan to address
We need an approach that manages nonpoint source pollution and protect
sources and effects across jurisdictional water quality on a watershed basis.
boundaries, provides the resources and incen- Addressing the complex array of point and
tives needed to achieve results, and is flexible nonpoint sources of pollution related to devel-
enough to allow solutions tailored to meet opment requires a comprehensive, watershed-
local circumstances. based approach to water quality protection.
The essential programmatic elements of States should establish and enforce water
a watershed-based approach to water quality quality standards for nutrients, thus providing
protection are already in place. The Clean an enforceable benchmark against which
Water Act requires the establishment of water progress can be measured. The Clean Water
quality standards for pollutants as well as the Act and state water quality laws should be
calculation of the maximum amount of a amended to require action to reduce nonpoint
given pollutant that a water body can absorb source pollution. States should determine
and still satisfy water quality standards (the the total maximum daily load (TMDL) of
total maximum daily load, or TMDL). The act pollutants that a water body can accept and
also requires an ongoing planning process for still attain water quality standards. The states
complying with water quality standards and should then implement meaningful plans for
maintaining designated uses of water bodies— achieving the point and nonpoint source pol-
57
lution reductions indicated by TMDLs. areas where it is not desirable, and to reduce
Implementation also requires watershed-based impervious surface cover wherever possible.
water quality compliance planning, which the States should take an active role in developing
federal government can encourage by provid- a consensus on growth management, encourag-
ing a complementary suite of incentives for ing urban growth boundaries to protect agricul-
improving water quality and disincentives for ture and environmentally sensitive lands, and
activities that harm water quality. restricting state development funding to desig-
nated growth areas. Congress should make fed-
2. Identify and protect from development eral funding for transportation and development
habitat critical for the functioning of available only to states that comply with the
coastal ecosystems. Clean Water Act and other federal environmen-
Congress should provide a significant, tal laws. Federal grants and loans should be
permanent, and dedicated source of funding required to be used consistent with state and
for habitat protection. Comprehensive habitat- local growth-management efforts.
protection planning by the states is important
to ensure that federal, state, and local funds 4. Redirect government programs and
provide the maximum benefit in protecting subsidies away from harmful coastal
habitat and water quality. The broadest possi- development and toward beneficial
ble array of financial tools and incentives activities, including restoration.
should be made available to government and The Army Corps of Engineers should be
private land-protection efforts. Lastly, strong reformed to ensure that its projects comport
partnerships among all levels of government, with the agency’s missions, are environmental-
private land trusts and foundations, and the ly and economically sound, and reflect
business community are crucial for large-scale national priorities. Congress should transform
habitat protection. the Corps into a strong and reliable force for
environmental restoration, working in partner-
3. Institute effective mechanisms at all levels ship with natural resource management
of government to manage development and agencies. Tax structures should be examined
minimize its impact on coastal ecosystems at all levels of government to ensure that they
and their watersheds. are supporting compact, appropriately sited
Substantial changes in development patterns growth. The National Flood Insurance Program
and practices on private lands are needed. should be reformed by setting premiums that
Municipalities and counties should change reflect the true risk of coastal hazards, phasing
their zoning and subdivision codes to promote out coverage of repetitive loss properties, and
compact growth in areas where it is desirable, denying coverage for new development in
to discourage growth in relatively undeveloped hazardous or environmentally sensitive areas.
58
Chapter Five
CLEANING COASTAL WATERS Getty Images Inc.
THE NATURE OF THE PROBLEM I want my children to grow up unafraid to eat
The images of the Exxon Valdez oil spill in salmon and halibut and other wild foods that are
Prince William Sound, Alaska, in 1989, and the part of our tribal heritage. But the traditional foods
sight of trash washing up with the seaweed on that we gather from the ocean have contaminants.
our favorite beaches are all too familiar. My Aunt Violet points out that we aren’t just eating
What we are less aware of, however, is one contaminant. We eat the whole fish.
the amount of pollution that travels daily from Shawna Larson
Alaska Community Action on Toxics
each of our lawns, vehicle tailpipes, driveways,
Pew Oceans Commission hearing, Anchorage, Alaska, August 15, 2001
and the fields where our food is produced into
our coastal waters. A recent study by the species that live their entire lives far out in the
National Research Council found that the same Pacific are too contaminated with mercury to be
amount of oil released in the Exxon Valdez safe to eat.
spill—10.9 million gallons—washes off our These are the signs of a silent crisis
coastal lands and into the surrounding waters in our oceans.
every eight months (NRC, 2002). The Mississippi Fortunately, we have set a good precedent
River, which drains nearly 40 percent of the for addressing water pollution. In response to
continental United States, carries an estimated public outcry over such environmental calamities
1.5 million metric tons of nitrogen into the Gulf as the burning of the Cuyahoga River in Ohio,
of Mexico each year (Goolsby et al. 1997). Congress passed the Clean Water Act (CWA) in
Overall, the amount of nitrogen released into 1972. The law requires the U.S. Environmental
coastal waters along the Atlantic seaboard and Protection Agency (EPA) to establish national
the Gulf of Mexico from anthropogenic, or technology standards and science-based criteria
human-induced sources, has increased about for water quality protection. The states then con-
fivefold since the preindustrial era (Howarth et trol identifiable sources of pollution by issuing
al., 2000). pollution discharge permits based on these tech-
The consequences of this polluted nology and water quality requirements.
runoff are most acute along the coasts, Efforts resulting from the provisions of the
where more than 13,000 beaches were Clean Water Act have succeeded in removing
closed or under pollution advisories in 2001 the worst pollution from the rivers and lakes that
(NRDC, 2002). Two-thirds of our estuaries and surround us. Some coastal waters, such as those
bays are either moderately or severely degraded off Los Angeles and San Diego, have dramatical-
from eutrophication (Bricker et al., 1999). ly improved. There, inputs of many pollutants
However, pollution’s reach extends far beyond have been reduced by 90 percent or more over a
our major cities. Scientists report that killer 25-year period, leading to the recovery of kelp
whales have higher PCB levels in their blubber beds, fish communities, and certain seabird pop-
than any animal on the planet and that fish ulations (Boesch et al., 2001).
59
toxic drainage from abandoned mines.
The current legal framework is ill
equipped to address this threat. Rather than
confronting individual cases, the situation
requires that we apply new thinking about the
connection between the land and the sea, and
the role watersheds play in providing habitat
and reducing pollution.
One of the major nonpoint pollutants is
Cameron Davidson/Workbookstock.com
nitrogen, a nutrient that encourages plant
growth. Although nitrogen is essential to life, in
excess it can significantly damage and alter
ecosystems. In fact, scientists now believe that
nutrients are the primary pollution threat to liv-
ing marine resources (NRC, 2000). Most nitro-
gen in the oceans arrives from nonpoint
Runoff from a sugar field in central Florida carries nutri-
ent and other chemical pollution into an adjacent ditch. sources, including storm runoff from roads and
Nutrients, particularly nitrogen, flowing from farm fields,
agricultural fields, and airborne nitrogen emitted
streets, and yards across the nation represent the largest
pollution threat to coastal waters. from power plants and car tailpipes.
We have also learned that marine species
But in the 30 years since the Clean
accumulate toxic substances. From single-celled
Water Act was passed, as scientific knowledge
marine life to top ocean predators, including
and experience has improved, the focus of our
humans, toxic substance levels in body tissue
concern has shifted. Although controlling
increase as predators consume contaminated
point sources remains critical, the subtler
prey. In addition, new forms of pollution are
problem of nonpoint sources has moved to the
emerging. Non-native species, introduced by
fore. In our oceans, now, we are experiencing
accident or design, have proliferated to stress
a crisis as great as a burning river. It is a crisis
entire ecosystems, crowding out native species,
we must address through changes in both pol-
altering habitat, and in some instances, intro-
icy and commitment.
ducing disease. And human-generated sound in
Today, nonpoint sources present the great-
the oceans is affecting marine life in ways we
est pollution threat to our oceans and coasts.
are just beginning to understand.
Every acre of farmland and stretch of road in a
Finally, we have not fully dispensed with
watershed is a nonpoint source. Every treated
the problem of point source pollution. Legal
lawn in America contributes toxics and nutrients
loopholes and poor enforcement allow signifi-
to our coasts. Nonpoint pollutants include
cant point sources of pollution to go unregulat-
excess fertilizers and pesticides used in farming,
ed. These include cruise ships, ballast-water dis-
oil and grease from paved surfaces, bacteria and
charge from ships, and concentrated animal
nutrients from livestock manure, and acidic or
60
FIG. ONE
The Eutrophication Process
Lighter, fresher, warmer surface layer
Wind and waves
02 02 02
oxygenate
sur face layer
Pycnocline layer blocks oxygen flow to bottom waters
Nutrients, primarily from
agricultural and urban sources, Organic material, from
are delivered by stormwater runoff sources such as dead or
and atmospheric deposition. Heavier, saltier,
dying algae and plankton,
cooler lower layer
falls to the seafloor and
decomposes.
Art: John Michael Yanson
Mortality
Escape
Oxygen is consumed as
Mobile animals sometimes
organic matter decomposes, leaving
move out of hypoxic areas.
slow-moving or attached animals to suffocate.
Eutrophication is a long-term increase in the supply of organic matter to an ecosystem—often because of excess nutrients.
Eutrophication creates two harmful effects in marine ecosystems: reduced water clarity and oxygen depletion. Reduced water clarity
can starve seagrasses and the algae that live in corals for light, reducing their growth or killing them. While wind and waves aerate sur-
face waters, the pycnocline—a layer of rapid change in water temperature and density—acts as a barrier to oxygen exchange in bottom
waters. Oxygen is consumed in this deep layer as bacteria decompose plankton, dead fish, and other organic matter falling from the
surface. When dissolved oxygen levels reach two milligrams per liter or less—a condition called hypoxia—most slow-moving or attached
animals suffocate, creating areas known as dead zones in the bottom waters.
Source: Boesch et al., 2001; EPA, 2000.
WHEN NUTRIENTS POLLUTE
feeding operations. Animal feeding operations
The immediate cause of the 1991 event
alone produce more than three times the
that killed one million menhaden in North
amount of waste that people do—about 500 mil-
Carolina’s Neuse River was a single-celled
lion tons of manure every year (EPA, 2002a).
creature called Pfiestera piscicida. Known as
Through witness testimony from around
the killer alga, P. piscicida can emit a strong
the country, commissioned papers, and its own
neurotoxin when in the presence of schools of
research, the Commission investigated five types
fish. It feasts on the dead and dying fish,
of pollution—nutrients, toxic substances, cruise
reproduces, and then settles back into the sed-
ship discharges, invasive species, and anthro-
iment. Scientists have found that P. piscicida
pogenic sound. It reviewed the current state of
thrives in coastal waters that are enriched with
our laws and changes necessary to control new
nutrients such as phosphorous and nitrogen.
and overlooked sources of pollution.
61
The Neuse River outbreak was linked by dense they block the light needed by corals and
analyses of the event to nutrients flowing from by submerged vegetation such as seagrasses.
manure lagoons and other agricultural sources Severe light deprivation will kill the plants and
in the watershed. cause corals to expel the algae they host, which
We are degrading the environment along leads to coral bleaching.
our coasts. Nutrient pollution has been linked to After the phytoplankton die and sink to
harmful algal blooms, such as the Pfiestera out- the ocean floor, bacteria decompose them.
break. It has also been linked to dead zones, Decomposition pulls oxygen from the water,
such as the area in the Gulf of Mexico that leaving the remaining plants and animals oxy-
appears annually and has reached the size of gen-starved. Areas with little oxygen, called
Massachusetts (more than 8,000 square miles). hypoxic, are unable to support fish and shrimp
In addition, this pollution results in the loss of populations, and the stress of hypoxia can make
seagrass and kelp beds, destruction of coral them more vulnerable to invasive species, dis-
reefs, and lowered biodiversity in estuaries and ease, and mortality events. In addition to the
coastal habitats (Howarth et al., 2000). The inci- well-known hypoxic dead zone at the mouth of
dence of harmful algal blooms along the United the Mississippi River, hypoxic zones have devel-
States coastlines increased from 200 in the oped in 39 estuaries around the U.S. coast
decade of the 1970s to 700 in the 1990s, and (Bricker et al., 1999).
now includes almost every coastal state in the Of the myriad sources of nutrient pollu-
U.S. (Burke et al., 2000) One bloom off the tion, agriculture is the most significant. Nitrogen
coast of Florida was implicated in the deaths of in fertilizer is easily dissolved in and transported
more than 150 manatees (NOAA, 2002). by water. Animal wastes are also nitrogen rich,
The continued loss of wetlands is further and are generally applied to farmland, where
evidence of this trend in degradation. Wetlands the nitrogen can be washed into water bodies
serve a critical function as natural filters that by rainstorms. Aggravating this problem, tile
remove nutrients before they can reach the sea, drainage systems constructed to collect and
but they are being lost at the rate of approxi- shuttle excess water from fields—particularly
mately 60,000 acres per year (Dahl, 2000). If common in the corn and soybean fields of the
current practices of nutrient input and habitat Midwest—provide an expressway for nitrogen
destruction continue, nitrogen inputs to U.S. flowing into waterways.
coastal waters in 2030 may be 30 percent high- Until recently, atmospheric deposition—
er than at present (Howarth et al., 2002). the settling of airborne pollutants on the land
When too many nutrients—particularly and water—has been an overlooked source of
nitrogen—enter the marine environment, the nitrogen pollution in coastal waters. It is now
result is eutrophication—the overenrichment of clear that it is widespread and quantitatively
the water that stimulates extraordinary growth of important in some regions. Most atmospheric
phytoplankton and attached algae (Figure One, deposition of nitrogen originates as nitrogen
page 61). Phytoplankton blooms can be so oxide emissions from power plants and automo-
62
FIG. TWO
Atmospheric Release, Transport, and Deposition Processes
SSE
AIR
MA
GAS S
LOCAL OR WET
PARTICULATE LONG-DISTANCE
DEPOSITION
TRANSPORT INDIRECT
MATTER
DEPOSITION
CHANGES IN
SOURCES OF POLLUTANTS CHEMICAL/PHYSICAL
FORMS
•Natural Sources •Anthropogenic Sources
DRY
PARTICLE
DEPOSITION
AIR/WATER
GAS EXCHANGE
Art: John Michael Yanson
DIRECT DEPOSITION
S URFACE WAT E R BODY
GR
OU
N D WAT
ER
Atmospheric deposition is the process by which air pollution directly or indirectly finds its way into our lakes, rivers, and—ultimately—
the oceans. Natural and anthropogenic sources of air pollution produce gases (such as oxides of nitrogen and sulfur) and particles
(such as soot, which may contain hydrocarbons, various forms of sulfur and nitrogen, and other pollutants). Particles can settle on their
own on land or in water (dry deposition), or when washed from the atmosphere by precipitation (wet deposition). Particles settling on
land can be resuspended in storm runoff and find their way into water bodies. Gases in the atmosphere are absorbed to varying
degrees by water. They are sometimes absorbed directly across the surface of a water body. Gases are also absorbed by water in the
atmosphere, and eventually precipitation brings them to water bodies.
Source: Boesch et al., 2001; 2003; EPA, 2000.
biles, and ammonia gas released from animal waste to land, which fouls waterways with
wastes (Boesch et al., 2001; Figure Two). runoff, is a significant environmental problem.
In addition to nonpoint sources, there Although they are regulated under the
are major point sources of nutrients, particu- CWA, CAFOs have largely avoided pollution
larly concentrated animal feeding operations restrictions because of exemptions in outdated
(CAFOs). Most animal wastes from CAFOs are regulations and the states’ failure to enforce
stored in open lagoons, which can be larger permitting requirements. Of the approximately
than five and a half football fields and contain 15,500 operations that meet EPA’s definition
20 to 45 million gallons of wastewater (NRDC triggering regulation, less than 30 percent have
and CWN, 2001). If not properly managed, permits, reducing the government’s and the
lagoons can leach nutrients and other sub- public’s ability to monitor and control CAFO-
stances into waterways and overflow during related pollution. EPA recently revised its
rainstorms. The liquid effluent, rich in nitrogen CAFO regulations, which now expressly
and phosphorous, is sprayed onto agricultural require all CAFOs over a certain size to obtain
fields as fertilizer, often at many times the a point source discharge permit. EPA’s new reg-
amount needed for crop growth. On a day-to- ulations require CAFOs to develop a nutrient
day basis, the over-application of animal management plan by 2006, but EPA has not set
63
enforceable standards for these plans, which for food. The Commission focused on three
will be written by the operators and not sub- toxic substances of particular concern: PAHs,
ject to government or public review. In PCBs (polycholorinated biphenyls), and heavy
exchange for developing and implementing a metals like mercury. These substances are both
nutrient management plan, CAFOs are shield- pervasive and persistent. They are decomposed
ed from liability for pollution that is discharged very slowly, if at all, by bacteria, and do not
off the facility’s land application area. leave the marine environment quickly or com-
Regardless of its source, nitrogen has pletely. Although now banned in domestic man-
become one of the most pervasive and harmful ufacture of electrical transformers, plastics,
pollutants in coastal waters. A revitalized pol- paints, and other materials, PCBs are still pres-
lution policy must reflect this understanding. ent in many imported materials and at many
industrial and military sites. Mercury levels are
on the rise in some regions. Nearly 80 percent
TOXIC WATERS
When the Exxon Valdez ran aground in Alaska of the mercury in the marine environment
and spilled its oil cargo in March 1989, scien- arrives as air emissions from coal-fired power
tists, managers, and hundreds of volunteers plants and other combustion sources, some of
rushed to rescue thousands of seabirds and sea them overseas (Heintz et al., 1999).
otters. They picked the birds off soiled beaches Landfills, urban runoff, ocean dumpsites,
and attempted to clean their plumage before the ocean vessels, and the burning of fossil fuels are
birds lost their ability to float and to stay warm. just a few of the pathways that bring toxic sub-
In the end, some 30,000 seabirds perished as stances to the oceans.
well as 1,000 or more sea otters, and untold Toxic compounds enter marine food
numbers of fish. Congress has since passed the chains either directly from the water or from
Oil Pollution Act to reduce the risk of similar concentrated deposits in sediments.
tanker accidents. Organisms accumulate toxic substances in
New evidence strongly suggests that com- their tissues, where they may be passed up the
ponents of crude oil, called polycyclic aromatic food chain. Some of these compounds are
hydrocarbons (PAHs), persist in the marine envi- concentrated at each step in the chain. The
ronment for years and are toxic to marine life at ocean’s top predatory fish and marine mam-
concentrations in the low parts-per-billion range mals therefore often have the highest concen-
(Carls et al., 1999). Chronic exposure to PAHs trations of toxic compounds in their bodies.
can affect development, increase susceptibility Killer whales, walruses, and tuna are among
to disease, and jeopardize normal reproductive those most contaminated.
cycles in many marine species. Accumulated toxic substances disrupt
PAHs represent just one class of toxic hormone cycles, cause birth defects, suppress
substances that threaten the health of marine the immune system, and cause disorders
species and of humans who depend upon them resulting in cancer, tumors, and genetic abnor-
64
malities. In some instances, accumulated toxic CWA, no ambient air quality standards for
substances can even cause death in marine ani- mercury under the Clean Air Act (CAA), no
mals (MMC, 1999). systematic monitoring of toxics levels in most
The contamination of certain commercial species consumed by humans, and there is
species may pose particular problems insufficient effort to clean up toxic contami-
for humans. Recent studies sponsored by nants in sensitive marine environments. These
The Mobile Register indicated that the presence policy shortcomings should be addressed
of methylmercury (the bio-available form of without delay.
mercury, and the form most prevalent in fish) in
several species of fish in the Gulf of Mexico, CRUISE SHIPS
including ling, amberjack, and redfish, may be Cruise ships can offer spectacular views and
so great that Food and Drug Administration unparalleled wildlife experiences. For many
standards would prohibit selling them to the Americans, cruises provide their only expo-
public. In 2001, of the 2,618 fish advisories sure to the oceans and marine wildlife, and
issued in U.S. waters, almost 75 percent were the popularity of this activity is increasing. In
for mercury contamination (EPA, 2002b). In
Alaska and other polar regions, the evidence of
correlation between increased toxic loads and
declining health in humans and animals alike is
mounting (AMAP, 2002).
The Arctic and Antarctic are hard hit by
certain persistent toxics, especially heavy met-
als and organochlorines, which include PCBs,
due to the peculiar mechanisms by which
these compounds are preferentially transport-
ed to the polar regions. Airborne toxics are
repeatedly deposited and volatilized as they
are swept by atmospheric circulation from
their points of origin toward the polar regions.
This process is known as the grasshopper
effect because the substances “hop” from their
Joel W. Rogers
sources to their ultimate repositories in the
polar marine environment.
Not enough is being done to address
Cruise ships with as many as 5,000 passengers visit
the dangers that toxic substances pose to some of our most spectacular coastal destinations.
Sewage and other waste discharges from these floating
marine species and to humans. There are no
cities can have significant impacts on marine life and
water quality standards for PAHs under the the environment.
65
recent years the cruise ship industry has human pathogens, nutrients, and hazardous
grown at an average annual rate of eight per- substances directly to the marine environment.
cent, and expansion continues. In 2001, the The wastewater pollution from these ships is
North American cruise industry set a record compounded by air pollution from burning trash
when it carried 8.4 million passengers. In San and fuel emissions that enter the marine envi-
Francisco Bay, a new cruise terminal is ronment via atmospheric deposition.
expected to more than double the number of Despite the fact that cruise ships
ship visits per year. Cruise ships make frequent discharge waste from a single source, they
stops in Florida, the Caribbean, along the are exempted from regulation under the CWA
West Coast, Maine, and Alaska. point source permitting system.
While taking a cruise can provide an The CWA allows the discharge of
invaluable experience for passengers, cruise untreated black water anywhere beyond three
ships can pose a particular risk to the very miles from shore, and does not require any
environments they seek to explore. With as treatment of gray or ballast water. Only in
many as 5,000 people onboard, a cruise ship Alaskan waters are cruise ships required to
is akin to a floating city, where people go meet federal effluent standards; treat gray
about many of the same activities as they do water discharges; and monitor, record, and
at home: showering, cleaning, cooking. In report discharges to state and federal authori-
addition, cruise ships offer such amenities as ties. In addition, the CWA authorizes the U.S.
photo developing, hairdressing, and dry Coast Guard to inspect the discharge logs and
cleaning. The waste from these activities, pollution control equipment aboard ships.
however, is not regulated like waste produced However, Coast Guard officers are not
from cities. required to test discharges for compliance.
In one week, a typical cruise ship The CWA and the Act to Prevent
generates 210,000 gallons of black water Pollution from Ships together regulate bilge
(sewage), 1,000,000 gallons of gray water water, which must be run through an oil-
(shower, sink, dishwashing water), 37,000 water separator before it is discharged. The
gallons of oily bilge water, more than eight tons National Invasive Species Act encourages all
of solid waste, millions of gallons of ballast oceangoing vessels to exchange ballast water
water containing potential invasive species, and but does not require them to do so. The air
toxic wastes from dry cleaning and photo emissions from ships are covered under the
processing laboratories* (Royal Caribbean CAA amendments of 1990, but the EPA has
Cruises Ltd., 1998; Eley, 2000; Holland yet to impose regulations.
America, 2002). This effluent, when discharged In short, the legal regime that covers
untreated—as too often happens—delivers cruise ships is complex but not comprehen-
*Based on a 3,000-passenger cruise ship and EPA estimates of per capita waste generation.
66
sive. Unless we take greater steps to control
discharges and reduce pollution, we will con-
tinue to harm the very places we love to visit.
INVASIVE SPECIES
Invasive species—non-native species whose
introduction harms or is likely to harm the
environment, economy, or human health—
present one of the most significant threats to
biodiversity and healthy ecosystems (GISP,
2002). Once introduced, they have the poten-
tial to establish themselves alongside, or in
place of, existing species. They can compete
with native species for prey and habitat, facili-
tate the spread of diseases, introduce new
genetic material, and even alter landscapes.
Invasive species can impede endangered
Ron Silva
species conservation and restoration efforts. In
the marine environment, some compete with
Invasive species, such as these Chinese mitten crabs, represent
commercially significant fish species for food
one of the greatest threats to biodiversity. Invasive species com-
and habitat, or they clog nets and eat bait. On pete with native species for prey and habitat, and are responsible
for about 137 billion dollars in lost revenue and management costs
land and in the sea, invasive species are
in the U.S. each year.
responsible for about 137 billion dollars in
port and discharged in another. Every day,
lost revenue and management costs in the
some 7,000 species are transported around
U.S. each year (Pimentel et al., 1999).
the world via ballast water (Carlton, 2001).
Invasive species are hard to identify and
Another important vector is aquaculture.
eradicate before they take hold in an ecosys-
Species such as Atlantic salmon, grown on the
tem, which can occur remarkably quickly. For
western coasts of the U.S. and Canada, act as
example, every 14 weeks, a new invasive
invasive species if they escape or are released
species is discovered in the San Francisco Bay
unintentionally from aquaculture facilities into
(Cohen and Carlton, 1998).
the surrounding waters. Once in the wild, they
Ballast water is the primary vector for
can compete with native species for food, shel-
the release of invasive species into marine
ter, and other resources, as well as spread dis-
waters (Carlton, 2001). Ballast water—and all
ease. In some cases, species raised for aquacul-
the living creatures contained within it—is
ture may interbreed with native species, poten-
pumped into and out of oceangoing vessels
tially threatening the viability of native stocks.
for stabilization. Often it is taken up in one
67
Other vectors include the home aquari- In an increasingly global economy, all
um industry, ship hulls, oil platforms, and this mobility represents a serious threat to the
marine debris. Invasive species arrive in sea- health of living marine resources.
weed used to pack live bait and via the pet Our laws are not equipped to deal with
trade industry. They also reach U.S. waters as these threats. Biological pollution by invasive
live food imports. The Internet has significantly species is the focus of the National Invasive
aided the introduction of new species. Today, Species Act of 1996 (NISA). However, under the
consumers need only a credit card, access to a NISA structure, invasive species are managed on
computer, and a delivery address to purchase a case-by-case, crisis-by-crisis basis, and the
marine life for food, for use as bait, or as pets. national focus is on terrestrial invasive species.
BOX ONE Steve Simonsen/Marine Scenes
INVADING SEAWEED
A green alga known as Caulerpa taxifolia—native to fying patches of the seaweed. They covered the patch-
tropical waters of the world—became popular as a es with heavy plastic tarps to contain the seaweed and
decorative plant in saltwater aquariums after a fast- injected chlorine under the tarps—a treatment that
growing, cold-tolerant strain of the species was cul- killed not only C. taxifolia but also everything else
tured. If released into the wild, this seaweed can pro- under the tarps.
liferate, carpeting the ocean floor and crowding out
native species that provide food and shelter within the Eradication efforts appear to have been effective.
ecosystem. It is unpalatable to most fish because of a A survey in the fall of 2002 found no trace of the
toxin it contains. A piece as small as one centimeter seaweed, but scientists caution that it could
can grow into an infestation. reappear when summer brings increased sunlight
and warmer waters.
In the early 1980s, C. taxifolia was introduced into the
Mediterranean Sea. By 2001, it had spread across more Intensive media coverage of the Carlsbad invasion led
than 30,000 acres of the seafloor, displacing native to the discovery of a second infestation in Huntington
communities in its path. Scientists believe the alga is Harbour, near Los Angeles. Biologists are treating this
so widespread in the Mediterranean Sea that eradica- invasion in a similar manner with equally encouraging
tion is no longer a possibility. results. Scientists hope that the rapid response to this
threat will prevent an invasion like the one in the
In June 2000, two divers in California discovered C. tax- Mediterranean Sea. Two invasions of the alien sea-
ifolia in native seagrass beds in a coastal lagoon in weed have also occurred in Australia.
Carlsbad. They reported their discovery to an algal
expert, who alerted government authorities. Scientists The experience with C. taxifolia in the U.S.
suspect the seaweed was inadvertently released into a demonstrates the merits of prevention to avoid
lagoon from a home aquarium. the uncertainties and costs of eradication. So far,
nearly 2 million dollars have been spent to fight the
A rapid response team was formed, and an effort to California invasion. In January 2003, California
eradicate the invading seaweed was mobilized within a approved an additional 1.3-million-dollar grant for
few days. Biologists surveyed the infested areas, identi- further eradication efforts.
68
To the extent that NISA addresses such inconsistency, neighboring states could
marine species, it does so almost exclusively simultaneously be working to promote and
in the context of ballast-water discharges, eradicate the same species, and one agency’s
despite the existence of many other vectors. food list could be another agency’s most want-
Ballast-water exchange (BWE) is a procedure ed list of invaders. The lack of regulatory clari-
in which ships in the open ocean dump bal- ty was brought home by the discovery of the
last water taken aboard in foreign ports. Its invasive snakehead fish in a Maryland pond.
purpose is to lessen the chance of introducing Federal regulations did not prohibit the impor-
coastal invasive species into potentially hos- tation or interstate transportation of this Asian
pitable habitats in destination ports. However, fish and state law provided only a mild penalty
BWE does not always dislodge species and it for release of the fish, for which the statute of
does not apply to coastwise travel, which can limitations had expired. Furthermore, state
also allow species to be transported to new managers had no clear legal authority to eradi-
environments. Additionally, BWE is not cate the population that had established itself.
mandatory under NISA. Although the U.S. This type of confusion results in invasive
Coast Guard is required to check ship logs to species—literally—slipping through the regula-
determine whether an exchange occurred, it is tory cracks and getting into the environment
not required to check the ballast tanks. without anyone noticing.
Current guidelines encourage ship operators to
report voluntary exchange, but compliance SOUND
with this minimal requirement is weak. The use of anthropogenic sound as a tool in
There is little law focusing on other the ocean has become enormously valuable
vectors of invasive species. For example, there for scientists, engineers, fishermen, and the
is no uniform regime in place to track live military. It allows fishermen to locate schools
imports either entering or traveling around the of fish and to keep predators from raiding or
country. There is no systematic process for becoming entangled in their nets. The use of
determining which management approach sound also helps mariners detect icebergs
is best when a species is found, no central and other obstructions, biologists study
source of information for researching species, behavior changes in marine species,
and no dedicated source of funding to control oceanographers map the bottom of the ocean
invasive species. For species like the destruc- floor, geologists find oil and gas, climatolo-
tive seaweed, Caulerpa taxifolia, which grows gists research global climate change, and the
as much as three inches a day, any delay in U.S. Navy detect submarines.
response could have severe environmental Many marine species, including marine
and economic ramifications (Box One). mammals, turtles, and fish, also rely on sound.
Currently, agencies at different levels of They use vocalizations and their ability to
government report commodities using a differ- hear to detect predators, prey, and each other.
ent nomenclature and verification system. With In the oceans, as on land, sound is essential
69
for communication. sity and frequency, and thus can have varied
Anthropogenic sound in the ocean is on effects on species. Sounds in the same frequen-
the rise, mainly due to increased vessel traffic. cy ranges used by marine species can mask
Coastal development is bringing more pleas- acoustic communication among animals and
ure craft, and globalization and international interfere with detection of prey and predators.
trade require more commercial vessels. In High-intensity sounds can cause pain and, in
addition, the navies of the United States and some circumstances, tissue and organ damage.
other nations are increasingly using active If the pressure resulting from the sound is
sonar systems to patrol coastal waters for intense enough, the animal can experience
enemy submarines. Meanwhile, oil and gas internal bleeding and subsequent death.
operations on the outer continental shelf are A mass stranding of whales in 2000
expected to spread into deeper waters. heightened concerns about the effects of
Climate change, too, may have a significant sound in the oceans. In March of that year, at
effect on sound levels in the ocean. Not only least 17 whales were stranded on beaches in
does sound travel faster in warmer water, but the northern Bahama Islands. Most of the ani-
also rising temperatures and melting ice at the mals were alive when they stranded and eight
poles may open new shipping channels in of them were returned to the sea. The other
areas that have previously experienced little nine animals died; pathology reports revealed
vessel traffic. bruising and internal organ damage. The
Sound sources differ in both their inten- stranding occurred about the time that ten
U.S. Navy vessels were operating their mid-
frequency sonar systems nearby. Investigations
conducted cooperatively by the Navy and the
National Marine Fisheries Service suggested
that the sonar transmissions were a critical
factor in the strandings (NOAA, 2001).
Low-intensity sounds can disrupt behav-
ior and cause hearing loss, ultimately affecting
longevity, growth, and reproduction. Frequent
or chronic exposure to both high- and low-
intensity sounds may cause stress, which
Tim Aylen/Vision Media
human and terrestrial animal studies indicate
can affect growth, reproduction, and ability to
resist disease. Impulse sounds, such as those
produced by explosions and seismic air guns,
Local children examine a whale stranded in the northern Bahama Islands in
2000. During March, at least 17 whales beached themselves subsequent to
may damage or destroy plankton, including
Navy sonar operations nearby. Investigations suggested that the sonar trans-
fish eggs and larvae, as well as damage or
missions were a critical factor in the strandings.
70
destroy tissues and organs in higher verte- SUMMARY OF RECOMMENDATIONS
brates (Hastings et al., 1996; Gisiner, 1999). 1. Revise, strengthen, and redirect pollution
The Marine Mammal Protection Act laws to focus on nonpoint source pollution
(MMPA), Endangered Species Act (ESA), and on a watershed basis.
the National Environmental Policy Act (NEPA) EPA and the states should establish water qual-
all provide legal mechanisms for addressing ity standards for nutrients, especially nitrogen,
sound. However, the MMPA and ESA apply as quickly as possible. EPA and the states
only to marine mammals and endangered should also ensure that water quality standards
species, and are only capable of protecting are in place for other pollutants—such as
individuals from particular sound-related proj- PAHs, PCBs, and heavy metals such as mercu-
ects, such as drilling operations or sonar activ- ry—where these are identified as problematic
ities. In addition, the federal government has on a watershed-by-watershed basis. Congress
recently proposed to exempt certain activities should amend the Clean Water Act to require
from environmental review under NEPA. the use of best management practices to con-
Because review under these statutes is trig- trol polluted runoff resulting from agriculture
gered only on a case-by-case basis and does and development. Congress and the executive
not effectively address cumulative impacts on branch should provide substantial financial
marine ecosystems, underwater sound as a and technical support for the adoption of such
source of potentially significant pollution in practices. Congress should link the receipt of
the marine environment has not received agricultural and other federal subsidies to
comprehensive treatment. A new policy frame- compliance with the Clean Water Act.
work is needed to adequately address this Finally, Congress and the Environmental
emerging pollution concern. Protection Agency should ensure that air
emissions of nitrogen compounds, mercury,
and other pollutants are reduced to levels that
ACTION TO REDUCE MARINE POLLUTION
For too long our oceans have been dumping will result in a substantial reduction of their
grounds. Within U.S. waters, ecosystems are impact on marine ecosystems.
subjected to insults from nonpoint, unregulat-
ed point, and nontraditional types of pollution 2. Address unabated point sources
from both land- and ocean-based sources. of pollution.
Nutrients, toxics, cruise ship discharges, Concentrated animal feeding operations should
acoustic and biological pollution, and invasive be brought into compliance with existing provi-
species all harm marine ecosystems, and the sions in the CWA. Congress should enact legis-
legal regimes in place do not match the nature lation that regulates wastewater discharges from
of today’s pollution threats. For each of these cruise ships under the CWA by establishing
pollution sources, policy changes can and uniform minimum standards for discharges in
should be made as quickly as possible. all state waters and prohibiting discharges with-
71
in the U.S. Exclusive Economic Zone that do of sound sources on living marine resources
not meet effluent standards. Congress should and ecosystems. Consideration should be
amend NISA to require ballast-water treatment given to requiring the utilization of best-
for all vessels that travel in U.S. waters, and available control technologies, where the
regulate ballast-water discharge through a generation of sound has potential adverse
permitting system under the CWA. Finally, the effects. Finally, the environmental ramifica-
International Maritime Organization draft tions of any sound-producing project should
convention on ballast-water management be taken into formal consideration—pursuant
should be finalized and its provisions imple- to NEPA or other applicable statutes—at the
mented through appropriate U.S. laws. planning stages of the project, before signifi-
cant resources, time, and money have been
3. Create a flexible framework to address devoted to its development.
emerging and nontraditional sources
of pollution. 4. Strengthen control of toxic pollutants.
A national electronic permitting system should The U.S. should ratify the Stockholm
be created under NISA to facilitate communi- Convention on Persistent Organic Pollutants
cation and track imports of live species that (POPs), and implement federal legislation that
may result in aquatic introductions. Each state allows for additions to the list of the “dirty
should inventory existing species and their dozen” chemicals. In concert with this effort,
historical abundance, in conjunction with EPA should develop and lead a comprehensive
the development of the regional ocean monitoring program to quantify levels of partic-
governance plans under the National Ocean ular toxic substances in designated ocean habi-
Policy Act. Congress should provide adequate tats and species, and sufficient resources should
funding for developing statewide invasive- be devoted to studying the effects of toxics on
species management plans that include marine species. This monitoring program
provisions for inventorying, monitoring, and should be coordinated with Food and Drug
rapid response. With regard to sound, a com- Administration and EPA seafood contaminant
prehensive research and monitoring program advisory efforts, so that people know where
should be developed to determine the effects their seafood comes from and what it contains.
72
Chapter Six
GUIDING SUSTAINABLE MARINE AQUACULTURE
Farm-raised oysters, Eliot, Maine
Laura Stadig, Spinney Creek Shellfish, Inc.
A new industry is taking shape along our …aquaculture is here to stay; the challenge is to
shores. Aquaculture—the farming of fish, ensure the young and growing industry develops
shellfish, or aquatic plants—has grown rapidly in a sustainable manner and does not cause
over the past several decades, and that growth serious ecological damage.
is accelerating. Today, some 4,000 aquaculture Rebecca J. Goldburg and others, 2001
Marine Aquaculture in the United States: Environmental
enterprises in the United States, most of them
Impacts and Policy Options
small to mid-size, supply Americans with
may pose biological risks to wild populations.
Atlantic salmon, hard clams, oysters, shrimp,
Improper facility design, siting, and operation
and nearly all the catfish and trout we eat.
can reduce water quality, damage the physical
As the industry matures, it holds both great
habitat, and harm wild populations in a vari-
promise and great risk.
ety of ways. Different species and production
It holds great promise because demand
systems present different challenges and risks,
for seafood is rising, yet the total global wild
complicating management.
fisheries catch has leveled out since the mid-
This combination of promise and risk
1990s as fish stocks have become depleted. In
has made marine aquaculture an important
the U.S., 30 percent of the known wild fishery
focus of the Commission’s work. Because the
stocks are already overfished or in the process
aquaculture industry is still young and rela-
of being depleted through overfishing.
tively small, there is time and opportunity for
Aquaculture represents another source of
it to develop in an ecologically sound way. If
seafood to boost the fish supply. Although the
we are to prevent, minimize, and mitigate the
majority of aquaculture operations raise fresh-
risks, we must develop a coherent policy
water species, our work focused on marine
framework for the industry.
species. Some forms of aquaculture, such as
mollusk farming, may aid the environment.
PROFILE OF AN INDUSTRY
Because mollusks, such as clams and oysters,
Aquaculture began on a small scale, thou-
filter large volumes of water, they can help to
sands of years ago, as an ancient form of
restore marine ecosystems polluted with nutri-
animal husbandry. Today, one-third of the fish
ents and an overabundance of phytoplankton.
products entering global markets are farm
The industry is also a source of new jobs.
raised. The United States ranks eleventh in
During a site visit in Florida, the Commission
worldwide aquaculture production (just over
learned about a job-retraining program that
one percent), farming roughly one billion
redirects displaced gillnet fishermen into hard
pounds of aquatic species, mostly freshwater
clam aquaculture.
species such as catfish, valued at nearly one
But despite this promise, marine aqua-
billion dollars in 1998. However, the U.S.
culture poses significant risks (Figure One,
ranks third in national consumption of seafood.
page 74). Farmed fish that escape their pens
73
FIG. ONE
Environmental Risks of Marine Aquaculture
PREDATOR CONTROL PROGRAM INTRODUCTION OF
animals targeted to control NON-NATIVE SPECIES DRUGS
predation of farmed fish for example, antibiotics
Atlantic salmon eggs hormones
(seed stock) from Europe anesthetics
pigments
vitamins
FISH MEAL AND FISH OIL
made from oily fish, such as
anchovies and mackrel HERBICIDES
controls algae growth
on netpens
MORTALITY
INCUBATION
OF LOCAL
DISEASES
caused by a high
concentration
GENETICALLY MODIFIED ESCAPE OF
of fish
ORGANISMS NON-NATIVE
(GMOs) SPECIES
NEW DISEASES
compete with native fish for food and habitat
AND PARASITES
introduced by seed stock
Art: John Michael Yanson
FISH SEWAGE
contains uneaten food, waste products, disease, and pathogens
Like other forms of animal production, aquaculture can lead to environmental degradation. Non-native and genetically modified species
that escape from netpens may compete with native species or contaminate the native gene pool. Large concentrations of fish in aqua-
culture facilities may incubate diseases and parasites and introduce them into surrounding ecosystems. The use of large quantities of
wild-caught fish to feed carnivorous farmed species, such as salmon and shrimp, places additional stress on wild fisheries. Uneaten
food, fish waste, and dead fish can contaminate waters near aquaculture facilities. Antibiotics, pesticides, hormones, and other chemi-
cals used to improve production may have harmful effects in surrounding ecosystems. Lastly, the physical presence of aquaculture facil-
ities alters natural habitat and attracts predators, such as marine mammals, which can be entangled in netpens or harmed by intention-
al harassment techniques.
Source: Goldburg et al., 2001; art adapted from the David Suzuki Foundation, 1996.
74
FIG. TWO
1998 U.S. Aquaculture Production
Value of Prominent Farmed Marine Animal by Key-Producing States
The major marine animals farmed in the United States are salmon, clams, oysters, and shrimp. The 1998 production of these
organisms is recorded here as the value of the farmed product in millions of dollars.
MAINE
64.1 WASHINGTON
CONNECTICUT VIRGINIA FLORIDA
MILLION STATE
12 11 9.5
DOLLARS
12.1 MILLION MILLION MILLION
DOLLARS *
MILLION
DOLLARS DOLLARS
DOLLARS
WASHINGTON
STATE
30
MILLION
DOLLARS*
HAWAII TEXAS
1.7 8.4
WASHINGTON OREGON CALIFORNIA MASSACHUSETTS
STATE MILLION MILLION
1.9 1.3 1.1
14.1 DOLLARS DOLLARS
MILLION MILLION MILLION
MILLION DOLLARS DOLLARS DOLLARS
DOLLARS
Art: John Michael Yanson
*Estimated; exact figures are not available due to confidential data.
Thus, our appetite for seafood relies on high other species has been limited by the lack of
levels of imports—much of which are farmed available high-quality coastal sites.
by nations with less rigorous environmental Aquaculture operations need large areas with
standards—to meet demand. access to unpolluted water. The crowded and
In the United States and other developed contested nature of our coasts precludes fish-
countries, where farmed salmon and shrimp farming in many areas.
sell for a high price, aquaculture is a profitable The open seas are a different matter.
business. The U.S. industry grows nearly 30 Private and government interests are encour-
marine species, but just four—Atlantic salmon, aging development of an offshore aquaculture
hard clams, oysters, and shrimp—contribute industry in the U.S. Exclusive Economic Zone
roughly one-quarter of the total U.S. aquacul- (EEZ), from 3 to 200 miles out to sea. The
ture harvest (Figure Two). Salmon and clam Department of Commerce’s aquaculture policy
production have increased most rapidly within calls for a fivefold increase in aquaculture
the last several decades. Growth in farming production by 2025, and the open oceans
75
figure prominently in this call. farm in Maine. The escapees far outnumber
The aquaculture industry is therefore the few wild salmon—only 75 to 110 adults in
poised for a major expansion. Before this 2000—that still return to spawn in Maine
expansion occurs, it is essential that govern- rivers (NRC, 2002).
ment and industry address the risks that come Fish farms can also serve as incubators
with aquaculture. for disease, which can infect wild populations.
Infectious salmon anemia (ISA), a virulent and
deadly disease, was found in farm-raised
RISK TO WILD POPULATIONS
Since 1986, nearly one million non-native Atlantic salmon along the Maritime Provinces
Atlantic salmon have escaped from fish farms of Canada in the mid-1990s. Although many
in the Pacific Northwest and have established anticipated its spread into U.S. waters, nothing
breeding populations in wild rivers. It is bio- was done to prevent it. As a result, the disease
logical pollution—the escape of farmed appeared in Maine in 2001. In January 2002,
species and their parasites and pathogens into the Maine Department of Marine Resources
the environment. This phenomenon represents and the U.S. Department of Agriculture
the most significant threat posed by aquacul- ordered the eradication of 1.5 million salmon
ture to wild marine populations. Most marine located in seven facilities in Cobscook Bay
aquaculture operations inadequately separate that were infected with, or exposed to, ISA.
cultured fish and their diseases from surround- The cost to the American public was 16.4 mil-
ing seas, making such escapes and contamina- lion dollars in federal assistance.
tion inevitable. Another looming issue in marine aqua-
Once released into an ecosystem, non- culture is the proposed use of genetically
native species are extremely difficult to con- modified organisms, which represent another
trol or eradicate, and often become perma- potential source of biological pollution.
nently established, threatening native species Although no transgenic fish products are com-
and entire ecosystems (Carlton, 2001). Non- mercially available in the United States, at least
native escapees from fish farms can compete one company has applied for permission to
with wild stocks for food, habitat, and spawn- market the first engineered animal for human
ing grounds (Myrick, 2002; Stickney and consumption: a farmed Atlantic salmon.
McVey, 2002). Interbreeding may change the Using genetic material inserted from
genetic makeup of wild fish and decrease Coho salmon and ocean pout, the altered
their survivability. salmon grows rapidly, allowing it to hit the
These concerns are especially important market sooner at a reduced cost to growers.
where remaining wild populations, such as Transgenic species may act like invasive
wild salmon in Maine and the Pacific species if introduced into the wild. Scientists
Northwest, are already endangered. For are concerned about the potential for compe-
instance, a storm in December 2000 resulted tition between escaped transgenic fish and
in the escape of 100,000 salmon from a single wild stocks. In addition, they fear that trans-
76
genic fish may introduce and spread modified
genes throughout wild populations, and ulti-
mately modify the wild gene pool (Hedrick,
2001; NRC, 2002). The ramifications of such
irreversible changes are unknown.
Fish farms depend on pelleted fish feed
to meet the dietary requirements of carnivo-
rous species such as salmon and shrimp. Feeds
typically contain fish meal and fish oil from
wild-caught fish, such as anchovies and mack-
erel. Scientists estimate that producing one
pound of farmed shrimp or salmon requires
more than twice that amount of wild-caught
fish. Large catches of these fish strain ecosys-
tems. This problem will increase if the demand
for feed products grows with the expansion of
the aquaculture industry. Research to develop
feed substitutes for fish meal, such as use of
Dean Abramson
soybean oil, is making progress (Naylor et al.,
2000; Goldburg et al., 2001).
This nearshore salmon aquaculture facility in Lubec, Maine, is among some
RISK TO WATER QUALITY 4,000 aquaculture enterprises in the United States. These seafood farms grow
hard clams, oysters, shrimp, catfish, trout, and salmon.
Water flows freely over cultivated shellfish
operations. Effluents vary based on the type of
beds and through the mesh netpens on finfish
aquaculture. However, they can include not
farms, spreading farm by-products into the
only nutrients from uneaten feed and waste
surrounding environment. Nutrient loading
products, but also antibiotics, herbicides,
from aquaculture can be significant on a local
hormones, anesthetics, pigments, minerals,
scale. A salmon farm of 200,000 fish releases
and vitamins (Goldburg et al., 2001). The
an amount of nitrogen, phosphorus, and fecal
containment of drugs in aquaculture is more
matter roughly equivalent to the nutrient waste
complicated than in terrestrial livestock opera-
in the untreated sewage from 20,000, 25,000,
tions because drugs typically must be adminis-
and 65,000 people respectively (Hardy, 2000).
tered in water, often as components of fish
Although the Clean Water Act regulates
feed. Therefore, the drugs are directly intro-
the discharge of these kinds and volumes of
duced into the surrounding environment.
wastes from other sources, including city
In certain cases, effluents from fish
sewage systems and concentrated animal
farms may alter the ecosystem by changing
feeding operations (CAFOs), the act’s provi-
the physical and chemical environment. These
sions have not been applied to aquaculture
77
changes affect the composition of species aquaculture farther out to sea in the U.S.
residing beneath netpens or downstream from EEZ—the area with the greatest potential for
facilities (NRC, 1992). expansion. Jurisdiction is divided among a
Just the physical presence of aquaculture number of agencies: The Army Corps of
facilities can disrupt and modify natural habi- Engineers presides over navigable water; the
tats (Goldburg et al., 2001). For example, poor EPA over pollution; the U.S. Fish and Wildlife
siting of aquaculture facilities can obstruct Service over interactions with birds; NOAA
wildlife use of natural surroundings. over fisheries; and the Fish and Wildlife
Service and NMFS split jurisdiction over
marine mammals and endangered species.
THE ROAD AHEAD
The Commission reviewed the development Even where its jurisdiction is clear,
of other marine industries for guidance in the federal government has been slow to
aquaculture. In 1976, Congress passed the provide the necessary guidance to ensure the
Fishery Conservation and Management Act sustainability of aquaculture. The EPA only
(also known as the Magnuson-Stevens Act, or began work on effluent guidelines, required
MSA), a federal law that promoted the devel- under the Clean Water Act, as the result of
opment of the U.S. commercial fishing indus- a lawsuit, and has not yet developed water-
try. However, it provided insufficient protec- quality standards for federal waters. The Army
tion for marine ecosystems. Twenty years later, Corps of Engineers grants permits for aquacul-
when Congress was faced with a crisis in ture sites on a case-by-case basis under
marine fisheries, it passed the Sustainable the Rivers and Harbors Act. However, that
Fisheries Act to begin correcting this oversight. act lacks clear environmental standards.
Today, U.S. fisheries remain in crisis, with Although underway, guidance for the use
extensive closures in formerly major fisheries. and marketing of genetically modified
Marine aquaculture may be able to avoid the organisms is also lacking.
same fate as wild-capture fisheries, but only if The majority of laws and regulations
change begins today. that authorize, permit, or control marine
We have no comprehensive government aquaculture are found at the state level
oversight to minimize ecological harm caused because most facilities are located in
by marine aquaculture. This leaves us ill nearshore, state-managed waters. Few states,
prepared for the industry’s planned fivefold however, have a comprehensive regulatory
expansion. Like the MSA before it, the National plan for marine aquaculture. Notable excep-
Aquaculture Act of 1980 and subsequent tions are Maine, Hawaii, and Florida. There is
amendments promote industry development no formal coordination of coastal aquaculture
without sufficient environmental safeguards. activity among states within a region, yet
Nor do we have a federal framework to aquaculture practices in one state can affect
govern the leasing and development of marine another state’s marine resources.
78
This complex and ineffective mix of ecosystems and provides international leader-
federal and state authority over marine ship by promoting sustainable aquaculture
aquaculture is confusing, difficult for all practices worldwide.
parties—including aquaculturists—to
navigate, and fails to adequately protect SUMMARY OF RECOMMENDATIONS
marine ecosystems. 1. Implement a new national marine aqua-
As a leading importer and consumer of culture policy based on sound conservation
seafood, the United States is in a position to principles and standards.
provide leadership on the international stage, Congress should enact legislation to regulate
encouraging sustainable marine aquaculture marine aquaculture pursuant to sound
practices in other countries. A recent World conservation and management principles.
Trade Organization decision upheld the U.S. The legislation should establish national
prohibition of shrimp imports that are harvest- standards and comprehensive permitting
ed without the use of equipment to protect sea authority for the siting, design, and operation
turtles—a requirement that applies to U.S. of ecologically sustainable marine aquaculture
shrimp fishermen. The U.S. could use this facilities. The lead authority for marine
model to negotiate trade agreements that aquaculture should reside in the proposed
encourage sustainable marine aquaculture national oceans agency or the National
practices—a position that would be strength- Oceanic and Atmospheric Administration.
ened by the adoption of appropriate aquacul- Until national marine aquaculture
ture management measures for U.S. waters. standards and policy are established, the
Over the past several years, a growing administration or Congress should place
body of literature has documented the impacts a moratorium on the expansion of marine
of aquaculture on the environment (Costa- finfish farms. Likewise, until an adequate
Pierce, 2002). Federal agencies are actively regulatory review process is established, the
developing programs to control effluents (EPA, government should place a moratorium on
2000) and to guide offshore aquaculture the use of genetically engineered marine or
development (DOC, 2000). The United anadromous species.
Nations Food and Agriculture Organization
developed Codes of Conduct for Responsible 2. Provide international leadership for
Fishing, which include guidance for aquacul- sustainable marine aquaculture practices.
ture development. The United States should negotiate and
The time is pivotal to provide the guid- work with other nations to establish environ-
ance and tools for this industry to grow in an mental provisions in international trade
ecologically sustainable fashion. The U.S. agreements to encourage ecologically sustain-
should develop a proactive national marine able marine aquaculture practices in the
aquaculture policy that protects marine international community.
79
Chapter Seven
BEYOND OUR BORDERS
Bluefin tuna, Baja California
Richard Herrmann
Let us be good stewards of the Earth we inherited. All of us in South Africa, which called for important
have to share the Earth’s fragile ecosystems and precious steps to be taken by all nations to protect
resources, and each of us has a role to play in preserving the world’s oceans. A Plan of Implementation
them. If we are to go on living together on this Earth, we was agreed upon that calls for the elimination of
must all be responsible for it. destructive fishing practices and subsidies that
Kofi A. Annan
promote illegal fishing and overcapacity, the
Secretary-General of the United Nations
An excerpt from Mr. Annan’s 2001 message for World Environment Day, a establishment of marine protected areas and
worldwide annual celebration that recognizes the commencement of the
sustainable fishing limits, reduction of pollution
United Nations Conference on the Human Environment.
and environmental damage caused by ships,
All life depends on healthy ecosystems. As the and increased monitoring and use of environ-
human population soars toward 8 billion, we mental impact assessments.
are placing an increasing and unsustainable The Pew Oceans Commission, though
strain on our natural resources. The strain is charged with a review of U.S. ocean policies,
reflected in growing conflicts—fishermen com- recognizes the international nature of the crisis
peting for ever fewer fish, states fighting over facing our oceans and believes that the United
water and land rights, oil carefully guarded. The States must demonstrate leadership in the area
more we deplete our living natural resources, of marine protection. We have the largest
the closer we come to crossing thresholds of Exclusive Economic Zone in the world, with a
irreversible damage to those resources and to footprint that stretches across the Pacific Ocean;
the ecosystems that produce and sustain them. what we choose to do in our waters invariably
How many fish can be removed from affects the condition of the global oceans, and
a population before it collapses? How many our interests are readily affected by the actions
populations can collapse before a species goes of others. Many of the Commission’s recom-
extinct? What repercussions will such extinc- mendations—to protect fisheries, reduce the
tions have on other marine species, on human flow of pollution into coastal waters, and pre-
communities, and on nations connected by serve coastal habitat—require action at home
trade? Scientists warn of the danger of crossing and abroad. Only through strong leadership in
these thresholds in marine ecosystems. Once the care of our own waters can the U.S. assert
we do, we cannot go back easily, if ever. moral authority to ensure greater protection of
The declining health of the oceans marine resources abroad.
is a global concern that requires international
action. Therefore, cooperation at the RATIFY CRITICAL
international level is critical to our efforts INTERNATIONAL CONVENTIONS
to address this issue of “natural security.” As first and critical steps, the Commission
In September 2002, this sentiment was clear at recommends that the United States ratify the
the World Summit on Sustainable Development 1982 United Nations Convention on the Law
80
of the Sea (UNCLOS) and the 1992 sea turtles, the World Trade Organization ruled
Convention on Biological Diversity. that the U.S. could impose trade sanctions on
UNCLOS, which entered into force in countries whose shrimp fisheries did not protect
November 1994, is the legal foundation upon sea turtles as well as our domestic fisheries.
which international ocean resource use and In 2000, after a six-year effort by the
protection is built. It addresses fundamental United States and involving 33 Asian and Pacific
aspects of ocean governance, including delim- nations, the U.S. signed the Convention on the
itation of ocean space, environmental control, Conservation and Management of Highly
marine scientific research, economic and Migratory Fish Stocks in the Western and
commercial activities, transfer of technology, Central Pacific Ocean. This convention, which
and the settlement of disputes relating to recognizes the economic importance of the fish-
ocean matters. U.S. ratification would serve to eries to the people of the Pacific Islands,
codify President Ronald Reagan’s establish- includes strong provisions for minimizing the
ment of a 200-mile Exclusive Economic Zone negative impacts of fishing and for protecting
for the United States. As of October 2002, 138 biodiversity. The United States should vigorously
countries had ratified it. implement and fully fund its share of the operat-
The Convention on Biological Diversity ing budget for this Convention.
is the premier international legal instrument These are important steps for the protec-
devoted to biodiversity and ecological tion of highly migratory species, but more
sustainability. It was signed by more than remains to be done, including implementation
150 governments at the U.N. Conference on of the United Nations Agreement relating to
Environment and Development in June 1992, the Conservation and Management of
and entered into force the following year. As Straddling and Highly Migratory Fish Stocks
with UNCLOS, the U.S. has signed, but not and improving implementation and enforce-
ratified, this convention. ment by the International Commission for the
Conservation of Atlantic Tunas (ICCAT).
HIGHLY MIGRATORY SPECIES
The health of highly migratory species in U.S. PERSISTENT ORGANIC POLLUTANTS
waters depends on careful domestic manage- The U.S. has signed the Stockholm Convention
ment coupled with protection by the interna- on Persistent Organic Pollutants (POPs), which
tional community beyond our jurisdiction. The bans the manufacture and sale of twelve of the
U.S. has taken steps at home and in global most harmful toxic chemicals. The treaty
forums to protect species such as marine addresses both manufacturing of persistent
mammals, turtles, seabirds, and tuna. In the organic pollutants and their release through
late 1990s, the federal government used U.S. incineration or leaking. The Commission recom-
conservation standards as leverage in negotiat- mends U.S. ratification of this treaty with a
ing international dolphin and sea turtle conven- mechanism for adding new toxic substances as
tions aimed at reducing bycatch. In the case of necessary for the protection of human health
81
Bill Harrigan/The Waterhouse
Photo © www.brandoncole.com
A coral reef in Florida teems with life (above). Coral reefs support
amazing biodiversity, rivaling that of tropical rain forests. Reefs are
in decline worldwide due to overfishing, pollution, sea-level rise,
coastal development, and bleaching (right) which is caused by ris-
ing sea-surface temperatures.
and the environment. We must also work with practices in other countries.
other countries to reduce the long-distance trans- In some cases, unilateral efforts cannot
port of heavy metals and other contaminants. adequately protect U.S. marine resources.
Protecting our coastal ecosystems from invasion
by some of the thousands of species carried in
SETTING THE EXAMPLE
In order to meet its responsibilities toward its the ballast-water tanks of oceangoing vessels is
ocean resources, the U.S. will need the assis- a good example. It is truly a global problem;
tance of the community of nations. The uniform standards to prevent harmful ballast-
Commission believes, however, that this nation water discharge must be put in place and
must get its own house in order first to provide enforced by all nations. The International
a solid foundation upon which to lead interna- Maritime Organization is currently drafting lan-
tionally. By establishing appropriate standards guage for an international ballast-water manage-
for sustaining marine species and ecosystems, ment regime. The proposed convention would
the U.S. will be in a better position to use trade require control of ballast water and sediments
pressures—as it did successfully to protect sea contained in ballast tanks. Though unilateral
turtles from unsustainable shrimp fisheries—or action might not adequately protect U.S. waters,
participate credibly in negotiations of ocean strong domestic requirements for ballast-water
resource treaties. For example, only by adopting treatment would greatly strengthen our position
strong conservation standards for its domestic in ongoing international negotiations.
aquaculture industry can the U.S. establish the All nations of the world must examine
moral and legal authority to demand protective their ocean policies. If we are to restore the
82
world’s fisheries, reduce pollution, protect bon dioxide, methane, and nitrous oxide, are
marine habitats, and sustain coastal communi- spurring changes with a rapidity rarely experi-
ties, it is time to acknowledge the international enced in Earth’s history. Such high rates of
dimension of ocean resource protection, and to change bring with them great unpredictability.
engage U.S. policymakers and citizens—and In August 2002, The Pew Center on
the international community—to find solutions. Global Climate Change completed a report enti-
The first step is ours to take. tled Coastal and Marine Ecosystems and Global
Climate Change: Potential Effects on U.S.
Resources (Kennedy et al., 2002). It identifies
WILD CARD OF CLIMATE CHANGE
Global air temperature is expected to warm the critical implications of climate change on
21st
by 2.5 to 10.4°F (1.4 to 5.8°C) over the the coastal zone and open ocean.
century, affecting sea-surface temperatures and The authors of this report drew a number
raising the global sea level by 4 to 35 inches of conclusions, which we summarize below.
(9 to 88 cm) (IPCC, 2001). Such climate change
will create novel challenges for coastal and Coral reefs are at particular risk from global
marine ecosystems already stressed by overfish- climate change.
ing, coastal development, and pollution. Recent episodes of bleaching and high mortal-
Based on observations, scientists expect ity of coral animals have been linked to higher
that this rapid climate change will result in the temperatures. Although coral reefs are capable
extinction of some species and serious, if not of recovery from bleaching events, prolonged
catastrophic, damage to some ecosystems. or repeated bleaching can lead to mortality.
Important coastal and ocean habitats, including Recent estimates suggest an increase in mean
coral reefs, coastal wetlands, estuaries, and sea-surface temperature of only 2°F (1°C)
mangrove forests will be particularly vulnerable could cause the global destruction of coral
to the effects of climate change. These systems reef ecosystems (Hoegh-Guldberg, 1999).
are essential nurseries for commercial fisheries Sea-level rise also poses a potential
and support tourism and recreation. Wild fish- threat to coral reefs, which need the light
eries and aquaculture will be affected as well. that penetrates relatively shallow water. The
Climate change will modify the flow of energy problem of sea-level rise is likely to be made
and cycling of materials within ecosystems—in worse by the effects of increased atmospheric
some cases, altering their ability to provide the CO2 on marine chemistry. A doubling of
ecosystem services we depend upon. atmospheric CO2, for example, could reduce
We know that climate change is no coral-reef calcification (i.e., growth) by 20 to
stranger to Earth. Since life began, ice ages 30 percent (Kleypas et al., 1999). Although in
and hot spells have affected the distribution of the past, corals have been able to build their
organisms as well as their interactions. reef masses upward to keep up with rising
However, today human activities that increase sea levels, such slowdowns in growth
the emission of greenhouse gases, such as car- induced by climate change could result in
83
many reefs losing this race. metabolic rates of organisms, leading to
Increased coastal erosion associated greater oxygen demands. At the same time,
with sea-level rise could also degrade water warmer water holds less oxygen than cooler
quality near coral reefs by increasing turbidity water. Therefore, low oxygen conditions—
and sedimentation. Many coral reefs are also which already afflict many coastal areas
vulnerable to other human and natural stres- polluted by excess nutrients washed off the
sors, such as coastal development, overfishing, land—may worsen.
pollution, and marine disease.
Climate change has the potential to benefit
Global climate change is predicted to and to harm aquaculture.
affect precipitation, wind patterns, and Aquaculture could potentially benefit from
the frequency and intensity of storms. climate change, as warmer temperatures tend
These environmental variables are crucial to to increase growth rates. Warming oceans
the structure, diversity, and function of coastal could also allow the culturing of species in
and marine ecosystems. The increase in air areas that are currently too cold.
temperature will directly affect sea-surface However, warmer temperatures could
temperatures and accelerate the hydrological also limit the culturing of some species.
cycle (IPCC, 2001). Unequal heating and Summer mortality is often observed among
cooling of the Earth’s surface drive much of cultivated Pacific oysters on the U.S. West
the world’s winds. The winds could be altered Coast, which could be exacerbated by climate
by surface warming, affecting wind-driven change. Warmer temperatures may increase
coastal and marine currents. Although the the risk of marine disease among cultured (as
impact of climate change on tropical storms well as native) species (Harvell et al., 2002).
and hurricanes remains highly uncertain, max- The implications of climate change for
imum wind speeds could increase by 5 to 20 U.S. aquaculture will likely be heavily
percent (Knutson and Tuleya, 1999; dependent upon the industry’s ability to adapt
Henderson-Sellers et al., 1998). its operations to suit the prevailing climate.
Warming temperatures will influence Temperature changes will drive species
reproduction, growth, and metabolism migration and could change the mix of
of many species in stressful or beneficial species in particular regions.
ways, depending on the species. Higher temperatures would be lethal to some
In any particular region, some species could species at the southern end of their range and
decline while others thrive. Warmer tempera- would allow others to expand the northern end
tures tend to enhance biological productivity, of their range, if they were sufficiently mobile.
which could benefit some U.S. coastal eco- The geographic range of Pacific salmon, for
systems, at least over the short term. However, example, is sensitive to changes in climatic
increases in temperature tend to increase the conditions. Warm waters in the northern
84
Pacific have historically been associated with a Other human adaptations to climate
shift in salmon production from the coast of change, such as the construction of seawalls to
the Pacific Northwest to Alaska’s Bering Sea hold back the sea, could block inland migration
(Mantua et al., 1997; Hare et al., 1999). of wetlands. Gradually, the wetlands would be
Similarly, warm-water fish species on the U.S. inundated by rising seawater. They and their
East Coast expanded north of Cape Cod during ecological services would be lost over time.
the 1950s in response to warmer sea-surface
temperatures (Taylor et al., 1957). Changes in precipitation could flood coastal
Thus, climate change in this century is systems or leave them in drought.
likely to drive similar changes in species distri- Changes in precipitation would affect runoff
butions, with some species contracting their from land, and stratification of the water col-
ranges and others expanding. This would lead to umn, which affects oxygen concentrations in
different mixes of species that could affect pred- deep water. These changes also affect water
ator-prey relationships, species competition, and circulation patterns and associated delivery of
food web dynamics. In addition, it could drive juvenile organisms to nursery areas. In concert
the proliferation of invasive species, including with sea-level rise, increased runoff from land
marine diseases (Harvell et al., 2002). would shrink estuarine habitats, diminishing
Because many of our coastal communities their ability to support coastal animal and
depend upon marine species for their economic plant populations.
livelihood, redistribution will most certainly dis- Increased runoff could also increase the
rupt economies. However, it is impossible to delivery of nutrients and toxic chemicals into
predict how this will affect specific fisheries. coastal ecosystems near urban communities.
This would degrade water quality and increase
Sea-level rise could threaten the survival the risk of harmful algal blooms. Regional
of marshes and mangroves. fishing, hunting, and ecotourism enterprises
As sea level rises, coastal marshes have the could all be affected.
inherent ability to accrete (i.e., grow) vertical- Reductions in freshwater input could
ly through the deposition of sediment carried also increase the salinity of estuarine systems,
downstream by rivers and streams. However, limiting productivity and biodiversity.
climate change is likely to change patterns of Permanent reductions of freshwater flows
rainfall and runoff, which could limit sediment could contribute to major reductions of biolog-
availability. Furthermore, human modifications ical productivity in alluvial bay systems, such
of rivers and streams (e.g., dams) already limit as Gulf Coast lagoons.
sediment delivery in many areas, such as the
wetlands of southern Louisiana (Cahoon et al., Changes in wind patterns could affect
1998). Continuation of this practice could coastal and estuarine circulation patterns
limit the ability of wetlands to keep pace with and upwelling and downwelling of water in
rising sea levels. marine systems.
85
Young organisms of many species, such Natural climate variability, such as El Niño
as blue crab, menhaden, and bluefish, events, results in changes in open-ocean
are transported into or out of estuaries by productivity, shifts in the distribution of
wind-driven, nearshore circulation patterns organisms, and modifications in food webs,
(Epifanio and Garvine, 2001). Changed pat- foreshadowing what would happen if climate
terns would affect the normal life cycle of change accelerated.
these species, and could diminish, if not elim- Natural climate variability exists independent of
inate, local populations. anthropogenic climate change, but may act in
In addition, wind patterns are important tandem with (or opposition to) anthropogenic
drivers of coastal upwelling, which provides climate change. The consequences are difficult
needed nutrients to some regions. Diminution to predict. Climate change could increase the
of this upwelling could reduce the ocean’s frequency, duration, and/or severity of El Niño
productivity in these coastal areas. In contrast, events, which have important ecological effects,
increased productivity should occur in those heightening impacts on human society. In par-
areas that experience increased upwelling. ticular, El Niño events are often associated with
mass coral bleaching, which threatens the long-
Changes in the frequency and intensity term sustainability of these ecosystems
of storms could increase flooding and (Wilkinson, 2000).
threaten coastal aquaculture and fishing
industry facilities. Over the coming century, changes in
Storm events are major drivers of coastal temperature or salinity of North Atlantic
erosion. In addition, hurricane landfalls on water in the Arctic may slow or shut down
the East Coast and in the Gulf of Mexico have the slow-moving thermohaline circulation
historically been associated with significant that delivers cold, dense, oxygenated water
coastal flooding. Hurricanes Dennis, Floyd, to the deep sea.
and Irene cumulatively led to 50- to 500-year This would affect delivery of oxygen and nutri-
floods in North Carolina during 1999. In addi- ents from the ocean surface to the deep ocean in
tion to their impact on humans, these floods coming centuries, with unknown consequences
delivered large amounts of nutrients to the for communities of deep-sea animals.
estuaries that caused oxygen depletion and In addition, this change in circulation
harmful algal blooms (Paerl et al., 2001). could alter the distribution of heat throughout
Coastal aquaculture facilities are the waters and atmosphere of the North
also highly vulnerable to the high winds Atlantic, which would affect the geographic
and storm surges associated with coastal distribution of fisheries.
storms. Although the effects of climate It is possible that other such climate
change for storm events remain uncertain, surprises could manifest in response to climate
the possibility of increased storm intensity change, resulting in rapid, unpredictable
is a significant concern. changes in the marine environment.
86
Climate-induced changes in ocean chemistry carbonate-dependent organisms. Some of
could diminish the abundance of microscopic these highly abundant organisms, such as
open-ocean plants and animals. diatoms and dinoflagellates, produce a chemi-
Model results indicate that a doubling of the cal (dimethyl sulfide) that ultimately helps to
preindustrial atmospheric concentration of cool surface air temperatures. Thus, changes
atmospheric carbon dioxide (currently project- in calcium carbonate chemistry could indi-
21st
ed to occur by the middle of the century) rectly reinforce global warming. Our knowl-
could reduce the amount of calcium carbon- edge of these interactions is rudimentary, mak-
ate in ocean waters by 30 percent (Gattuso et ing it difficult to predict the consequences of
al., 1999; Kleypas et al., 1999). This would any chemical changes.
limit the growth and abundance of calcium
BOX ONE Steve Simonsen/Marine Scenes
ADDRESSING THE EFFECTS OF CLIMATE CHANGE ON OUR OCEANS
The potential effects of climate change offer com- reduce the adverse effects of future climate change.
pelling justification for improvements in the protec- The adaptive and cautionary management approach
tion and management of marine resources. advocated throughout this report is, in essence, the
Commission’s climate change response action plan.
Independent of anthropogenic activities, climate has Recommendations for fisheries, coastal development,
a profound influence on the structure and function pollution control, and governance are all based on
of marine ecosystems. As such, changes in climate the need for a better understanding of, and manage-
(whether natural or anthropogenic) are likely to sig- ment focused upon, coastal and marine ecosystems
nificantly alter these ecosystems—a process that is and all the factors that influence them. Clearly,
already underway (Parmesan and Yohe, 2003; Root et changing climate is among the most significant long-
al., 2003). Failure to account for these changes will term influences on the structure and functioning of
compromise management efforts. those systems, and must be accounted for to ensure
healthy and productive ocean environments. Healthy
Climate change is likely to be an additional stress to ecosystems are also more resilient to all perturba-
marine ecosystems, beyond more traditional con- tions, including climate-induced changes.
cerns, such as pollution, development, and overfish-
ing. Climate change will interact with these stressors The Commission feels strongly that the U.S. and its
in unpredictable ways (i.e., additively, synergistically, global neighbors must do the one thing that can
antagonistically) to influence the future of U.S. directly limit the effects of climate change on the
marine resources. marine environment—reduce our emissions of
greenhouse gases that contribute to this problem.
The recommendations of the Pew Oceans Only then can we assure coming generations and
Commission, if implemented, would address current ourselves that the recommendations we offer will
challenges to U.S marine resources, and would yield the bountiful seas we envision.
87
Chapter Eight
SCIENCE, EDUCATION, AND FUNDING
Near Cape Kumakahi, Hawaii
Ron Dahlquist/rondahlquist.com
s we need to maintain healthy ecosystems
Science must play a key role in advancing
to sustain the benefits they provide society,
marine ecosystem management that is
but we often lack baseline information
integrated, precautionary, and adaptive.
about the history and status of those systems
Donald F. Boesch and others, 2001
Marine Pollution in the United States: Significant
upon which to base management decisions;
Accomplishments, Future Challenges
s human-induced extinctions are occurring
Living oceans cover about 71 percent of the in the oceans, but we have little idea of
Earth’s surface. They are inextricably linked with their scope because virtually all of our data
the land and atmosphere. Ocean currents circu- collection focuses on the relatively small
late the energy and water that regulate the handful of commercially valuable species
Earth’s climate and weather. Thus, the oceans (Carlton et al., 1999);
affect every aspect of the human experience. s we must prevent overfishing, minimize
From surface to seafloor the world’s oceans con- bycatch, and protect habitat to sustain
tain nearly 100 times more habitable space than our fisheries, yet we have not assessed the
terrestrial ecosystems. The life supported in this status of two-thirds of our managed fish
vast realm is believed to reflect genetic, species, stocks, we fail to collect bycatch data in
habitat, and ecosystem diversity that exceeds two-thirds of federally managed fisheries,
that of any other Earth system. The natural and we remain largely ignorant about the
wealth of these systems provides valuable habitat requirements of most valuable
ecosystem services, commodities, and other fishery species;
social and economic benefits. Incredibly, the s toxic pollution can harm individual
oceans are the least studied and understood of animals and biologically significant con-
the Earth’s natural endowments. tamination occurs throughout the nation’s
There has never been a more critical coastal waters, but our understanding of
time for the nation to increase its investment population-level and ecosystem-level
in ocean science and research. We know the impacts is poor.
oceans are in crisis. Unfortunately, as the
nature, scale, and complexity of threats to A NATIONAL COMMITMENT TO INCREASING
marine ecosystems have increased, our nation- SCIENTIFIC CAPACITY
al investment in ocean science and research Forty years ago, our nation made a commit-
has stagnated. For more than a decade, federal ment to space exploration. Today, we know
spending on ocean sciences has hovered near more about the surface of the moon and
755 million dollars annually—less than four other planets than we do about the oceans. In
percent of the nation’s annual expenditure for the late 1980s, we made a 4.5-billion-dollar
basic scientific research. The consequences of commitment to modernize the National
this underinvestment are striking. We know Weather Service with integrated observational
88
systems. Today, our enhanced ability to
predict weather patterns helps to ensure
public safety. We committed these resources
because we believed that high stakes justified
the investment. The stakes could not be higher
Scripps Institution of Oceanography
now in understanding and caring for the
oceans. The nation must increase investment
in ocean science and research, particularly
broader ecological monitoring programs
and investigations.
To support this endeavor, the High seas wash onto the deck of Scripps Institution of Oceanography’s
research vessel New Horizon as scientists work to retrieve a large buoy. The
Commission recommends that Congress at
1,800-pound buoy is anchored to the seafloor by a cable that has instru-
least double funding for basic ocean science ments to measure underwater currents and temperature at various depths.
to 1.5 billion dollars annually, or approxi- For more than a decade, federal spending on ocean sciences has accounted
for less than four percent of the nation’s science budget. The Commission
mately seven percent of the basic federal recommends a doubling of the federal ocean research budget.
research budget.
To adequately describe ecosystems,
At the core of this financial commitment
characterize their threats, and manage for
is a quest for knowledge that can help to sus-
their restoration, we need new cross-discipli-
tain the health, biodiversity, productivity, and
nary scientific programs. Various combinations
resilience of marine ecosystems for future gen-
of expertise—of fishery scientists, marine ecol-
erations. We need a deeper understanding of
ogists, oceanographers, climatologists, marine
the effects of both natural and anthropogenic
mammal and seabird biologists, anthropolo-
change on marine ecosystems as well as of the
gists, economists, sociologists, and histori-
ocean’s interaction with terrestrial ecosystems
ans—can further our understanding.
and the atmosphere.
We need to know as much about people
and economics as we do about the biology and
COLLECTING AND APPLYING
ecology of living marine resources and ecosys-
NEW INFORMATION
tems. Complex interactions between human
Increased capacity is needed in four areas to
and environmental systems must be better
improve applied ocean science and research:
understood. Cooperative research involving the
fishing industry and native communities, that
1. acquisition of new information, knowledge,
offer valuable experiential and traditional
and understanding;
knowledge, should be a central element of a
2. monitoring to evaluate status and trends;
number of these new scientific programs.
3. capability to integrate and synthesize
Given that many coastal and marine
existing and new information;
ecosystems have already suffered high levels
4. sharing of information and knowledge
of degradation, the Commission recommends
with the public.
89
IMPROVING THE USE
the nation embark on a major commitment to
OF EXISTING INFORMATION
develop the relatively new science of marine
Too often the institutions responsible for manag-
restoration ecology.
ing our marine resources fail to adequately use
Monitoring of both human and natural
existing scientific understanding in the decision-
systems must also be increased. Comprehen-
making process. Improving how existing infor-
sive ecosystem monitoring programs such as
mation and knowledge is used is the first and
the California Cooperative Oceanic Fisheries
most important step to improve the scientific
Investigation, the Global Ocean Ecosystem
foundation for ocean and coastal management.
Dynamics Program, the Gulf of Maine Ocean
Uncertainty will always be a defining
Observing System, and the Gulf of Alaska
characteristic of ecosystem-based management,
Ecosystem Monitoring Program should be
just as it has been for single-species manage-
expanded, strengthened, and replicated.
ment. Although some uncertainty can be
A national fishery observer program
reduced with increased monitoring and
should be implemented—employing appropri-
research, a degree of uncertainty is unavoidable
ate, effective alternative monitoring schemes
because of the dynamic and complex nature of
where necessary (e.g., on smaller boats that
marine ecosystems and the many influences
cannot safely accommodate an observer)—
upon them. Thus, decisions about marine
accompanied by vessel monitoring systems
ecosystems should take into account the risks
and electronic data reporting for real-time
inherent in making incorrect decisions.
data management. Social and economic
The Commission believes this is best
assessment and monitoring programs for
accomplished by incorporating the precaution-
human systems—the behavior of people,
ary approach as a core principle of national
communities, and institutions—must
ocean policy. In cases where information is
be increased.
uncertain or inconclusive, the need to protect,
We need new research and monitoring
maintain, and restore the health, integrity, pro-
programs to improve the timely collection,
ductive capacity, and resilience of marine
compilation, and analysis of data. An improved
ecosystems should always be the top priority for
ability to integrate and synthesize information
managers. This guiding philosophy is intended
will allow scientists to more accurately predict
to prevent irreversible changes to marine
the consequences of different courses of action.
ecosystems as a result of over-exploitation or
This involves developing the next generation of
habitat destruction.
ecosystem models that incorporate the influ-
The Commission also believes that to
ences of trophic interactions, environmental
assure the independence and integrity of scien-
variability, and human activity. Finally, new
tific advice, scientific work needs to be insulat-
scientific programs should utilize adaptive
ed from political and economic pressures. This
management to assess results, learn from
may require reorganizing the institutional rela-
experience, and adjust incentives, regulation,
tionship between scientific research and
and management accordingly.
90
resource management in some programs (for
more detailed discussions of this concept, see
Sissinwine and Mace, 2001; Hutchings et al.,
1997). Nowhere is this need more evident than
in fisheries management, where the Commission
recommends separating science-based conser-
vation decisions from economic and political
Franklin Viola/violaphoto.com
allocation decisions.
The creation of a mechanism or insti-
tution to provide independent scientific over-
sight would help ensure that scientific advice
provided to ocean resource managers is com-
A mother and her young son experience the wonders of
prehensive and current.
marine life at Hanauma Bay, Hawaii. The Pew Oceans
The Commission further recommends Commission calls for a new era of ocean literacy that
prepares today’s children to be tomorrow’s stewards.
that a comprehensive ocean research and
monitoring strategy be developed and imple- The federal government is only one part
mented by the national oceans council, the of this effort. As the Commission traveled
establishment of which the Commission rec- around the country, it saw people across all lev-
ommends in Chapter 2. els of government and in many professions pro-
moting ocean literacy.
During the Commission’s visit to
NEW ERA OF OCEAN LITERACY
If we are to succeed in implementing a new Charleston, South Carolina, Mayor Joseph Riley
national ocean policy to restore and maintain and fellow commissioners joined students from
ocean ecosystems, we will need more than Memminger Elementary School to learn about
new laws and institutions. We must build a sharks. Using a live link with scientists from
national constituency for the oceans that Mote Marine Lab in Florida, students were able
includes all Americans, whether we live along
the coast or in the Rocky Mountains. We must
prepare today’s children to be tomorrow’s
ocean stewards.
Deb Antonini/Pew Oceans Commission
The Pew Oceans Commission calls for a
new era of ocean literacy that links people to
the marine environment. Through enhanced
marine education and awareness, we can
inspire the next generation of scientists, fisher-
men, farmers, business and political leaders—
Mayor Joseph Riley (above) participates in a discussion about
indeed all citizens—with a greater understand-
sharks with students from Memminger Elementary School during
ing and appreciation for the oceans. the Commission’s visit to Charleston, South Carolina.
91
to learn about some of the myths associated with partnerships between the public and private
sharks and the threats to their survival. sectors to provide teachers with the materials
During the Commission’s visit to and training they need to bring the oceans into
Hawaii, several commissioners appeared on the classrooms. The Commission urges the
the public education television program, national oceans agency to take a stronger role
KidScience. They met schoolchildren learning in building ocean literacy throughout the
about the oceans and offering their solutions country, similar to NASA’s outer space educa-
to the problems of pollution, habitat loss, and tion programs. The Commission challenges
overfishing. To build on that experience, the academic institutions to increase enrollment in
Commission collaborated with KidScience on ocean sciences at the postgraduate levels. It
a four-part, nationally televised program that supports the ongoing efforts of aquariums and
brought the oceans into thousands of class- science centers to connect the public with the
rooms across the country, with links to the ocean realm and instill greater awareness for
South Carolina Aquarium, the Aquarium the public’s role in ocean protection.
of the Americas in New Orleans, and the With all other concerned citizens,
Monterey Bay Aquarium. the Commission welcomes a new era of
The Commission’s experiences point to ocean literacy.
an important opportunity to use the ocean
world to advance public scientific understand- FUNDING GOOD OCEAN GOVERNANCE
ing in such disciplines as biology, chemistry, Relative to the size of the public’s ocean
physics, geology, mathematics, and engineer- domain and to its value to society, the United
ing. We saw outstanding examples of aquari- States has substantially underinvested in
ums and science centers helping the public understanding and managing our oceans.
connect with the marine world. In California In fiscal year 2001, the United States spent a
alone, the major aquariums attract as many as little more than 3 billion dollars to manage
six million visitors each year. natural resources in 4.5 million square miles
Restoring and sustaining the oceans of U.S. ocean waters, an area 23 percent
require broad public support. This support larger than the landmass of the United States.
begins with greater awareness of just how By contrast, the federal government spent
valuable—and vulnerable—the oceans are. It more than 10 billion dollars to manage the
is time to make a nationwide commitment to one million square miles of federal public
teach and learn about our oceans. lands—and their natural resources—in the
The Commission encourages greater col- same year.* We are now spending 14 billion
laboration among all levels of government and dollars every year on space exploration, but a
*Consists of the fiscal year 2001 budgets of the Bureau of Land Management, Fish and Wildlife Service, National Park
Service, and the U.S. Forest Service, with funding for state and private forestry initiatives backed out. This figure is
conservative because it does not include the substantial expenditures for management of public lands administered
by the Department of Energy, Department of Defense, and other agencies.
92
plan recommended by a blue-ribbon panel
calling for 75 million dollars per year for
ocean exploration has so far been funded at
only 4 million dollars annually.
In this report, the Commission urges the
George Grall/National Geographic Image Collection
nation to adopt a new national ocean policy
based on precaution, ecologically sustainable
use of marine resources and habitats, and
management on a regional ecosystem basis.
It recommends new laws and institutions,
better implementation of existing law, and
expanded scientific research. None of this can
happen without a substantially greater finan-
cial commitment. If properly executed, this Gulls near Cape Charles, Chesapeake Bay
investment will be paid back in the form of
restore California’s Sacramento River Delta is
abundant living ocean resources, prosperous
20 billion dollars. The Chesapeake Bay
fishing communities, and clean coastal
Program receives about 25 million dollars
oceans. For example, data compiled by the
annually from the federal government, with
National Marine Fisheries Service indicate that
the participating states contributing more than
restoring our fish stocks could yield an addi-
100 million dollars each year for various
tional 1.3 billion dollars annually from the
programs related to the health of the bay. Yet,
increased supply of seafood alone. Without an
this program barely holds its own with the
increased financial commitment to our
continued growth and development of the
oceans, we risk further decline in ocean
Chesapeake Bay watershed.
ecosystem health and serious consequences
Another approach to estimating costs is
for human well-being far into the future.
to look at the number of areas likely to need
some degree of restoration. A 1999 study by
A SENSE OF SCALE
NOAA looked at 138 estuaries along the coast
It is difficult to estimate how much all this will
of the conterminous United States and found
cost. Current coastal ecosystem restoration
that 44 estuaries exhibited signs of eutrophica-
efforts around the country provide some sense
tion and another 40 estuaries had moderate
of scale. The effort to partially restore the
degradation. If Chesapeake Bay is an indica-
Florida Everglades, for example, is estimated
tor, it will likely cost in the range of 10 to 100
to cost at least 7.8 billion dollars over the life
million dollars annually to address the
of the project, half of which would be federal
complex interactions of overfishing, land use,
funds. A nascent effort to reduce land loss in
and point and nonpoint source pollution that
the Mississippi River Delta is estimated to cost
lead to coastal environmental degradation in
14 billion dollars. The estimated cost to
93
The Commission also recommends a
doubling of our nation’s commitment to
marine research, which would require an
additional 800 million dollars annually.
The Commission recommends that ini-
tial expenditures include an increase in the
NOAA budget from 3 billion dollars to 6 bil-
lion dollars over the next five years. This
Kip F. Evans/National Geographic Society
increase should allow NOAA to provide the
regional ocean ecosystem councils with 1 to 2
billion dollars annually. The regional ecosys-
tem councils should use these funds for moni-
toring, assessment, and characterization of
marine ecosystems, developing and imple-
menting comprehensive regional ocean gover-
Scientist and crew from the NOAA ship McArthur deploy a DeepWorker
nance plans, and coordinating among all lev-
submersible for an exploratory mission in the Gulf of the Farallones National
Marine Sanctuary. els of government with jurisdiction over activi-
each estuary. Picking a conservative value of ties affecting the oceans.
10 million dollars per year per estuary, it In addition, significant increases in
would require about a billion dollars annually funding will be needed for interagency coordi-
just to address eutrophication in the lower 48 nation and consultation to ensure that the fed-
states. Additional investment will be required eral government is carrying out the National
to prevent degradation of coastal and ocean Ocean Policy Act.
waters that are currently relatively pristine.
Based on the scope and the scale of PAYING FOR IT
ocean and coastal environmental problems, Because it is in the national interest to protect,
the Commission estimates the need for at least maintain, and restore our oceans, it is appro-
an additional 2 to 5 billion dollars annually to priate that the federal government pay a signif-
s establish regional ocean governance icant share of these costs. However, the states
councils; must also participate, as they will share in the
s assess the status of large marine ecosystems; benefits of healthy marine ecosystems. The
s develop and implement regional ocean main source of new federal funding will prob-
governance plans; ably be general revenue. However, revenue-
s coordinate with ongoing programs at generating programs that specifically address
all scales; ocean-related industries and services can also
s undertake habitat protection and restoration be put in place.
on the scale needed to restore and maintain The establishment of a permanent,
the health of our oceans and coasts. dedicated federal fund for habitat protection,
94
restoration, and wildlife conservation would fishery and the type of processing. In 2000,
provide a much-needed supplement to annual commercial landings from all U.S. fisheries
appropriations for protecting and enhancing were valued at 3.5 billion dollars. Thus, a one
coastal ecosystems. Congress is currently con- percent tax on commercial landings would
sidering proposals that would provide states and generate 35 million dollars in revenue.
local jurisdictions with more than 3 billion dol- To ensure that the revenue generated
lars annually for wildlife conservation, habitat from the public resource is reinvested in
protection, and other activities. The Commission that resource, any revenue generated by
feels that funding of this type could pay for a collecting rents, royalties, or taxes on seafood
substantial portion of state and local activities should be deposited in a permanent, dedicated
required to protect and restore our oceans and fund for fisheries conservation, research,
coasts, but that Congress should structure this and management.
funding in a way that does not provide incen- Fees collected for use of ports and
tives for new offshore oil and gas activity. shipping channels presents another possible
Additional revenue to offset the costs of revenue-generating mechanism. The mainte-
managing fisheries and other living marine nance of ports and shipping channels, while of
resources could be derived from a variety of great economic value to the nation, has sub-
possible sources. One approach is to require stantial environmental costs. Additional fees
some form of payment by the private users of should be paid by the shipping industry to
public ocean resources. When public access to address these impacts on the coastal
a fishery will be limited, as in fisheries managed environment. The Harbor Maintenance Tax
by individual quotas, seeking some form of has for many years generated substantial
compensation for access to the resource is par- revenue for port and channel maintenance and
ticularly attractive. One approach is to auction deepening. This tax (sometimes referred as a
quota shares for limited-access fisheries based “fee”), which is collected on the value of mar-
on royalty bids. Auctions based on a percentage itime cargo passing through our ports, has been
of value of the actual catch (a royalty) requires curtailed after collecting the tax on exports was
no cash up front, is self-correcting for poor fish- found to be unconstitutional. The European
ing seasons, and could be structured to allow Union is now challenging its application to
family fishermen to remain competitive in imports as a discriminatory trade practice.
the bidding process. A new channel maintenance fee based
Another approach is to collect resource on the draft of vessels, which ultimately drives
rents through some form of landings tax. The channel-deepening efforts, could be devised
state of Alaska assesses a tax on processors of to provide a significant, and legal, source of
Alaska seafood that generated 32.5 million funding. Such fees could make channel-deep-
dollars in 2002 (ADR, 2002). The tax rate ening projects, where needed, self-financing,
varies between one and five percent of the and provide an ongoing source of revenue for
value of unprocessed fish, depending on the environmental mitigation and enhancement.
95
INCENTIVES MAKE SENSE and municipalities to reduce automobile
In the chapters on coastal development and pol- dependency and mitigate impacts of transporta-
lution, the Commission has recommended that tion projects. The reauthorization of this legisla-
the current structure of federal development and tion provides opportunities to link transporta-
agricultural subsidies be examined to ensure tion funding with improvements in land use
that federal dollars are not exacerbating damage and water quality. States should be given
to coastal ecosystems. Specifically, the greater flexibility to use state revolving-fund
Commission recommends that federal funds for money under the Clean Water Act to reduce
agriculture, highway construction, and other polluted runoff. These are just a few examples
development should be contingent on progress of how long-established spending patterns
toward compliance with the Clean Water Act. and programs can be shifted to provide sub-
But this approach should not be based solely, or stantial capital for environmental restoration
even primarily, on disincentives. The substantial and protection.
subsidies provided in these areas should be We have done great damage to our
increasingly redirected toward positive actions. oceans and coasts, and we now know that
Many positive changes are already taking environmental damage imposes substantial real
place, such as enhancements to habitat protec- costs to society in the form of lost ecological
tion and restoration programs in the Farm Bill. and economic goods and services. Repairing
The Water Resources Development Act, which this damage will not be easy or inexpensive,
funds Army Corps projects, should devote but it is incumbent on this generation to repair
increased funding to prevent and restore envi- the damage done by it and its predecessors so
ronmental damage. The Transportation Equity that future generations are not forced to bear
Act of 2001 has provided flexibility for states that burden.
Tom & Pat Leeson
Although protected from hunting that nearly drove them to extinction, sea otters face threats from coastal pollution,
habitat disturbances, and the ripple effects of overfishing on ocean food webs.
96
Chapter Nine
CONCLUSION: CHARTING A NEW COURSE
Point Sur Lighthouse
© Kip F. Evans
Over the past two years, the Pew Oceans We take our oceans for granted. We must view our
Commission has heard from thousands of oceans as a public trust, and handle them in a way
Americans from Maine to Hawaii, the Gulf of that ensures that living marine resources are there
Mexico to Alaska. We have considered the lat- for our children and for future generations.
est scientific information regarding our Leon E. Panetta
Chair of the Pew Oceans Commission
oceans. In the midst of unease and even alarm An excerpt from Mr. Panetta’s testimony before the
U.S. Commission on Ocean Policy, Washington, D.C.
about our oceans, we have heard expressions
October 30, 2002
of hope and seen signs of success. Marine life
weathered storms for centuries with simple
rebounds within marine reserves where hooks
tools, our nation can navigate today’s troubled
and nets are forbidden. Striped bass, severely
seas. We know what we need: a compass, a
depleted along our Atlantic shores, made a
chart, and the wind in our sails. That compass
remarkable comeback when given a chance.
is a strong ocean ethic, the chart is a new
Seabirds, kelp beds, and fish communities
legal framework, and the wind is our national
returned to the coastal waters off Los Angeles
will. The commitment of leaders and citizens
after waste discharges were reduced.
alike is needed to steer us to healthy oceans.
But such successes will remain the
exception rather than the rule until we chart a
THE COMPASS: AN OCEAN ETHIC
new course for ocean management.
In recent decades, our nation has made great
Our country must articulate a clear,
strides in environmental and natural resource
strong commitment to our oceans. As mariners
protection. We fought back at the sight of lit-
ter, fouled rivers, and sooty air. We discovered
a national conscience and articulated an
environmental ethic.
Our vast oceans—the final frontier on
this planet—are now showing the same signs of
stress that mobilized our nation 30 years ago.
Pollution, poorly guided development, and
habitat-destroying fishing practices are a sam-
pling of humanity’s heavy hand on the oceans.
We are altering ecosystems and their capacity
to support marine life, as well as their ability to
© Kip F. Evans
provide the goods and services that we have
grown to expect without thinking, just as we
Rising some 400 feet above the crashing surf of the Pacific Ocean, take for granted the beating of our hearts.
the Point Sur Lighthouse alerts ships to the dangers of the treach-
Extending strong environmental protec-
erous Big Sur coastline.
97
tion to the oceans is both a practical measure
to preserve the ecological benefits that we
require as a species and our moral obligation
as the stewards of our planet.
It is time we apply this ethic to our
oceans, our country’s largest public resource.
THE CHART: DEFINING A NATIONAL
OCEAN POLICY
© Lou Jawitz.com
A mariner turns to the charts in preparation
for a voyage. Likewise, it is time for America
to lay out a new policy that guides the nation
toward healthy oceans. Sailboat off Newport, Rhode Island
Congress and the President should
begin by enacting a National Ocean Policy ocean. We should identify those areas critical
Act, significantly adjusting our nation’s atti- to the functioning of productive coastal and
tude toward the sea and establishing the stan- marine ecosystems and place these areas
dards and expectations necessary to achieve off limits to harmful activities.
healthy, productive, and resilient marine The United States should restore its
ecosystems. This action will facilitate a host of degraded marine ecosystems actively and
other changes including necessary adjustments aggressively. These systems are tremendously
in existing fisheries, pollution, and coastal valuable. Although most areas will never
management policies to protect ocean health. return to a pristine condition, we can at least
Achieving the Commission’s vision for restore the function and productivity of many
our oceans requires action in the following of these systems.
critical areas: do no more harm to the oceans,
protect pristine areas, and restore degraded THE WIND IN THE SAILS: LEADERS AND
marine ecosystems. To do no more harm, we CITIZENS ALIKE
must stop excessive fishing of already over- Even with a new sense of direction and a
fished stocks, end wasteful bycatch and chart to guide us, we still need the power to
unnecessary habitat damage from fishing gears make it happen. Charting a new course for the
and practices, reduce the polluted runoff from oceans will not be easy. It will take the time
our city streets and farmlands, and curtail and dedication of countless individuals to
harmful development practices that degrade work for—and demand—healthy oceans for
water quality and destroy coastal habitat. our children and for ourselves.
We must place a premium on protecting A legacy of healthy oceans requires a
and maintaining those areas that are relatively national commitment from government, the
healthy and pristine, both on land and in the private sector, and citizens alike. The commit-
98
ment must start with leadership from the vative effort will accomplish what the
President and Congress taking action on the Commission’s work alone cannot—compel
necessary reforms to national laws and policies. action through leadership, not crisis.
Our governors should reinvigorate state efforts This Commission has a vision of how the
and expand the partnership with the federal health of our oceans and coasts can be restored
government for coastal protection and manage- and protected. It is a vision based on the princi-
ment begun 30 years ago. Finally, we need a ple that we must treat our oceans as a public
commitment from industry to reform its prac- trust to be managed for the common good. It
tices and from individuals to take responsibility recognizes that the land and ocean are interre-
for the impact of their choices on our oceans. lated and that we must work regionally and
locally to protect our ocean ecosystems and the
watersheds that sustain them. The outcomes of
A NATIONAL COMMITMENT
this vision are healthy and plentiful marine life,
TO MARINE ECOSYSTEMS
We confront an ethical, environmental, and thriving fishing communities, clean beaches and
economic challenge that requires our nation coastal waters, and healthful seafood.
to realign its posture toward the sea. Changing We invite the American public to join
our policy course requires knowing where we with us to launch a national effort in behalf of
want to go, applying the great energy required future generations—to understand, restore,
to overcome inertia, and taking action in time and protect the bountiful life and habitats in
to avert disaster. Only a concerted and inno- our vast ocean and coastal waters.
Photo © www.brandoncole.com
Orca, North Pacific Ocean
99
Part Three
DETAILED RECOMMENDATIONS
California garibaldi in a kelp forest, Santa Catalina Island, California
101
© Chuck Davis/www.tidalflatsphoto.com
Chapter Ten GOVERNANCE FOR SUSTAINABLE SEAS
© Lou Jawitz.com
1. DEVELOP A NEW NATIONAL information, exercise precaution in favor
OCEAN POLICY. of conservation.
s Use the best available scientific, social, and
Enact a National Ocean Policy Act.
s Congress should enact a National Ocean economic information to make decisions.
s Support research and education to
Policy Act (NOPA) that, at a minimum,
• addresses geographic and institutional improve basic understanding of marine
fragmentation by providing a unifying ecosystems, and apply this information
set of principles and standards for to ecosystem management.
governance;
• establishes processes to improve coordi- Through NOPA, establish the following
nation among governments, institutions, standards to guide ocean governance.
s Actions affecting United States’ ocean
users of ocean resources, and the public;
• provides adequate funding to accom- waters or ocean resources must be
plish these goals. conducted in a manner consistent with the
protection and maintenance of healthy
marine ecosystems† and the restoration of
Through NOPA, reformulate national ocean
policy to make healthy marine ecosystems degraded marine ecosystems.
s Any action that may significantly affect
the priority.
s Establish the main objective of the new United States’ ocean waters or ocean
national policy as the protection, mainte- resources will not be permitted unless
nance, and restoration of the health of and until it is demonstrated that the action,
marine ecosystems. individually or in combination with other
s Require that marine resources be used actions, will not significantly harm a marine
in an ecologically sustainable manner.* ecosystem, nor impede its restoration.
s Manage ocean activities consistent with
the protection, maintenance, and restora- Establish a strong implementation and
tion of marine biological diversity. compliance regime.
s In the case of uncertain or inadequate s Any federal agency proposing an action
*The Commission recommends defining ”ecologically sustainable” to mean maintaining biological diversity, or ecosystem
structure and functioning from one human generation to the next, so as not to deny future generations the goods and ser-
vices provided by marine ecosystems that are enjoyed today (adapted from the Convention for the Conservation of Antarctic
Living Marine Resources).
†”Healthy marine ecosystem” refers to the capability of an ecosystem to support and maintain a productive and resilient
community of organisms that has a species composition, diversity, and functional organization comparable to the natural
habitat of the region. Such an ecosystem is capable of providing a range of ecological goods and services to people and other
species in amounts and at rates comparable to those that could be provided by a similar undisturbed ecosystem.
102
(including a license or permit) that is likely to incorporate new scientific informa-
to significantly affect U.S. ocean waters tion or sound management concerns.
or ocean resources must consult with the
head of the National Oceans Agency. The councils are charged with developing
The agency head will determine whether regional ocean governance plans.
s Enforceable regional ocean governance
the proposed action is likely to harm the
health of a marine ecosystem. If so, the plans should be developed in compliance
ocean agency head will recommend with NOPA to protect, maintain, and
changes to the proposed action to bring it restore marine ecosystems. At a minimum,
into compliance with the national stan- these plans should address
dards. • management of living marine resources;
s Each agency proposing an action is • protection of habitat;
ultimately responsible for compliance • protection of water quality;
with the national policy and standards. • management of development affecting
marine ecosystem health.
s Regional plans are subject to the approval
2. IMPLEMENT REGIONAL
of the new federal oceans agency.
OCEAN GOVERNANCE.
Establish regional ocean ecosystem coun-
cils. Regional councils should be representative
s As part of the National Ocean Policy Act, and democratic.
s Federal, state, and tribal authorities
Congress should establish regional ocean
ecosystem councils that focus on the with jurisdiction over ocean space and
state/federal relationship at the regional resources in a region constitute the execu-
scale and consist of appropriate federal, tive decision-making core of regional
state, and tribal representatives. ocean ecosystem councils.
s The major task of the regional councils is s Participation by the broadest possible
to develop and oversee the implementa- range of stakeholders—including local
tion of comprehensive regional ocean gov- government officials, fishermen and other
ernance plans. ocean resource users, and the general pub-
s The councils’ geographic boundaries lic—should occur through a robust and
should be defined by statute and estab- influential advisory process.
s Regional plans are required to be consis-
lished initially to coincide with the
jurisdictional boundaries of the regional tent with the national policy and standards
fishery management councils established of NOPA.
by the Magnuson-Stevens Act.
• Boundaries may be adjusted within a Regional ocean governance plans should
few years, and as necessary thereafter, be based on science.
103
s Councils should establish a science s States are required to comply with
advisory committee to provide indepen- enforceable policies of approved plans.
s The federal government can preempt
dent advice and, where appropriate,
peer review. state actions not in compliance with a
s Regional ocean governance plans should regional plan.
s Third parties, through citizen suits
assess the history and state of the marine
ecosystems in the region, including influ- under NOPA, can sue in federal court
ences from adjacent terrestrial ecosystems. to compel compliance of any party
s Plans should identify key threats to marine (including the regional ocean ecosystem
ecosystem health in the region and gaps council as an entity) with a regional
in knowledge and information. ocean governance plan.
s Plans should provide for the development s Default regional plans, developed by the
and monitoring of criteria and indicators lead federal oceans agency, should be
of the health of marine ecosystems in imposed in the event that a regional ocean
a region. council fails to develop an approvable
s Plans should establish clear and measura- plan within a reasonable time.
ble management and restoration goals for
marine ecosystem health. Regional ocean ecosystem councils should
coordinate with regional fishery manage-
Council plans should be clearly ment councils and other relevant entities.
s Regional ocean councils should review
enforceable.
s NOPA requires federal agencies to comply proposed state, federal, and regional gov-
with enforceable policies of an approved ernment actions and advise the agencies
regional ocean governance plan. proposing these activities on consistency
s The consistency authority of the Coastal with regional ocean governance plans.
s Regional ocean councils should coordinate
Zone Management Act should be expand-
ed to include regional ocean governance among these authorities to ensure that
plans. This will allow states to hold federal ecosystem health is taken into account at
actions to consistency with regional ocean all levels of government.
s Regional ocean councils should leave day-
governance plans.
s States can appeal federal actions not in to-day management to the appropriate
compliance with a regional plan to the authorities. For example, federal fisheries
National Oceans Agency and/or seek management would remain the purview of
injunctive relief in federal court. the National Marine Fisheries Service and
s Regional councils should assign clear roles the appropriate regional fishery manage-
and responsibilities among authorities. ment council.
104
s The National Marine Fisheries Service and • greater say-so in the management of
the fishery management councils marine resources throughout the
must ensure that their actions are consis- Exclusive Economic Zone.
tent with applicable regional ocean
governance plan(s). Regional ocean ecosystem councils should
s The regional ocean ecosystem councils’ use zoning as part of their regional gover-
role would be to consult with these entities nance plans.
s Regional councils should utilize ocean
regarding ecosystem concerns related to
fisheries management, and to periodically zoning to improve marine conservation,
assess overall progress toward achievement actively plan ocean use, and reduce
of the goals and policies of the regional user conflicts.
ocean governance plans. s Regional ocean governance plans should
s Regional ocean governance plans need to consider a full range of zoning options.
be informed by the expertise and latest This includes marine protected areas, areas
thinking of fishery management councils, designated for fishing, oil and gas develop-
metropolitan planning organizations, ment, as well as other commercial and
national estuary and watershed councils, recreational activities.
s Ocean zoning should be implemented
and other local and regional authorities.
using a sequential building-block
Strong incentives for participation approach, starting with priority areas and
should be provided. essential components—such as marine
s Substantial federal funding should be pro- reserves—first.
vided for the development and implemen- • Initially, area-based management should
tation (including enforcement) of regional begin with coordinating existing zones
ocean governance plans, the operation of in the ocean, such as areas closed to
regional ocean councils, and for ongoing fishing, shipping lanes, and areas for oil
monitoring and assessment. and gas extraction.
s States should be required to provide some • During this period, at a minimum, the
level of matching funds. legislative moratorium that prohibits oil
s Nonfinancial incentives for state and local and gas development in certain ocean
government include areas should continue. Thereafter, any
• improved resource productivity through Congressional action to revise the
comprehensive, ecosystem-based man- moratorium should take into considera-
agement from 0 to 200 miles offshore; tion the recommendations contained in
• harmonization of state and federal the regional ocean governance and
management of marine resources; zoning plans, and should be consistent
105
with the national ocean policy of pro- conservation and management planning
tection and maintenance of healthy and implementation authority to establish
ocean ecosystems. marine reserves or networks of marine
• Over the next decade, ocean zoning reserves within designated marine protect-
should be applied more broadly on a ed areas (i.e., the National Marine
regional basis to comprehensively plan Sanctuaries Program, National Parks,
and manage all activities in the oceans. National Wildlife Refuges).
The new national oceans agency should
3. ESTABLISH A NATIONAL SYSTEM
manage the national system of marine
OF MARINE RESERVES.*
Congress should provide a mandate and reserves.
s The agency should be responsible for the
authority for designating a national system
of marine reserves. development, implementation and man-
s The regional ocean ecosystem councils agement of reserves created under new
should be empowered to designate areas authority in federal waters and for the
of regional importance as marine reserves coordination of federal agencies managing
or networks of marine reserves. These marine reserves under existing authority.
s The agency should work with the states
reserves should reflect regional priorities
and protect significant species and habi- and regional ecosystem councils to co-
tats. manage reserves that contain federal and
s Congress should direct the national oceans state waters and coordinate with other fed-
agency, working in coordination with eral agencies, such as the Department of
regional ocean ecosystem councils, to the Interior, where federal land is adjacent
establish an inventory of potential reserves to protected waters.
and nominate areas for Congress to con-
sider including in the national reserve sys- A national system of marine reserves
tem. should encompass significant portions of
s Congress should designate areas of special ecosystems and multiple habitats, includ-
national significance as marine reserves. ing both benthic and pelagic components.
Continue efforts to establish marine The establishment of marine reserves
reserves under existing authority. should not await action on a comprehen-
s Federal agencies should use their existing sive ocean zoning program.
*A marine reserve is a type of marine protected area in which all extractive, additive, or ecologically destructive
human activities are prohibited on a lasting basis, except as necessary for evaluation of reserve effectiveness and
appropriate research. Destructive human activities include, but are not limited to, those that alter habitats, harm or
kill organisms, or change the dynamics of the ecosystem.
106
4. ESTABLISH AN INDEPENDENT 5. ESTABLISH A PERMANENT NATIONAL
OCEANS AGENCY. OCEANS COUNCIL.
Congress should establish a National Establish by statute a permanent national
Oceanic and Atmospheric Agency as an oceans council within the Executive Office
independent agency outside the of the President. Its objectives will be to
s provide well-structured interagency
Department of Commerce.
s The agency’s main objective is to coordination on oceans issues and
oversee the implementation of NOPA resolve interagency disputes on NOPA
on a national scale. implementation;
s This agency should consist, at a minimum, of s facilitate coordination among federal
• the current bureaus and programs of programs that have substantial effects
NOAA;* on the ocean but are outside the national
• the ocean minerals program of the oceans agency. These include defense
Minerals Management Service operations, programs affecting coastal
(Department of the Interior); water quality at USDA and the Department
• the marine mammal and seabird juris- of Transportation, and the conduct of
diction and programs of the U.S. Fish international ocean policy at the State
and Wildlife Service (to place all ocean Department;
s make recommendations to the President
wildlife under the jurisdiction of the
oceans agency); regarding resolution of interagency disputes
• the Chesapeake Bay Program and the that cannot be resolved by the council;
s ensure that all agencies are complying
National Estuaries Program at EPA;
• coastal and marine components of EPA’s with the National Ocean Policy Act;
s coordinate and certify agency ocean budg-
Environmental Assessment and Monitor-
ing Program (to create a unified coastal ets regarding national ocean policy.
and marine monitoring capability);
• aquaculture programs for marine Implement a Council structure that
species at USDA; empowers the new national oceans agency
• shoreline protection (beach renourish- to lead on ocean issues.
s Designate the head of the national
ment and coastal erosion prevention)
activities of the Army Corps of oceans agency as chair of the new national
Engineers. oceans council.
*Since the U.S. Coast Guard has been transferred to the new Department of Homeland Security, the Commission decided not
to recommend that it be included in the new national oceans agency. However, the Coast Guard’s environmental enforcement
and oil and hazardous materials spills responsibilities are important safeguards for the nation’s marine resources, and it will be
vital that the Coast Guard continue to uphold these missions within the new department. The Coast Guard’s presence on the
water will likely increase because of national security concerns, which may result in greater opportunities for fisheries and envi-
ronmental monitoring and enforcement.
107
s Specify council membership by law to Executive Office of the President. The
include position should be required by law and
• Secretary of the Interior; the national oceans adviser should
• Administrator of the EPA; • be named executive director of the
• Secretary of State; national oceans council;
• Secretary of Defense; • have a small staff to service
• Secretary of Agriculture; the council;
• Secretary of Transportation; • advise the President on ocean issues
• Secretary of Homeland Security; in general, matters related to the
• Director of the Office of Management National Ocean Policy Act, and actions
and Budget; of the council.
s Establish a Deputies Committee at the
• Director of the National Science
Foundation; assistant secretary level for day-to-day
• Other department and agency heads implementation of policy, to prepare issues
who from time to time are directed by for the council, and to oversee implemen-
the President to attend. tation of council and presidential deci-
s Establish a position of national oceans sions. The national oceans adviser should
adviser to the President within the chair the Deputies Committee.
Joel W. Rogers
West Point Lighthouse, Seattle, Washington
108
Chapter Eleven
RESTORING AMERICA’S FISHERIES
Lobster buoys in York, Maine
Deb Antonini/Pew Oceans Commission
Congress should amend the Magnuson-Stevens Develop specific, measurable criteria and
Act and other applicable fisheries laws to codify indicators for the health and integrity of
the following recommendations as national marine ecosystems.
s Conduct a Committee of Scientists process
marine fishery policy.
similar to that followed under the National
Forest Management Act.
1. REDEFINE THE PRINCIPAL
OBJECTIVE OF AMERICAN MARINE
FISHERY POLICY TO PROTECT 2. SEPARATE CONSERVATION AND
MARINE ECOSYSTEMS. ALLOCATION DECISIONS.
s The principal objective of American fishery Create a clear separation between conser-
policy should be to protect the long-term vation and allocation decisions in the fish-
health and viability of fisheries by protect- ery-management planning process.
s Core conservation decisions should be
ing, maintaining, and restoring the health,
integrity, productive capacity, and made by the NMFS, or a revamped fishery
resilience of the marine ecosystems upon service within a new independent oceans
which they depend. This objective should agency. These decisions should originate at
apply to all U.S. ocean waters. the regional offices with oversight by the
s The socioeconomic objective of American national headquarters office. At a mini-
marine fishery policy should be to mum, these decisions include setting
conserve and manage fisheries in order • ecologically safe levels of exploitation
to support diversity, flexibility, resilience, (total catch and bycatch limits);
and adaptability within the industry and • specific habitat and area protections;
fishing communities. • specific protected species requirements
(threatened and endangered marine
Establish an explicit statutory priority mammals, sea turtles, seabirds, and
between these objectives. fish).
s In cases of conflict between objectives s Conservation decisions should be based
or in cases where information is uncertain upon recommendations from regional
or inconclusive, the principal ecological science and technical teams—composed
objective should always take precedence of federal, state, and academic scientists.
over the socioeconomic objective, for • Regional science groups should recom-
the simple reason that achieving social mend ecologically safe catch limits and
and economic objectives depends upon other conservation criteria for a fishery
healthy ecosystems. management plan, informed by—and
109
consistent with—goals, indicators, and scientific audits by the National Academy
targets of a regional ecosystem plan. of Sciences, or both.*
• The work of the regional science groups
should be regularly subject to inde- Allow citizen suits.
s Include a citizen suit provision in fishery
pendent peer review.
s The regional fishery councils should make conservation and management laws like
allocation decisions. those in most other major federal environ-
• Allow individual fisheries to develop mental statutes. Citizens must be allowed
their own allocation plans pursuant to to hold fishery managers who violate the
approval and coordination of plans by law accountable, or to force reluctant or
the regional fishery councils. negligent fishery management agencies to
enforce the law.†
• Allow regional councils to improve
upon or set higher conservation stan-
dards than those established in federal 3. IMPLEMENT ECOSYSTEM-BASED
law or by NMFS, but ensure that estab- PLANNING AND ZONING.
lished conservation standards are not Implement affirmative planning and
undercut in the allocation process. management.
s Prohibit fishing without an approved plan.
• NMFS should retain authority to review a
s Require management of core problems
council’s allocation decisions for con-
sistency with conservation. such as bycatch, habitat damage, and
• NMFS should retain responsibility for overcapacity as a condition of fishing.
s Require a cooperative data-collection and
implementation after the conservation
and allocation planning processes are planning program for existing fisheries
completed. where information is inadequate to deter-
mine whether overexploitation is occur-
Create a mechanism that regularly provides ring. Such programs should be modeled on
independent scientific oversight. an emerging fisheries policy.
s Enact an emerging fisheries policy.††
s Establish a Marine Fisheries Oversight
Commission along the lines of the Marine • The purpose of the policy should be to
Mammal Commission, or require periodic allow industry development of new fish-
*An independent commission would likely exert more effective and consistent oversight by staying involved in
ongoing planning, participating in decision-making processes as events occur rather than after the fact, and building
institutional memory.
†The Commission has no desire to see the federal courts manage marine fisheries, but allowing citizens to seek
redress through the courts is part of our constitutional system of checks and balances and a central element of good
government.
††Concepts from Alaska’s Emerging Fishery Policy informed the development of this recommendation.
110
eries in a manner that promotes sound fishery management plans to proactively
scientific management and long-term partition planned areas into sections desig-
conservation of the resources being nated for specific uses.
developed and the relevant ecosystem. • Areas not designated for particular uses
• Potential development of new fisheries should be closed to those uses.
should be allowed through exploratory • Managers should evaluate the life histo-
fishing permits. To obtain such a permit, ry and habitat requirements of species
applicants should work with the relevant to determine the appropriate types of
fishery management authority to develop area management tools to employ,
a research and management plan detail- including spatial and temporal closures,
ing how the necessary stock assessment spawning closures, habitat protection
and other research on and management areas, bycatch reduction areas, and
of the stocks proposed for the new fish- marine reserves.
ery will be funded and conducted. • Closed areas should be a required ele-
• Matching grants should be available for ment for any fishery management plan
the industry to assist with management in which there is substantial uncertainty
and administrative costs. or lack of information about the status
• If approved, the new fishery should only of heavily exploited major fishery
be allowed to expand if accumulated stocks.
knowledge shows the fishery can grow
in an ecologically sustainable manner. 4. REGULATE USE OF FISHING GEAR THAT
IS DESTRUCTIVE TO MARINE HABITATS.
Implement ecosystem-based fishery Create a fishing-gear zoning program
management. designed to protect seafloor habitats from
s Make marine ecosystems the organizing the adverse impacts of fishing practices.
principle for fishery management. The program should have an immediate
s Require that fishery management plans are and a transition phase. Regulations should
developed based upon consideration of be developed immediately to
s prohibit the use of mobile bottom fishing
how the entire ecosystem that supports the
fishery will be affected by fishing. gear in habitat areas known to be especial-
s Redefine overfishing in an ecosystem context ly sensitive to disturbance from such gear,
to consider the level of fishing that has detri- including but not limited to coral-reef and
mental effects in the ecosystem, even though deepwater coral habitats, complex rocky
it may not harm a particular target species. bottoms, seamounts, kelp forests, seagrass
beds, and sponge habitats;
s prevent expansion of mobile bottom gear
Apply zoning in fishery management plans.
s Incorporate comprehensive zoning within into geographical areas where it is not
111
presently employed; to determine fisheries dependent on
s prevent expansion of the numbers of such gear;
vessels employing mobile bottom gear by • providing funding to replace gear in
• restricting the numbers of licenses, fisheries that cannot be viably conduct-
permits, or endorsements to no more ed without mobile bottom gear.
s Fund a gear-modification research program
than current fleet sizes;
• allowing transfers of licenses only to to redesign mobile bottom gear to reduce
gears that are documented to have habitat damage in fisheries that cannot be
lower impacts on habitats; viably fished without such gear.
s Close areas to mobile bottom gear fishing
• allowing reentry of latent mobile gear
effort only with gears documented to if NMFS fails to implement the zoning
have lower impacts on habitats. regime by the end of five years, unless and
until it has been determined that the best
Over a five-year transition period, imple- available science indicates such gear can
ment a zoning regime that (a) limits bottom be used without altering or destroying
trawling and dredging to only those areas important or significant amounts of habitat
where best available science indicates that or reducing biodiversity.
such gear can be used without altering or
destroying important or significant 5. REQUIRE BYCATCH MONITORING AND
amounts of habitat; and (b) closes all other MANAGEMENT PLANS AS A CONDITION
areas to these fishing practices. OF FISHING.*
s Convene an independent panel to s The statutory goal of these plans
develop rigorous scientific criteria and should be to reduce bycatch to levels
implement a science-based process approaching zero.
s The statutory definition of bycatch should
for designating zones open to mobile
bottom gear fishing. be broadened to include incidental mortal-
s Implement a gear-substitution program ity of all nontarget species (fish and other
to reduce the use of mobile bottom gear by living marine resources), and mortality by
• conducting a viability assessment lost or abandoned gear.
*The Commission’s investigation identified the following principles to guide bycatch management:
– timely collection, compilation, and analysis of data are fundamental to conservation and management; onboard
observer programs are the most effective bycatch monitoring scheme and should be used wherever practicable;
– successful bycatch management must be tailored to the specific set of circumstances for each fishery, gear type,
ecosystem, and species;
– effective bycatch monitoring and reduction programs usually depend on a complementary combination of tech-
nology and management measures;
– involving fishermen in the bycatch decision-making process is critical for buy-in with outcomes and innovation;
– scientifically established bycatch limits are necessary for conservation and to encourage innovation by fishermen;
– a specific trigger, rather than just a broad mandate to monitor and minimize bycatch, is required to bring the nec-
essary parties to the negotiating table and compel them to develop bycatch plans.
112
s Bycatch plans should include, at a 6. REQUIRE COMPREHENSIVE ACCESS
AND ALLOCATION PLANNING AS A
minimum,
CONDITION OF FISHING.*
• an observer program or other appropri-
Establish a mandatory national policy to
ate, effective monitoring scheme;
guide development of fishery allocation
• total fishing mortality limits that include
plans. Each allocation plan should, at a
bycatch;
minimum,
• a requirement that bycatch mortality be
s limit access and entry to all fisheries to
factored into stock assessments.
s The National Marine Fisheries Service help shape and match the size of fishing
fleets and their catching capacity to the
should establish by regulation national cri-
health of exploited populations and the
teria that determine what constitutes an
integrity, productive capacity, and
adequate and appropriate bycatch moni-
resilience of marine ecosystems;
toring and minimization plan under differ-
s implement precautionary total allowable
ent circumstances (e.g., minimum observer
catches (TAC), or alternative fishing privi-
coverage levels). Only plans that meet
leges that demonstrably control exploita-
these criteria and applicable federal laws
tion within ecologically safe limits;
should be approved.
s allocate privileges in ways that properly
s Each fishery should be allowed to develop
align incentives, allow for the orderly
its own plan. A tightly constructed stake-
operation of a fishery (e.g., individual
holder process modeled on the Marine
or community fishing quota programs),
Mammal Protection Act Take Reduction
and maintain flexibility, resilience, and
Teams should be the principal mechanism
adaptability within the industry and
to develop these plans. The lobster zone
fishing communities;
councils used in the Maine lobster fishery
s reduce fishing capacity where necessary,
provide another potential model.
s Individual bycatch quotas for valuable using transitional buyback programs
and providing other transition assistance
fish species (except threatened and
for displaced fishermen and affected
endangered species) could be used to
fishing communities;
manage bycatch. Conservative catch quo-
s recover an appropriate share of the contin-
tas should be set for species, accounting
uing costs of fisheries management,
for intended and unintended catch.
enforcement, and research as well as addi-
Fishermen should be allowed to keep fish
tional funds to mitigate potential adverse
they catch within conservative limits,
effects of fishery allocation plans on indi-
rather than being forced to discard and
viduals and communities;
waste one species because they are in a
s be subject to a double referendum where a
target fishery for another.
*Several aspects of this recommendation are modeled on the California Restricted Access policy.
113
super majority of the permit/license and fishing power goal appropriate for
holders in a fishery approves the initial the fishery and require mechanisms and
development as well as implementation schedules for achieving that goal if the
of the plan; fishery has excess capacity. Capacity
s be reviewed at least every five years. If goals should be based upon appropriate
appropriate, the plan should be revised to ecological, social, and economic analy-
ensure it continues to meet the objectives ses of the relevant fishery and ecosys-
of this policy, the public interest, other rel- tem. The goal should be stated as a
evant laws and regulations, and fishery clear, measurable, and objective factor,
participants. or set of factors, that fairly represent the
catching capacity or fishing power of
If a fishery or regional fishery management the fleet.
council fails to revise or update an imple- • Each fishery should design a mandatory
mentation and allocation plan when apprenticeship program to create a
required, a default plan should be imposed mechanism for new entrants to the fish-
by the federal fishery agency. ery. These programs should foster
improved stewardship through training
Limit access and entry to all fisheries. in conservation and responsible fishing
s Subject all participants in U.S. fisheries to practices. Only those prospective new
permitting or licensing, both a general fish- entrants who complete the program can
ing permit/license as well as fishery- receive a license.
specific permits/licenses.
• Require that limited access/entry pro- Apply fishing privileges, such as precau-
grams be designed to keep the level of tionary total allowable catches (TACs),
catching capacity and fishing power in known to effectively control exploitation
any fishery slightly under the level that within ecologically safe limits.
s Implement a three-year monitoring pro-
is ecologically sustainable. For some
severely depleted fisheries, it will be gram for any fisheries that use indirect
necessary to develop a plan to reduce approaches* to limit catches in order to
capacity initially and to provide a determine if the fishery can keep catches
mechanism that allows appropriate below the target TAC.
s Impose default TACs if the monitoring pro-
increases in catching capacity as the
stock rebuilds. gram shows that catches are exceeding the
• Each plan should set a catch capacity biologically safe limits.
*By definition, indirect approaches to limit exploitation of fish populations, such as reducing the number of allowed
fishing days, do not directly control the amount of catch. The Commission’s investigation identified that indirect
approaches are unreliable and inefficient.
114
Allocate fishing privileges to align incen- fishing communities resulting from
tives, allow for the orderly operation of a the transition to adaptive, ecosystem-
fishery, and maintain flexibility, resilience, based management;
and adaptability within the industry and • assess the performance of the program
fishing communities. to ensure it continues to meet the
s Individual or community fishing quotas objectives of the national policy;
(IQs or CQs), if properly monitored and • revise the program if it fails to
enforced, appear to be among the more meet clear conservation performance
effective allocation mechanisms. standards, timetables, and other
s For instances where IQs or CQs are chosen evaluation criteria.
to allocate direct catch limits, they should 3. Prevent excessive consolidation and
be implemented according to the following concentration of economic power by
three national standards: establishing an excessive shares cap to
1. Periodically allocate quota using a com- limit the amount of quota any one per-
bination of catch history records, bids son or corporation can own.
in the form of offered royalty payments
on the catch, and conservation commit- Reduce fishing capacity, where necessary,
ments offered by the bidder. with transitional buyback programs and
• Partition quota into different categories provide other transition assistance for
for different types of fishing operations displaced fishermen and affected fishing
before being auctioned—some for large communities. Such programs should
s retire capacity permanently rather than
vessels and corporations, some for
owner operators and smaller vessels, allowing it to shift to other fisheries;
s restrict activation of latent fishing capacity
some for new entrants, etc. Quota
should also not be transferable among in the buyback fishery;
s reduce the incentives and subsidies
these different categories.
• Place royalty payments in a secure fund that could encourage remaining fishery
to be used initially for buybacks and participants to increase their fish-
community economic development and catching capacity.
then for cost recovery. Funds beyond
cost recovery should go toward 7. ESTABLISH A PERMANENT
improved fishery research, manage- FISHERY CONSERVATION AND
ment, and enforcement. MANAGEMENT TRUST FUND.
s The fund should be available without
2. Regularly review and evaluate quota
programs to appropriation or fiscal year limitation.
s It should be used only for the purposes of
• maintain flexibility in anticipation
of changes within the industry and improving fishery research, data collection,
115
management, enforcement, and habitat munity, and appropriate local governments
restoration. In the first 5 to 10 years of to ensure that revenues are apportioned
operation, it should also be available for fairly and wisely.
s The fund should not be used to defray the
transitional buyback and community
development programs. general costs of government or to absolve
s Revenues should be applied within the the federal government of responsibility to
region where they were collected. fund fishery and ecological research and
s Within regions, the fund should be science.
s Potential revenue sources for the fund
shared fairly among the federal govern-
ment and state programs for coastal include, but should not be limited to
fishery management. • revenues generated by royalty payments
s The Secretary of Commerce should appoint on landed catch (calculated as a per-
regional advisory panels with equal repre- centage of the value of the landed fish);
sentation from members of the industry, • fees collected from fines and
scientific community, conservation com- other penalties.
Jeff Rotman/www.jeffrotman.com
Plaice and flounder in a trawl net off Cape Cod, Massachusetts
116
Chapter Twelve
PRESERVING OUR COASTS
Development near Charleston, South Carolina
Dana Beach, South Carolina Conservation League
1. ADDRESS NONPOINT SOURCE Require watershed-based water quality
POLLUTION AND PROTECT WATER compliance planning.
s The Clean Water Act requires that states
QUALITY ON A WATERSHED BASIS.*
Establish water quality standards for determine the total maximum daily load
nutrients in rivers, lakes, estuaries, and (TMDL) of pollutants that a water body can
coastal waters. absorb and still satisfy water quality stan-
s Water quality standards under the Clean dards, including meeting designated uses.
Water Act are a legally enforceable bench- EPA should require timely development of
mark against which progress toward TMDLs, identifying point and nonpoint
addressing nonpoint and other sources of sources of pollution and the specific pollu-
pollution can be measured. tion reductions from point and nonpoint
s While standards for many toxic pollutants sources necessary to comply with the law.
s For coastal watersheds, plans already devel-
exist, few areas have standards for nutrients.
Given the pervasiveness of the nutrient pollu- oped under the Coastal Nonpoint Pollution
tion problem, additional resources should be Control Program of the Coastal Zone
devoted to accelerate development of nutri- Management Act provide the core of an
ent standards for major aquatic habitats. enforceable watershed protection strategy.
s EPA should use existing authorities to rein-
Take additional steps to control major uncon- vigorate the “continuing planning process”
trolled or undercontrolled sources of nutri- required by the Clean Water Act, making it
ent pollution.† a process through which the states achieve
s EPA should ensure that states are control- the point and nonpoint source pollution
ling major underregulated point sources of reductions indicated by TMDLs. States
pollution—such as concentrated animal should use TMDLs as a blueprint for action
feeding operations and stormwater. to address water quality problems at the
s Congress should amend the Clean Water watershed level.
Act to require states to control nonpoint
sources of pollution. Provide a complementary suite of incentives
s Eligibility for federal agricultural subsidies for improving water quality and disincentives
should be conditioned on the implementa- for activities that harm water quality.
s Congress should give the states flexibility to
tion of best management practices for con-
trolling polluted runoff from farms and fields. use negative interest loans and grants from
*Some of these recommendations overlap with recommendations on point and nonpoint source pollution. They are
presented here to illustrate the Commission’s suggestion for a comprehensive, watershed-based approach to con-
trolling all forms of water pollution.
†For details, see recommendations 1 and 2 in Chapter 13.
117
the State Revolving Fund established by the ment; recognizes that the impacts of offshore
Clean Water Act to address nonpoint oil and gas development, and the onshore
sources of pollution. infrastructure required to support it, are
s Funding for the control of nonpoint source greatest in the coastal zone; ensures that
pollution under the Clean Water Act should grants to states and communities are used for
be tied to progress in reducing nonpoint environmentally beneficial purposes.
source pollution, and specifically to
implementation of TMDLs, where these Congress should make comprehensive habi-
are in place. tat-protection planning by the states a condi-
s Funding and incentives provided through the tion for receipt of any new, dedicated federal
farm conservation programs administered by conservation funds.
s While the bulk of funding should go to
USDA and federal transportation legislation
to address nonpoint source pollution associ- actual habitat protection, a reasonable por-
ated with agriculture and transportation tion of the funding should be set aside for
infrastructure should be coordinated with habitat-protection planning.
s In addition to fee title acquisition, habitat-
watershed-protection strategies.
s Federal subsidies for agriculture, trans- protection programs should purchase, or
portation, and other kinds of development solicit the donation of, development rights
that contribute to nonpoint source pollu- and conservation easements to maximize
tion should be tied to progress toward conservation benefits.
s Public and private entities involved in habi-
compliance with the Clean Water Act,
specifically to progress in reducing tat and watershed protection should
nonpoint source pollution and attaining strengthen and expand existing partner-
water quality standards. ships, and seek out new partnerships, to
protect coastal ecosystems.
2. IDENTIFY AND PROTECT FROM
Congress should expand the scope of the
DEVELOPMENT HABITAT CRITICAL FOR THE
Coastal Zone Management Act to include a
FUNCTIONING OF COASTAL ECOSYSTEMS.
Congress should provide a significant, dedi- mandate for coastal habitat protection
cated, and permanent source of funding for through property acquisition, cooperative
habitat protection. management, and technical assistance.
s Congress should consider revenue derived s Congress should amend the Coastal
from outer continental shelf oil, gas, and Zone Management Act to create a
mineral development for this purpose. coastal habitat protection fund adminis-
s Funding should be allocated to the states and tered by the National Estuarine Research
territories in a way that does not provide an Reserve System.
s To meet its new responsibilities, the
incentive for offshore oil and gas develop-
118
National Estuarine Research Reserve Congress and the executive branch should
System should be given a strong, unam- ensure that federal activities support, not
biguous stewardship mission. undermine, state and local efforts to
• Congress should direct the National manage growth.
s Federal transportation and development
Estuarine Research Reserve System to
develop innovative partnerships for funding should be available only to states
watershed protection among all levels of that are complying with federal environmen-
government and the private sector. tal laws. (See details under coastal develop-
ment recommendation number 4 below.)
s Federal grants and loans should be required
3. INSTITUTE EFFECTIVE MECHANISMS AT
to be used consistent with state and local
ALL LEVELS OF GOVERNMENT TO MANAGE
growth management efforts.
DEVELOPMENT AND MINIMIZE ITS IMPACT
s Tax structures should be examined at all lev-
ON COASTAL ECOSYSTEMS AND THEIR
els of government to ensure that they are sup-
WATERSHEDS.
Municipalities and counties should change porting compact, appropriately sited growth.
their zoning and subdivision codes to pro-
mote compact growth near urban centers, 4. REDIRECT GOVERNMENT PROGRAMS
to discourage growth outside town centers AND SUBSIDIES AWAY FROM HARMFUL
in rural areas, and to reduce impervious COASTAL DEVELOPMENT AND TOWARD
surface cover wherever possible. BENEFICIAL ACTIVITIES, INCLUDING
RESTORATION.
States should take a more active role in Congress should enact substantial reforms of
managing growth. the Army Corps of Engineers, including
s Protect environmentally sensitive lands, as s legislation ensuring that Army Corps of
discussed under coastal development rec- Engineers projects are environmentally and
ommendation number 2. economically sound, and reflect national
s Require local growth-management planning priorities articulated in the new National
as a condition for receipt of state and pass- Ocean Policy Act;
s uniform standards for Army Corps partici-
through federal development assistance, and
ensure that state and local growth and trans- pation in shoreline restoration projects,
portation planning comport with statewide which ensure that
habitat protection plans. • the full range of alternatives to inter-
s Coordinate policies and practices among vention in coastal geological processes
local jurisdictions and, to the extent is considered,
possible, with adjacent states to ensure • costs and benefits are considered
a rational regional approach to growth broadly and over a minimum 50 year
management. time horizon, and
119
• mitigation is carried out in those cases plain management policy that emphasizes
where intervention is justified. nonstructural control measures.
s transformation of the Corps—over the s Appropriate measures would include
long term—into a strong and reliable force buyouts, zoning changes, and the purchase
for environmental restoration, to work of flood easements in concert with engi-
in partnership with natural resource neering measures to restore natural flood-
management agencies. (Mechanisms for plain functioning.
this change include authorization and
appropriations bills.) Congress should condition eligibility for
federal transportation, development,
Congress should reform the National Flood and agriculture aid on compliance with
Insurance Program. environmental laws.
s Set premiums that reflect the true risk s Federal transportation and agriculture
of coastal hazards. subsidies should be contingent on EPA
• Additional funds could be used to certification of sufficient progress toward
enhance the buyout program, further compliance with the Clean Water Act, and
reducing exposure of the program. specifically with development and imple-
s Phase out coverage of repetitive mentation of TMDLs, where these are need-
loss properties. ed to achieve water quality standards and
• Congress should provide more funding designated uses.
s For areas where transportation infrastruc-
for buyout programs.
• Legislative changes should terminate ture and the land-use patterns resulting
coverage for most properties after a from it are substantially contributing to
certain number of claims. water quality impairment, Congress should
s Deny coverage for new development • require that state transportation plans
in hazardous or environmentally assess and address the effect of trans-
sensitive areas.* portation projects (and induced devel-
opment) on water quality;
Congress should direct the Army Corps of • set aside a portion of federal funds for
Engineers, FEMA, and other appropriate these purposes.
agencies to develop a comprehensive flood-
*The Commission recognizes that on many islands there may be no developable land that is not within the flood-
plain. It does not advocate denying flood insurance solely based on location in the floodplain in these cases, but
building codes and the siting of new development should take into account relative risk (such as elevation above
sea level) in all cases.
120
Chapter Thirteen
CLEANING COASTAL WATERS Getty Images Inc.
These recommendations will be most effective Department of Transportation, and other
if implemented as part of a comprehensive, appropriate agencies—should establish
watershed-based approach to controlling baseline standards for best management
water pollution. The Commission’s recom- practices (BMPs) to control runoff, as it has
mended strategy for watershed-based water done with technologies and practices to
quality protection is described in detail in the control point source pollution.
s The EPA, USDA, U.S. DOT, and other appro-
coastal development sections of this report.
priate agencies should jointly identify and
publicize regionally appropriate nonpoint
1. REVISE, STRENGTHEN, AND
source BMPs, develop a program for certify-
REDIRECT POLLUTION LAWS TO FOCUS
ing their implementation, and monitor their
ON NONPOINT SOURCE POLLUTION ON
effectiveness in reducing pollution.†
A WATERSHED BASIS.
All states should establish ambient water
quality standards for nitrogen, and on a Compliance with the CWA should be a
watershed-by-watershed basis identify addi- condition for receipt of federal funding for
tional nutrients and toxic pollutants for activities—such as agriculture and trans-
which water quality standards are needed to portation—that contribute substantially to
protect the health of marine ecosystems. polluted runoff.
s Numerical standards should be established s The implementation of BMPs to control
where possible, but narrative standards polluted runoff should be a condition for
may be needed for nutrients so that eco- receipt of federal agricultural subsidies for
system effects of eutrophication are identi- farms and animal feeding operations above
fied and addressed.* specified sizes.
s Progress toward compliance with the CWA
Congress should amend the Clean Water Act should be a condition for state eligibility
(CWA) to require the use of best manage- for federal transportation funds. (The link-
ment practices for agriculture and develop- age between transportation, transportation
ment to control polluted runoff. funding, land use and nonpoint source pol-
s The EPA—in consultation with the U.S. lution is described in detail in the coastal
Department of Agriculture, U.S. development sections of this report.)
*Under the Clean Water Act, EPA first develops water quality criteria for pollutants, and then the states implement
water quality standards consistent with these criteria. EPA has set 2004 as the date certain for the development of
nutrient criteria for freshwater; guidelines for the development of criteria have been completed for estuaries, while
guidelines for coastal and wetlands criteria have yet to be completed.
†Examples of well-established BMPs include planting winter cover crops; returning marginal farmland to wetlands
and expanded floodplains; removing land vulnerable to high rates of erosion and nitrogen loss from production;
constructing wetlands and vegetative buffers to intercept the drainage from farm fields; and reducing the application
of nitrogen-based fertilizer to lawns and golf courses.
121
Congress and the executive branch should atmospheric deposition of these pollutants
develop and deliver a broad package of incen- on marine ecosystems.
tives to reduce nonpoint source pollution.
s Congress should establish a “yield guaran- 2. ADDRESS UNABATED POINT
tee” program under which farmers who SOURCES OF POLLUTION.
verifiably reduce their use of nitrogen- Concentrated animal feeding operations
based fertilizer are compensated to cover should be brought into compliance with
any associated loss of crop yield. In some existing provisions in the CWA.
s Animal feeding operations with more than
watersheds, the agronomic rates deter-
mined by Agricultural Extension services 1,000 “animal units”* (CAFOs) and smaller
at Land Grant universities will be sufficient; operations that are adversely affecting
water quality† should be required to obtain
in other watersheds, the amount of nitro-
gen-based fertilizer may need to be lower a National Pollutant Discharge Elimination
System (NPDES) permit.††
than the agronomic rate to ensure sufficient
s EPA should establish baseline terms and
reduction in nitrogen runoff.
s Building upon changes already made conditions for NPDES permits for CAFOs to
in the federal Farm Bill, Congress and substantially reduce water pollution from
USDA should increasingly focus agricul- such operations. Permit requirements for
tural conservation programs to more CAFOs should include, at a minimum,
effectively address polluted runoff and • a requirement for a nutrient manage-
nutrient pollution. ment plan covering the animal feeding
s Substantial funding should be made avail- facility, waste-holding facilities, and the
able under the Farm Bill, Clean Water Act, ultimate disposition of the waste gener-
and other sources for outreach, education, ated by the facility;
training, and technical assistance to farmers • a process for phasing out the use of open
and the operators of animal feeding opera- air and unlined lagoons for waste storage;
tions regarding the causes and effects of • restrictions on spray application of animal
polluted runoff, and the implementation of manures to reduce ammonia emissions.
BMPs to reduce it.
Funding should be made available for
Control of nitrogen oxides, mercury, development of biological nutrient removal
and other pollutants under the Clean technology standards to reduce nitrogen
Air Act should mitigate the effects of loads from publicly owned treatment works
*EPA defines “animal unit” as a unit of measurement for any animal feeding operation calculated by adding up the various
numbers of different species of animals present at one facility. For example, 1,000 cattle = 2,500 pigs = 55,000 turkeys.
†Accordingto EPA, all animal feeding operations will develop, and be responsible for, implementing a technically sound,
economically feasible, site-specific comprehensive nutrient management plan by 2009.
††Point sources must possess a NPDES permit to discharge wastewater under the CWA.
122
and for municipalities to install biological late ballast-water discharge through a permit-
nutrient removal treatment in watersheds ting system administered jointly by the U.S.
where such loads are a significant source of Coast Guard and EPA.
s The legislation should direct EPA, in coop-
water quality impairment.
eration with the U.S. Coast Guard, to
Congress should amend the Clean Water Act develop a permit program under the CWA
to regulate cruise ships as point sources of for ballast-water discharges.
s At a minimum, this program should include
pollution in state and federal waters.
s Black, gray, bilge and ballast-water discharges • the development of standards for ballast-
from vessels above a certain capacity (large water treatment;
passenger vessels) should be regulated as • uniform methods for verification and
point sources of pollution under the CWA. enforcement;
s EPA should develop effluent standards for • development of effluent guidelines for
discharges from vessels, and large passen- ballast-water discharges in U.S. waters.
s A program developed as part of the exist-
ger vessels should not be allowed to dis-
charge within the Exclusive Economic Zone ing NPDES program is the preferred
black water and gray water that do not approach, allowing for appropriate divi-
meet the effluent standards. sion of responsibility between the U.S.
s Large passenger vessels should be required Coast Guard and EPA.
s Alternative arrangements for treatment and
to monitor and report their own discharges
and the U.S. Coast Guard should periodi- discharge should be made for vessels trav-
cally check onboard waste-treatment eling only between domestic ports and
equipment and discharges to ensure com- staying within the EEZ. Coastwise-operating
pliance with effluent guidelines. vessels should not be exempt from require-
s Potentially hazardous waste and treatment ments for ballast-water management based
byproducts should be disposed of in appro- on their itinerary and shipping route.
s Congress should authorize the appropriate
priately permitted onshore facilities.
s States should either be given or retain the agencies to levy fees on dischargers and
necessary authority to fines for illegal discharges to pay for
• inspect cruise ships in their waters; administration of the program.
• petition EPA to establish no-discharge
zones in their waters; The United States should support finalization
• charge a passenger fee to cover enforce- and ratification of an international conven-
ment costs, as they deem appropriate. tion on ballast-water management (currently
being developed by the International
Congress should enact legislation to require Maritime Organization).
s The United States should encourage the
ballast-water treatment for all vessels carry-
ing ballast water in U.S. waters, and to regu- development and adoption of a ballast
123
water convention consistent with the Congress should provide adequate funding to
domestic program outlined above. develop statewide invasive species manage-
ment plans that include provisions for inven-
torying, monitoring, and rapid response.
3. CREATE A FLEXIBLE FRAMEWORK
s These plans should include both short-term
TO ADDRESS EMERGING AND NONTRADI-
rapid response and long-term management
TIONAL SOURCES OF POLLUTION.
components. Currently, states are funded to
implement the plans, but have no resources
Invasive Species
A national electronic permitting system to develop them. These plans should be
should be created under the National consistent with NOPA and the regional
Invasive Species Act to facilitate communica- ecosystem plans.
tion and track imports of live species that
may result in aquatic introductions. Sound
s As many vectors as possible, including live A comprehensive research and monitoring
food, bait, aquaria species, pets, research program should be established to determine
specimens and other commodities, should the effects of sound sources on living marine
be identified and monitored, and where resources and ecosystems.
s A nationally coordinated, strategic
possible, eliminated. A watch list should be
developed and maintained for known inva- research agenda should be developed
sive species, with a process for additions of with priority given to studies that assess
new species found to be harmful. The sys- the effects of sound on endangered or
tem should include an application require- threatened species.
s Sound should be among environmental
ment for any vendor interested in importing
live marine species. factors considered for inclusion in moni-
toring plans developed for the regional
An inventory of existing species and their ocean governance plans. Where sound is
historical abundance should be developed considered likely to have a significant
for each regional marine ecosystem. effect on the health of marine ecosystems,
s These inventories should be keyed to the criteria and indicators for sound levels,
ecosystem characterizations being devel- and management measures for sound
oped under the National Ocean Policy should be included in regional ocean gov-
Act (NOPA) to provide a baseline for ernance plans.
s Priority areas should be identified for long-
recognizing and appropriately managing
invasive species. term monitoring.
124
Activities that generate significant amounts EPA should develop and lead a comprehen-
of potentially harmful sound should be regu- sive monitoring program to quantify levels of
lated consistent with the requirements of particular toxic substances in designated
federal law, including the Marine Mammal ocean habitats and species.
s EPA should complete its Ocean Dumping
Protection Act, the Endangered Species Act,
the National Environmental Policy Act, the Site inventory, which will allow regulatory
Magnuson-Stevens Act, and the Coastal Zone authorities to identify key sources of toxic
Management Act. contamination underwater and in sedi-
ments.
s Mercury, PCBs, PAHs, and other
Consideration should be given to requiring
the utilization of best available control tech- contaminants should be monitored in
nologies, where the generation of sound has marine species at sites of particular
potential adverse effects. concern, such as the 100 ocean dump sites,
s Such technologies include ship design, active offshore oil rigs, and industrial sites.
s This monitoring program should be
alternatives to seismic exploration, and
computer simulations. coordinated with Food and Drug
Administration and EPA seafood contami-
The environmental ramifications of any nant advisory efforts, to enable people to
sound-producing project should be taken know where their seafood comes from and
into formal consideration at the planning what it contains.
stages of the project, before significant
resources, time, and money have been Sufficient resources should be devoted to
devoted to its development. studying the effects of toxic substances in
the marine environment.
s Needed research includes (a) studies on
4. STRENGTHEN CONTROL OVER TOXIC
mercury in fish and other species that are
POLLUTION.
Congress should ratify the Stockholm Conven- located near offshore oil rigs and in other
tion on Persistent Organic Pollutants (POPs), areas where species may be affected by
which calls for a phaseout of production of 12 drilling muds and contaminated sediments;
of the most dangerous toxic substances. (b) the effects of PCBs and other toxic sub-
s The implementing legislation should include stances on marine mammals—particularly
a process for allowing the addition of chemi- in the polar regions; and (c) the effects of
cals to the existing list of 12, if reliable data chronic exposure to PAHs on marine
reveal they are sufficiently toxic. species and ecosystems.
125
Chapter Fourteen GUIDING SUSTAINABLE MARINE AQUACULTURE
Farm-raised oysters, Eliot, Maine
Laura Stadig, Spinney Creek Shellfish, Inc.
1. IMPLEMENT A NEW NATIONAL MARINE facilities should be conducted pursuant to
AQUACULTURE POLICY BASED ON SOUND National Pollution Discharge Elimination
CONSERVATION PRINCIPLES AND STANDARDS. System permits.
Adopt national and regional aquaculture • The guidelines should control the full
standards to limit negative impacts of range of pollutants including nutrient and
aquaculture activities on marine ecosystems. chemical pollutants, as well as biological
s The national oceans agency should establish pollutants such as pathogens, parasites,
national marine aquaculture standards, and escaped fish.
defining minimum requirements for aquacul- • EPA should develop water quality stan-
ture facility performance, to ensure marine dards for federal waters, as required by
aquaculture practices are ecologically sus- the Clean Water Act.
s Regional ocean governance councils should
tainable. These standards should
• minimize adverse effects on living marine set regional standards tailored to regional
resources, physical habitat, and marine conditions and priorities, consistent with or
ecosystems; more stringent than the national standards,
• consider siting criteria, taking into consid- and implemented by the appropriate federal
eration sensitive bottom habitat, protected or state authorities. These standards should
species, hydrographic conditions as well • consider the cumulative as well as indi-
as social, cultural and economic condi- vidual impacts of aquaculture facilities;
tions and compatibility with existing • establish compliance verification and
ocean uses; enforcement procedures;
• promote species not dependent on high • hold aquaculture facilities accountable
levels of fish meal and fish oil; for adverse environmental impacts and
• limit marine aquaculture to the use of non-compliance with the standards;
indigenous species. (Exceptions could be • require all existing aquaculture facilities
made for the use of previously established to achieve these standards within five
species in existing operations that do not years of their promulgation;
jeopardize native species or for species • reward facilities for improved perform-
raised in land-based systems.) ance beyond the minimum standards;
s EPA should ensure that aquaculture • preempt conflict with other users of
facilities do not diminish water quality marine resources affected by aquacul-
in public waters. ture operations.
s Efforts to coordinate state marine aquacul-
• EPA should establish national effluent
guidelines for marine aquaculture pur- ture programs, such as the Atlantic States
suant to requirements in the Clean Marine Fisheries Commission’s develop-
Water Act. ment of voluntary guidelines, should be
• All discharges from marine aquaculture expanded.
126
s If marine finfish farms do not meet the
Expand and improve marine aquaculture
research with a focus on ecologically national standards, the moratorium should
sustainable aquaculture practices. continue for nonconforming facilities until
s At the national level, the National they comply with the standards.
Academy of Sciences should assess
research needs necessary to achieve Ensure an adequate regulatory review
ecologically sustainable aquaculture and process to determine if the cultivation
evaluate the quality of ongoing marine of genetically modified organisms is
aquaculture research programs. ecologically sustainable.
s At the regional level, funds should be made s The executive branch or Congress should
available to research institutions to work in place a moratorium on the domestic cultiva-
conjunction with the regional ocean ecosys- tion, marketing, and importation of live,
tem councils, local, state, and federal agen- genetically engineered marine or anadro-
cies, and stakeholders for the coordination of mous species until an adequate regulatory
marine aquaculture research efforts. review process is in place that
• Research money should, at a minimum, • consults the National Marine Fisheries
be directed toward the development of Service and U.S. Fish and Wildlife Service
closed aquaculture systems, marine poly- on the environmental impacts;
culture systems, and feed substitutes to • provides the opportunity for public review
replace the use of fish meal and fish oil in and comment before approval;
aquaculture. • exempts certain research under specific
• Research should inform the development guidelines and procedures.
of standards and management decisions
regarding marine aquaculture at both the 2. PROVIDE INTERNATIONAL
national and regional levels. LEADERSHIP FOR SUSTAINABLE MARINE
AQUACULTURE PRACTICES.
Restrict the expansion of marine finfish farm- The United States should negotiate
ing until standards for ecologically sustain- and work with other nations to establish
able practices are implemented. environmental provisions in international
s The executive branch or Congress should trade agreements to encourage ecologically
place a moratorium on the expansion of sustainable marine aquaculture
marine finfish farms until standards for eco- practices globally.
s The United States should exercise current
logically sustainable practices are set and
implemented. authorities to bar trade in marine aqua-
s The Secretary of Commerce (or the head of culture products grown, extracted, or
the national oceans agency) should deter- manufactured in a manner that is not
mine whether marine finfish aquaculture, ecologically sustainable, or is inconsistent
notably Atlantic salmon farming, meets these with environmental requirements and
new national standards. practices in the importing nation.
127
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Bluestriped grunts, Florida Keys National Marine Sanctuary
Photo © www.brandoncole.com
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CHAPTER TWO
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CHAPTER THREE
Restoring America’s Fisheries
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CHAPTER FOUR
Preserving Our Coasts
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CHAPTER FIVE
Cleaning Coastal Waters
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Oceans Commission, Arlington, Virginia.
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CHAPTER SIX
Guiding Sustainable Marine Aquaculture
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Oceans Commission, Arlington, Virginia.
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United Kingdom.
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CHAPTER SEVEN
Beyond Our Borders
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Zoologist 39:160–183.
Hare, S.R., N.J. Mantua, and R.C. Francis. 1999. Inverse production regimes: Alaskan and West Coast Pacific salmon.
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CHAPTER EIGHT
Science, Education, and Funding
ADR. 2002. Alaska Department of Revenue. State of Alaska, Department of Revenue, Tax Division. Fiscal Year 2002 Annual
Report of Division Operations. 28 Jan. 2003.
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States: Significant Accomplishments, Future Challenges. Pew Oceans Commission, Arlington, Virginia.
Carlton, J.T., J.B. Geller, M.L. Reaka-Kudla, and E.A. Norse. 1999. Historical extinctions in the sea. Annual Review of
Ecology and Systematics 30:515–538.
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Sissinwine, M.P., and P.M. Mace. 2001. Governance for responsible fisheries: An ecosystem approach. Conference on
Responsible Fisheries in the Marine Ecosystem, Reykjavik, Iceland, 1–4 Oct. 2001.
Dana Edmunds/Pacific Stock
Two-year-old Sage Nohara catches a small wave at
Lanikai Beach, Oahu, Hawaii.
133
Regional Meetings
OF THE PEW OCEANS COMMISSION
Commission member Roger Rufe samples pineapple at the Maui Pineapple Plantation.
Deb Antonini/Pew Oceans Commission
2000
July 6–7
Washington, D.C.
November 28–30
Monterey, California
2001
January 4
Portsmouth, New Hampshire
Deb Antonini/Pew Oceans Commission
February 7–9
Maui, Hawaii
March 27–29
Charleston, South Carolina
April 17
Baltimore, Maryland
After boarding a tour boat docked at the Seward Small Boat Harbor
June 12–14
(above) in August 2001, members of the Pew Oceans Commission (below)
experienced Alaska’s spectacular landscapes and marine life along the
Rockport, Maine
coast of Kenai Fjords National Park. Their visit to Alaska concluded with a
short flight to Kodiak Island, where commissioners met with commercial
July 18–19
fishermen and toured one of the island’s salmon canneries.
Seattle, Washington
August 11–14
Anchorage, Alaska
August 15
Kodiak, Alaska
October 2–3
Portland, Oregon
Deb Antonini/Pew Oceans Commission
November 28–30
New York City, New York
December 10
Des Moines, Iowa
134
Deb Antonini/Pew Oceans Commission
During the meeting in Monterey, California,
commissioners visited Point Lobos State
Reserve—known as the crown jewel of
California’s state park system.
2002 Lisa Levin, a professor at
Scripps Institution of
Oceanography, talks with
January 21–22
commissioners Charles
Deb Antonini/Pew Oceans Commission
Monterey, California Kennel and Geoffrey Heal
during a coastal develop-
ment workshop held in
March 14–16
Charleston, South
Barataria/New Orleans, Louisiana Carolina. Dr. Levin partici-
pated in a panel discus-
June 9 sion about the importance
of and major threats to
Ft. Lauderdale, Florida coastal habitat.
June 13–15
Washington, D.C.
October 5
Providence, Rhode Island
Justin Kenney/Pew Oceans Commission
Commissioner Leon Panetta joins students from
Sunset Beach Elementary School during the airing
Deb Antonini/Pew Oceans Commission
of KidScience—a popular science program on
Hawaii Public Television.
Aboard Thrasher, sternman George Harris (right) pre-
pares fresh bait bags for his lobster traps. The trip
aboard a Maine commercial lobster boat gave several
commissioners an opportunity to experience firsthand
the latest in lobstering techniques.
135
Publications
OF THE PEW OCEANS COMMISSION
Ocean sunfish, off San Diego, California
Richard Herrmann
SCIENTIFIC REPORTS
Marine Pollution in the United States: Managing Marine Fisheries
Significant Accomplishments, in the United States: Proceedings
Future Challenges of the Pew Oceans Commission
Donald F. Boesch, Richard H. Burroughs, Workshop on Marine Fishery
Joel E. Baker, Robert P. Mason, Management
Christopher L. Rowe, Ronald L. Siefert David L. Allison, George W.
(2001) Boehlert, Daniel W. Bromley,
Monica B. Goldberg, Susan Hanna,
Marine Aquaculture in the Burr Heneman, Timothy Hennessey,
United States: Environmental Richard Hildreth, Seth Macinko,
Impacts and Policy Options Michael K. Orbach, Ellen K. Pikitch,
Rebecca J. Goldburg Marc L. Miller, Timothy J. Ragen,
Matthew S. Elliott Harry N. Scheiber
Rosamond L. Naylor (2003)
(2001)
Marine Reserves: A Tool for
Introduced Species in U.S. Coastal Ecosystem Management and
Waters: Environmental Impacts and Conservation
Management Priorities Stephen R. Palumbi
James T. Carlton (2003)
(2001)
WHITE PAPERS
Coastal Sprawl: The Effects of A Dialogue on America’s
Urban Design on Aquatic Ecosystems Fisheries: Summaries of the
in the United States Pew Oceans Commission Focus
Dana Beach Groups on Fishery Management
(2002) Staff of the Pew Oceans Commission
(2003)
Ecological Effects of Fishing Socioeconomic Perspectives
in Marine Ecosystems of the on Marine Fisheries in the
United States United States
Paul K. Dayton, Simon Thrush, Staff of the Pew Oceans Commission
Felicia C. Coleman (2003)
(2002)
136
Acknowledgements
Surf grass carpets reef ledge. Cortez Banks, California
© Chuck Davis/www.tidalflatsphoto.com
The Pew Oceans Commission wishes to
express its gratitude to The Pew Charitable Trusts,
whose vision and commitment to the well being of
our living oceans brought us together and made this
report possible. We appreciate as well the generous
support from the David and Lucile Packard
Foundation, the Rockefeller Brothers Fund, and the
Oxford Foundation.
This report represents the combined wisdom
of thousands of scientists, fishermen, teachers, envi-
ronmentalists, businesspeople, boaters, divers, and a
host of others who shared their perspectives and
expertise with us at our regional meetings, public
hearings, workshops, and in so many other ways.
We thank all of you for sharing your stories. Some of
your words struck us especially, and we salute the
contributions of the individuals and organizations
whose work is cited and whose words are quoted in
Steve Simonsen/Marine Scenes
our report. We extend our special gratitude to the
distinguished experts and their peers who wrote and
reviewed the seven scientific reports that informed
our deliberations and recommendations.
Our analysis was broadened and our capac-
Coral polyps, U.S. Virgin Islands
ity to produce this report was assured by the dedica-
tion and talent of the Pew Oceans Commission staff. We extend much gratitude to our partners in
this effort: the Commission's executive director, Christophe A. G. Tulou, and his colleagues Deb
Antonini, Jennifer Black, Courtney Cornelius, Steve Ganey, Justin Kenney, Jessica Landman, Chris
Mann, Jessica Riordan, Amy Schick, and Heidi Weiskel. And, in unison, we thank Bernice Wuethrich
who gave us a singular voice through the magic of her editing. We also received invaluable adminis-
trative and moral support from the staff of Strategies for the Global Environment.
We commissioners are particularly grateful for the wealth of time and knowledge shared by
staff within our own organizations who kept us informed, on time, in touch, and well-advised
throughout the Commission's fact-finding and decision-making journeys.
As with all ventures of this magnitude and length, it is impossible to fully and appropriately
convey our thanks for all the help we got along the way. This report is just the beginning of our
work, and we hope to meet you again as we set a course for a better ocean future.
137
Index
With the flick of its flukes, a humpback whale dives in waters near southeastern Alaska.
Photo © www.brandoncole.com
Boldface references indicate overfishing 2 dead zone 22
illustrations; italic entries refer Atmospheric pollution 52–53, 62–63, Caribbean Sea
to picture legends (captions). 63, 66, 71, 87, 122 biomass 32
Automobiles Carlsbad, California 68
miles traveled 52, 52, 52 Carlton, James 18
A
Act to Prevent Pollution from Ships 66 Caulerpa taxifolia (seaweed) 68, 69
Adams, John H. iii, iii, 13 Causey, Billy 31
B
Agricultural programs Baines, Bob 17, 17 Central Valley Project 55
funding and incentives 117, 120, Ballast water 4, 67, 69, 72, 82 Channel maintenance
121 recommendations 123–124 fees 95
Agricultural runoff 16, 54, 60, 62, Barndoor skate Charleston, South Carolina
117–118 risk of extinction 36 Commission visit 16–17, 91,
recommendations 117–118, 122 Barnegat Inlet, New Jersey 91–92, 135
Aila, William 15–16 dead zone 22 Chesapeake Bay 29
Air pollution 52–53, 62–63, 63, 66, Beach, Dana ix, 16 oyster decline 29–30
71, 87, 122 Benton, David 19 water quality 29–30
Airborne toxics 65 Bering Sea Chesapeake Bay, Maryland-Virginia
Alaska crab fleet 39 dead zone 22
contaminants in fish 19, 65 salmon 85 Chesapeake Bay Program 30, 34, 107
cruise ship regulations 66 Blue crabs 29 costs 93
fisheries 36, 38 population 30 Chile
fisheries tax 95 Bocaccio rockfish 2, 14, 36 biomass 32
Natives’ fishing rights 27 Boesch, Donald 21, 88 Chinese mitten crab 19, 67
Alden, Robin 17 Bon Secour Bay, Alabama Chinook salmon
Algal blooms vi, 2, 54, 62 dead zone 22 population decline 55
Anchorage, Alaska Bonneville Power Administration Clam aquaculture 73
Commission hearing 18–20, 59 salmon restoration funding 28 Claussen, Eileen iii, iii, 12
Annan, Kofi A. 80 Brady, Bonnie 20 Clean Air Act 65, 66, 122
Antarctic regions Bristol Bay, Alaska Clean Water Act of 1972
toxic pollution 65 red king crab fishery 38 and aquaculture 77, 78, 126
Antonini, Deb ix British Columbia compliance incentives 96
Aquaculture 73–79, 77 salmon hybridization vi–vii concentrated animal feeding
and climate change 84, 86 Butterfly fish ii operations 63, 122
environmental risks 4, 74, 74, Bycatch vi, 5, 41, 42–43, 43, 43, 48, and cruise ships 66, 123
76–78 81, 88 nonpoint source pollution 117
impact on fishermen 20 recommendations xi, 48, pollution standards 27, 57, 59,
and invasive species 6, 18, 67, 76 112–113 65
laws and legislation 34, 78–79 recommended changes 71–72,
production 73, 75 96, 121
C
recommendations xi, 79, California State Revolving Fund 96, 118
126–127 aquaculture production 75 and wetlands 56
Aquarium of the Americas, New coastal development 50, 50, 51 Climate change vii, 5, 6, 70, 83–87
Orleans, Louisiana 92 coastal pollution reduction 59 Coastal and Marine Ecosystems and
Arctic regions fisheries 14, 38, 42, 51 Global Climate Change:
toxic pollution 65 invasive species 68 Potential Effects on U.S.
Aripotch, Dave 20–21 species decline 51 Resources 83
Atlantic halibut tourism 49, 51, 92 Coastal development 5, 16–17, 50, 50,
overfishing 2, 5, 36 California abalone 51, 53, 58
Atlantic salmon risk of extinction 36 environmental impact vi, 6,
aquaculture vi–vii, 67, 75, 75, California Cooperative Oceanic 16–17
76, 127 Fisheries Investigation 90 growth management 58, 119
genetic engineering 76 California sea lions habitat protection funding
risk of extinction 36 death from algal blooms 2 118–119
Atlantic States Marine Fisheries California southern sea otters legislation 27
Commission 28–29 death from pollution 6 and loss of wetlands 6, 55–56
Atlantic striped bass Canary rockfish population 6, 49
recovery 38 overfishing 36 recommendations x, xi, 117–120
Atlantic swordfish Cape Fear River, North Carolina Coastal Nonpoint Pollution Control
138
Program 117 Ecosystem-based management 8, 90, conservation 45, 47, 109–110
Coastal Zone Management Act of 1972 110–111 ecosystem-based 44, 47,
7, 27, 104, 117, 125 Ecosystems. see also Marine ecosys- 110–111
recommendations 118–119 tems funding 48, 113, 115–116
Cod definition 8 governance 29, 44–48
overfishing 5, 36, 40 health 7, 32–33 Individual Fishing Quotas (IFQs)
recovery 39, 39, 39 Ecotourism 9. see also Tourism 20
Columbia River Basin, Canada-U.S. Education 91–92 national policy 46–48
salmon population 26, 28 recommendations xi recommendations x, xi
Concentrated animal feeding opera- El Niño events 86 zoning 111
tions 4, 60–61, 63–64, 71 Eley, Donald 18 Fishermen
recommendations xi, 122 Elkhorn Slough National Estuarine displaced 115
Connecticut Research Reserve, California impact of coastal development on
aquaculture production 75 14 17
Contaminants Ellis, Steve 55 New York 20–21
in seafood 19, 59, 65, 72, 125 Endangered Species Act of 1973 27, Fishery Conservation and Management
Convention on Biological Diversity 28, 71, 125 Act. see Magnuson-Stevens
80–81 Environmental Assessment and Fishery Conservation and
Convention on the Conservation and Monitoring Program 107 Management Act
Management of Highly Estes, Jim 14 Fishery Conservation and Management
Migratory Fish Stocks in the Eutrophication process 4, 61, 61, 62 Trust Fund 48, 115–116
Western and Central Pacific Everglades, Florida 6 Fishing gear 5, 111–112
Ocean 81 restoration costs 93 Flood insurance 53, 58, 120
Coon, Jim 15 Exclusive Economic Zone vii, 72, 75, Flooding 86
Coral reefs vi, 82 78, 80, 105, 123, foldout Floodplain management 120
bleaching vii, 62, 82, 83 map Florida
and climate change 5, 83–84 map 3 algal blooms 62
Florida Keys, Florida 6, 30 Exxon Valdez oil spill 27, 59, 64 aquaculture 73, 75, 78
Jamaica 8 coastal development 6
value 15 Florida Keys, Florida
F
Corpus Christi Bay, Texas Farm Bill 96, 122 dead zone 22
dead zone 22 Farrey, Patrice 17 marine ecosystem 6
Cousens, David 17 Federal Emergency Management National Marine Sanctuary 11,
Cruise ships 4, 65, 65–67, 71–72 Agency 120 30, 31
recommendations xi, 123 Federal funds Florida manatees
conditions 118, 119, 120, 121 death from algal blooms 2
Fish farming. see Aquaculture Flounder
D
Dania, Florida Fish stocks 37 recovery 38, 39, 116
Commission hearing 23 economic impact of restoration Flushing Bay, New York
DDT contamination 6 93 dead zone 22
Dead zones vi, 21, 22, 54, 62 Fisheries Food web 40–41
map 22 bycatch 42–43, 48 Freeport, Texas
Delaware commercial 35 dead zone 22
horseshoe crab catch 9 data collection 110
Delaware Bay, Delaware-New Jersey decline 14 G
horseshoe crab decline 9, 28–29 discard 43 Gas development 118
shorebird decline 9, 28–29 emerging 110–111 moratorium 105–106
Delaware River, U.S. fleet overcapacity 39–40 General Electric
dead zone 22 and habitat degradation 5, 42, PCB contamination 20
Deputies Committee 108 47, 111–112 Genetic engineering 76–77
Des Moines, Iowa international agreements 81 aquaculture 76–77
Commission hearing 21–22 monitoring 90 laws and legislation 79
Development 58. see also Coastal permits 113–114 moratorium 127
development quotas 113, 115 Georges Bank
compared with population recommendations 109–116 fish stocks 39, 39
growth 51 recreational v, 35, 45, 46 seafloor trawling 42
Dorsett, Chris 43 royalties and taxation 95, 115 Global Ocean Ecosystem Dynamics
vessel monitoring system 15–16 Program 90
Fisheries management 19, 36, 38 Global warming. see Climate change
E
Eastern oysters allocation 45, 47, 48, 109–110, Goldburg, Rebecca J. 73
pathogens 6 113–115 Governor's Committee on the Future
139
of Coastal Louisiana 23 Hood Canal, Washington zoning 58
Grader, Zeke 14 dead zone 22 Landings tax 95
Graham, Vince 16–17 Horseshoe crabs 8–9, 28–29, 42 Larson, Shawna 19, 59
Grasshopper effect 65 Hudson River, New York Laws and legislation 26–28, 32
Great Egg Harbor River, New Jersey dead zone 22 aquaculture 78–79
dead zone 22 PCB contamination 20 concentrated animal feeding
Grosvenor, Gil 91 Huntington Harbour, California 68 operations 63–64
Groundfish fishery 36 Hypoxia 22, 61, 62 cruise ships 66
recovery 39 fisheries management 44–48, 78
Growth. see Coastal development; invasive species 68–69
I
Development Iarocci, Tony 17 recommendations 33–34, 57–58
Guerrero, Carlotta Leon iii, iii, xii, 13 Impervious surfaces sound 71
Gulf of Alaska Ecosystem Monitoring watershed pollution 56 Levin, Lisa 135
Program 90 Incidental capture. see Bycatch Limu (seaweed) 15
Gulf of Maine Individual Fishing Quotas (IFQs) 20 Ling cod 32
fish stocks 39 International agreements 80–81 Lobster fishery
Gulf of Maine Ocean Observing aquaculture 79, 127 management practices 17
System 90 ballast water 123–124 Long Island Sound, Connecticut-New
Gulf of Mexico bycatch 79 York
dead zone vi, 54, 62 recommendations 127 dead zone 22
mercury levels in fish 65 International Commission for the Los Angeles, California
nitrogen from Mississippi River 59 Conservation of Atlantic coastal pollution reduction 59
Gulf Restoration Network 43 Tunas 81 harbor dead zone 22
International Maritime Organization Louisiana
ballast-water management 72, 82, coastal erosion 23
H
Habitat 123–124 wetlands loss 5, 54
loss 5, 42, 47, 51, 55–56, International Pacific Halibut Louisiana Shelf
111–112 Commission 38 dead zone 22
protection 58 Invasive species vi–vii, 4, 6, 67, 67–69 Lubchenco, Jane iii, iii, 13
Haddock and climate change 85
overfishing 5, 40 laws and legislation 68–69 M
recovery 39, 39 rate of invasions chart 19 Magnuson-Stevens Fishery
Harbor Maintenance Tax 95 recommendations xi, 72, 124 Conservation and
Harbor seals released from aquaculture 4, 6, Management Act 44–48, 78,
PCB contamination 6 18, 67, 76 103, 109, 125
Hard clams sources 67–68 Maine
aquaculture 75, 75 aquaculture 4, 75, 76, 77, 78
Harris, George 135 Commission visit ix, 17
J
Hartig, Ben 17 Jefferson, Thomas 26 fishery policies 38
Hawaii Manatees
aquaculture 75, 78 death from algal blooms 62
K
biomass 32 Kennedy, John F. 12 Mangroves
Commission visit ix, 92, 134, 135 Kennedy, Victor S. 83 Florida Keys, Florida 30
fishing 46 Kennel, Charles F. iii, iii, 13, 135 Marine ecosystems
impact of resource decline 15 Kenya and climate change 84
Hawaiian monk seals biomass 32 and fishing 41, 41–42, 46–47
risk of extinction 36 KidScience (television program) xii, 92, food web 40–41
Hayden, Mike iii, iii, 12 135 governance 33–34
Heal, Geoffrey iii, iii, 13, 135 Kihei, Maui, Hawaii 15–16 health 102, 109
Heathcote, Susan 21 Killer whales 99 monitoring 90, 109
Heavy metal pollution 64, 65 PCB contamination 6, 59 protection 31
Herring Knowles, Tony iii, iii, 12 recommendations 102
recovery 39 Kodiak, Alaska Marine Fisheries Oversight
Hillsborough Bay, Florida Commission meeting viii, ix, Commission 110
dead zone 22 19–20 Marine Mammal Protection Act of
Holland, Fred 16 Kuhns, Tracy 23 1972 27
Hollings, Ernest ix and sound 71, 125
Hollings Marine Laboratory, Marine mammals
L
Charleston, South Carolina 16 Land use 16, 51–53 as bycatch 43
140
Marine reserves 31, 34, 106 and aquaculture 78, 127 risk of extinction 36
fish biomass 32 bycatch monitoring 112–113 Northwest Power Planning Council 28
Marine zoning 34, 47, 105–106, 111 conservation decisions 47, 109, Nutrient pollution vi, vi, x, 21–22, 54,
Maryland 110 56, 57, 59, 60, 60, 61–64
brown trout decline 56 investigations 70 from aquaculture 77
horseshoe crab catch 9 regional fishery council oversight impact on Chesapeake Bay 30
invasive species 69 104 recommendations 117
Massachusetts statistics 9, 46, 93 removal technology 122–123
aquaculture production 75 National Oceanic and Atmospheric
Maui, Hawaii Administration (NOAA) 7, O
Commission hearing 14–16 34, 78, 79, 94, 107 Ocean Dumping Act of 1972 27
Maxwell, Kahu Charles Kauluwehi 15 National Oceans Adviser 34, 108 Ocean ecosystem councils 33–34
McNutt, Marsha 14 National Oceans Agency 34, 103, 106 Ocean ethic 9–11, 97–98
Memminger Elementary School, National Oceans Council 34, 91, Ocean literacy 91–92
Charleston, South Carolina 107–108 Ocean management
91, 91–92 National Ocean Policy Act x, 33, 34, funding 92–93
Menhaden (fish) 72, 98, 102 Ocean zoning 34, 47, 105–106, 111
death from algal blooms 2, 61–62 funding sources 94–95 Office of Management and Budget 108
Mercury contamination 64, 65, 125 National Pollutant Discharge Oil development 118
Migration 9 Elimination System 122, moratorium 105–106
and climate change 84–85 123, 126 Oil Pollution Act of 1990 27, 64
Milling, King 23, 49, 54 National Research Council 59 Oil spills 27, 59, 64
Mineral development 118 National Science Foundation 108 Orcas 99
Minerals Management Service 107 Neuse River, North Carolina PCB contamination 6, 59
Mississippi River, U.S. 54 dead zone 22 Oregon
delta restoration costs 93 Pfisteria outbreak 61–62 aquaculture production 75
nitrogen runoff 59 New Caledonia Organic legislation 32
watershed 21–22 biomass 32 Overfishing vi, 2, 5, 7–8, 35–39, 37,
Mobile Bay, Alabama New England 41, 73
dead zone 22 fish stocks 36, 38, 39, 39 definition 111
Mollusk farming 73 fisheries depletion 2, 5 rebuilding stocks 39
Monterey, California New Hampshire research 88
Commission visit 14, 23, 32, 135 fishermen 40 Oysters
sardine fishery 36 New Jersey aquaculture 73, 75, 75, 126
Monterey Bay Aquarium, California horseshoe crab catch 9 and climate change 84
14, 92 New Orleans, Louisiana decline 29–30
Monterey Bay National Marine Commission hearing 23, 49
Sanctuary, California 12, 14 New York P
Moonen, Rick 20 Commission visit ix, 21 Pacific Coast Federation of Fishermen's
Mote Marine Laboratory, Sarasota, New York, New York Associations 14
Florida 91–92 coastal development 50, 50 Pacific Fishery Management Council
Mullica River, New Jersey Commission meeting 20–21 36
dead zone 22 harbor dead zone 22 Pacific leatherback turtles
Myrtle Beach, South Carolina 16 New York Bight risk of extinction 36
dead zone 22 Pacific red snapper 2, 14, 36
Nitrogen inputs vi, 2, 54, 59, 60, 60, Pacific salmon
N
National Academy of Sciences 4, 110, 62, 63–64, 121 and climate range 84–85
127 recommendations 122 decline 26, 28
National Aquaculture Act of 1980 78 Noise 69–71 fishing v
National Environmental Policy Act 71, recommendations xi, 72 hybridization with Atlantic
72, 125 Nonpoint source pollution 4, 56, 57 salmon vi–vii
National Estuaries Program 107 funding for control 118 Packard, Julie iv, iv, 13
National Estuarine Research Reserve incentives 122 PAHs 64, 125
System 118–119 recommendations x, xi, 57–58, Pamlico River, North Carolina
National Flood Insurance Program 58 71, 117–118, 121 dead zone 22
recommendations 120 sources 59, 60 Pamlico Sound, North Carolina
National Invasive Species Act of 1996 North Atlantic swordfish menhaden deaths 2
66, 68–69, 72, 124 recovery v Panetta, Leon E. iii, iii, ix, 12, 17, 97,
National Marine Fisheries Service Northern right whales 135
141
forward by i 59, 62, 63–64, 85, 121 Rockfish 2, 36
Parravano, Pietro iv, iv, 12–13 total maximum daily load 117 Rockport, Maine
Pataki, George E. iv, iv, 12 toxic xi, 19 Commission hearing 17–18
PCB contamination 6, 20, 59, 64, 125 waste disposal 27, 66 Roosevelt, Theodore, IV 20, 35
Perdido Bay, Alabama-Florida water standards 57 Rufe, Roger T. iv, iv, 13, 21, 134
dead zone 22 Polychorinated biphenyls 6, 20, 59, Runoff pollution 2, 16, 52–53, 54, 56,
Perkinsus marinus (pathogen) 6 64, 125 57, 59, 62, 63–64
Pettaquamscutt River, Rhode Island Polycyclic aromatic hydrocarbons and climate change 85
dead zone 22 (PAHs) 64, 125 recommendations 117–118, 121
Pew Center on Global Climate Change Pontchartrain, Lake, Louisiana
83 dead zone 22 S
Pew Oceans Commission Population Sacramento River Delta, California
activities ix, 9, 13, 134–135 coastal 49 restoration costs 93
Alaska hearings viii, ix, 18–20, growth 51, 52 wetlands loss 55
41, 59, 134 Portland, Oregon Salmon
aquaculture recommendations xi, Commission visit 23 Atlantic vi–vii, 4, 36, 67, 75, 75,
79, 126–127 Ports 76, 127
California visit 14, 23, 32, 135 fees 95 habitat loss 55
education recommendations 92 Potomac River, U.S. Pacific vii, 26, 28, 84–85
fisheries recommendations x, dead zone 22 San Diego, California
46–48, 109–116 Providence, Rhode Island coastal pollution reduction 59
Florida visit 23 marine aquaculture conference marine aquaculture conference
funding recommendations 94 23 23
governance recommendations Public lands management 32 San Francisco, California
ix–xi, 33–34, 58, 102–109 Puget Sound, Washington coastal development 50, 50
Hawaii visit ix, 14–16, 92, 134, PCB contamination 6 San Francisco Bay
135 cruise ships 66
Iowa hearing 21–22 herring fishery 38
R
Louisiana hearing 23, 49 Rabalais, Nancy 21–22 invasive species vi, 4, 67
Maine visit ix, 17–18, 135 Rappahannock River, Virginia restoration programs 55
members iii, iii–iv, iv, 12–13 dead zone 22 Sardine fisheries
mission ix Raritan Bay, New Jersey collapse 14
New York visit ix, 20–21, 21 dead zone 22 overfishing 36
Oregon visit 23 Reagan, Ronald 3 Scientific research 14, 89, 94
pollutant recommendations x, xi, Red king crab aquaculture 127
57–58, 71–72, 121–125 overfishing 39 federal funding 88, 89
publications 136 recovery 38 recommendations xi, 89, 89–91
scientific research recommenda- Red knots (birds) 9 sound 124–125
tions xi, 89–91 Red Sea toxic pollution 125
Seattle, Washington workshop 23, biomass 32 Scup
38–39, 41 Red snapper recovery 38
South Carolina visit ix, 16–17, as bycatch 43 Sea Grant Law Center, University of
91, 91–92, 135 Regional fishery management councils Mississippi 27
Pfisteria piscicida (alga) 61–62 48, 103, 104, 110 Sea-level rise 83–84, 85
Philippines Regional ocean ecosystem councils Sea otters 96
biomass 32 33–34, 104–106 decline 14
Phytoplankton blooms 62 Regional ocean governance councils Sea surface temperatures 5, 6
Point source pollution xi, 4, 60–61, 103–104 Sea turtles 2, 55
63–67, 71–72, 122–123 aquaculture regulation 126 as bycatch 5, 43, 48, 81
Pollution funding 94 protection 15
atmospheric 52–53, 62, 66, 71, Regional science groups 109–110 Seabirds
87, 122 Restoration ecology 90 as bycatch 5, 43
automobile 52–53 costs 93–94 Seafood
from cruise ships 66 Richmond, Robert 15 consumption 73, 75
legislation 27 Riley, Joseph P., Jr. iv, iv, 12, 91, 91–92 contamination 19, 59, 65, 72,
nutrient 2, 52–53, 56, 57 Rivers and Harbors Act 78 125
recommendations x, xi, 57–58, Roberts, Michael 23 Seagrasses
71–72, 117–118, 121–125 Rockefeller, David, Jr. iv, iv, 13 Chesapeake Bay 29–30
runoff 2, 16, 52–53, 54, 56, 57, preface by ii Florida Keys, Florida 30
142
Seattle, Washington international agreements 81–82 recommendations 71, 72, 107,
Commission workshop 23 recommendations xi, 125 117, 121
Seaweed Train, Steve 18 and toxic pollution 125
invasive species 68, 69 Transportation Equity Act of 2001 96 U.S. Exclusive Economic Zone 72, 75,
Seychelles Transportation programs 78, 80, 105, 123, foldout
biomass 32 funding and incentives 118, 120, map
Shipping industry 121 map 3
fees 95 Transportation-related pollution 52, U.S. Fish and Wildlife Service 78, 107,
Shorebirds 118 127
decline 9, 28–29 Tributyltin contamination 6 U.S. Food and Drug Administration
Shrimp 125
aquaculture 75, 75 U.S. Navy 70, 70
U
fisheries bycatch 43 United Nations U.S. State Department 108
international trade 23, 81 Conference on Environment and User fees 95, 115
Sloan, Steven 2 Development 81
Snakehead fish 69 Conservation and Management of V
Sound 69–71, 70 Straddling and Highly Vehicle miles traveled 52, 52
recommendations xi, 72, Migratory Fish Stocks 81 Virginia
124–125 Convention on the Law of the Sea aquaculture production 75
South Africa vii, 26, 80–81
biomass 32 United States W
South Carolina extent of ocean territory vii, 2, Waquoit Bay, Massachusetts
coastal development 16–17 31, foldout map dead zone 22
Commission visit ix, 91 U.S. Army Corps of Engineers 53–55, Ware, Marilyn iv, iv, 13
South Carolina Aquarium 92 96 Washington
Spiny dogfish and aquaculture 78 aquaculture production 75
overfishing 38, 40 authority 27 coho salmon decline 56
Sprat Mississippi River activities 54 fish biomass 32
recovery 39 under NOPA 34, 107 Water quality 51, 57
St. Johns River, Florida recommendations for 58, recommendations 117–118, 121
dead zone 22 119–120 Water Resources Development Act 96
St. Joseph Bay, Florida U.S. Bureau of Reclamation Watershed level planning x, xi, 30,
dead zone 22 Central Valley Project 55 56–58, 117–118, 121
St. Lucie River, Florida U.S. Coast Guard 66, 69, 107, 123 Watersheds
dead zone 22 U.S. Department of Agriculture runoff pollution 56
State responsibilities 104, 105 aquaculture programs 34, 107 Wetlands
Steelhead best management practices 121 habitat loss 54, 55, 56, 62
habitat loss 55 recommendations 107, 108, 121 impact of climate change 85
Steller sea lions 41 U.S. Department of Commerce 36, 37, as pollution filters 56, 62
Stockholm Convention on Persistent 38, 107 Whales
Organic Pollutants 72, Aquaculture Policy 75–76 stranding 70, 70
81–82, 125 U.S. Department of Defense 108 White, Patten (Pat) D. iv, iv, 12
Stratton Commission vii, 7 U.S. Department of the Interior 108 Whitman, Christie Todd 12
Striped bass marine programs 34 Wilson, James 17
recovery v Minerals Management Service World Summit on Sustainable
Submerged Lands Act of 1953 26 107 Development
Sullivan, Kathryn D. iv, iv, 12 U.S. Department of Transportation 108 Plan of Implementation 80
Sustainable Fisheries Act of 1996 46, best management practices 121 World Trade Organization 81
78 recommendations 121
U.S. Environmental Protection Agency Y
and aquaculture 78, 126 Yellowtail flounder
T
Texas authority 20, 27, 59, 78 overfishing 5, 40
aquaculture production 75 ballast water 123 recovery 39
Texas Shelf best management practices 121 York River, Virginia
dead zone 22 concentrated animal feeding dead zone 22
Tourism 15, 35, 49, 49 operations 63–64, 122
Townsend-Hereford Inlet, New Jersey National Estuaries Program 34
dead zone 22 Ocean Dumping Site inventory
Toxic pollution 4, 64–65, 72 125
143
Pew Oceans Commission
CONNECTING PEOPLE AND SCIENCE TO SUSTAIN MARINE LIFE
Sea otters in Monterey, California, float among kelp beds.
Frans Lanting/Minden Pictures
STAFF OF THE PEW OCEANS COMMISSION
The Honorable Christophe A. G. Tulou, Executive Director
Deb Antonini, Managing Editor and Director of Illustrations
Steve Ganey, Director of Fisheries Policy
2101 Wilson Boulevard, Suite 550
Arlington, Virginia 22201 Justin Kenney, Director of Communications
www.pewoceans.org Jessica Landman, Director of Publications
Chris Mann, Director of Ocean and Coastal Policy
Amy Schick, Director of Marine Conservation Policy
To me the sea is a continual Heidi W. Weiskel, Director of Pollution Policy
Courtney Cornelius and Jessica Riordan, Special Assistants
miracle; The fishes that swim—the
Jennifer Black, Intern
rocks—the motion of the waves—
the ships, with men in them, What
Design and Production: Widmeyer Communications.
stranger miracles are there?
Printing: Fontana Lithograph, Inc.
WALT WHITMAN CD-ROM Design: Deb Antonini. CD-ROM Replication: Oasis CD Manufacturing.
American Poet (Miracles, 1856) Indexing: Connie Binder.
Citation for this Report: Pew Oceans Commission. 2003.
America’s Living Oceans: Charting a Course for Sea Change. A Report to the
Nation. May 2003. Pew Oceans Commission, Arlington, Virginia.
Opposite Photo: Ron Dahlquist/rondahlquist.com
Copyright © 2003 Pew Oceans Commission. All rights reserved. Reproduction of
the whole or any part of the contents without written permission is prohibited.
Printed on 10% recycled paper.
Steve Simonsen/Marine Scenes
A stoplight parrotfish swims among soft and hard corals in Virgin Islands National Park, U.S. Virgin Islands. Parrotfish
feed on the algae that grow on hard corals. They use special teeth in their throats to grind hard coral, which is
144 deposited on the reef as white coral sand.
CHARTING A COURSE FOR SEA CHANGE
A Report to the Nation
Recommendations for a
New Ocean Policy
COMMISSION
May 2003
FRONT AND BACK COVER
Light of the setting sun bathes battered sea stacks shrouded by summer fog at
McClure’s Beach, in Point Reyes National Seashore, California. Here, pounding
Pacific waves have carved a shoreline of white crescent beaches and rocky cliffs.
FOLDOUT MAP
The United States’ oceans span nearly 4.5 million square miles, an area 23 percent
larger than the land area of the nation.
David Sanger/davidsanger.com
America’s Living Oceans
CHARTING A COURSE FOR SEA CHANGE
A Report to the Nation
Recommendations for a
New Ocean Policy
May 2003
Leon E. Panetta, Chair
Contents
Sea otter with starfish, Central California coast
Tom & Pat Leeson
Foreword i
Preface ii
Members of the Pew Oceans Commission iii
Executive Summary v
PART ONE
State of America’s Oceans
Introduction: The Ocean Domain 2
Chapter One: America Speaks 12
Steve Simonsen/Marine Scenes
Cushion sea star, Hurricane Hole,
U.S. Virgin Islands
© Chuck Davis/www.tidalflatsphoto.com
California garibaldi in a kelp forest,
Santa Catalina Island, California
PART TWO
A Public Good at Risk
Chapter Two: Governance for Sustainable Seas 26
Chapter Three: Restoring America’s Fisheries 35
Chapter Four: Preserving Our Coasts 49
Chapter Five: Cleaning Coastal Waters 59
Chapter Six: Guiding Sustainable Marine Aquaculture 73
Chapter Seven: Beyond Our Borders 80
Steve Simonsen/Marine Scenes
Chapter Eight: Science, Education, and Funding 88
Chapter Nine: Conclusion: Charting a Course 97
Cushion sea stars, Virgin Islands
National Park, U.S. Virgin Islands
PART THREE
Detailed Recommendations
Chapter Ten: Governance for Sustainable Seas 102
Chapter Eleven: Restoring America’s Fisheries 109
Chapter Twelve: Preserving Our Coasts 117
Chapter Thirteen: Cleaning Coastal Waters 121
Chapter Fourteen: Guiding Sustainable Marine Aquaculture 126
Works Cited 128
Regional Meetings 134
Publications of the Pew Oceans Commission 136
Acknowledgements 137
Index 138
Pew Oceans Commission 144
Publications of the Pew Oceans
Commission on CD-ROM Inside Back Cover
Foreword
Oregon Dunes National Recreation Area, Florence, Oregon
© Dave Welling
At the heart of the American Dream is a desire to secure a better future for our children.
That is what my grandfather sought as he sailed the oceans in great sailing ships and fished off
California and Alaska. That is what my immigrant parents worked for when they moved their family from
Italy to central California. And, that is the commitment my wife and I have made for our children.
There can be no legacy without caring for those things most important to us. In our family, preserv-
ing the oceans’ beauty and bounty for future generations is an obligation to be honored.
I grew up and live in Monterey, California—a community made famous by John Steinbeck’s
Cannery Row—where boundless catches of sardines, bustling canneries, large fishing fleets of purse sein-
ers, and busy wharves and shops served and supported fishermen and their families. When the sardine
industry collapsed, the lives and businesses that depended on that seemingly endless resource also col-
lapsed.
My goal has been to end this kind of devastation, which threatens other fishing communities along
our coasts. For 16 years, I represented coastal residents in Congress, fighting to protect the oceans and
those whose livelihoods depend upon them. One of my proudest accomplishments is the creation of the
Monterey Bay National Marine Sanctuary to restore, protect, and sustain the living resources so vital to the
beauty and economy of this coast.
Nearly three years ago, my love for the oceans brought me to the Pew Oceans Commission. I am
joined in this effort by a distinguished group of individuals, each with a special connection to the oceans.
They bring many lifetimes of leadership and accomplishment from the worlds of science, fishing, conser-
vation, government, education, business, and philanthropy. They are bipartisan and independent, hailing
from the North Atlantic to the South Pacific.
Based on our careful review of the laws, policies, and institutions affecting life off our shores, we
advocate a fundamental change in this nation’s posture toward its
oceans. The recommendations presented here reflect the testimony
of hundreds of individuals who joined us in public hearings and
other gatherings across the country. We also solicited the best think-
ing of leading scientists and the firsthand experiences of fishermen,
conservationists, and businesspeople.
There is consensus that our oceans are in crisis and that
reforms are essential. In the 1960s, the Stratton Commission
reviewed U.S. ocean policy, found it lacking, and the nation
responded. Much has changed in the ensuing years, and once again
a commitment is needed to protect and preserve this national trust.
Jeff Sedlik/Workbookstock.com
A century ago, President Theodore Roosevelt committed the
nation to the critical objective of preserving our land. Today, we
have a similar responsibility to the seas that cover about 71 percent
of our planet. These recommendations provide an opportunity and
the means to meet our obligation and provide for our children a
bountiful ocean legacy.
The oceans are a national trust
we must preserve for this and
future generations. Leon E. Panetta
Chair, Pew Oceans Commission
i
Preface DEEP WATER: AMERICA’S OCEANS IN TROUBLE Digital Vision
Americans have always loved the ocean. Half of us live in coastal communities and the other half come to
visit. Perhaps, as President John F. Kennedy once suggested, it is “the salt in our veins.”
When we stand at the water’s edge, we stare longingly out to sea—for the boat to return, for the tides
to shift, for the winds to arrive, for the fish to bite, for the sun to rise or set—beyond the far horizon.
Inspired by their majesty and mystery, we depend on our oceans and their coasts, not just for pleasure
and food—although these uses are central—but also as a counterweight to extremes of heat and cold on
land, as a sponge for absorbing excess carbon, and as a generator of life-giving oxygen. Although we often
view the ocean as starting where the land ends, that separation is arbitrary. Land and oceans are part of the
same global system. Activities on one profoundly affect the other.
Just as the 20th century brought us into knowledgeable contact with outer space, the 21st will almost
certainly connect us more intimately to our oceans. In fact, it is imperative because—as much as we love our
oceans—our ignorance has been destroying them. We love clean beaches, but what we discharge into the
oceans befouls them. We destroy the very coastal wetlands we need to buffer storms and filter fresh water. A
nation of seafood lovers, we are careless about how we treat the ocean’s “nurseries” and brood stocks that
replenish our fish supply.
Furthermore, the size of the world’s human population and the extent of our technological creativity have
created enormously damaging impacts on all of the oceans. We are now capable of altering the ocean’s chem-
istry, stripping it of fish and the many other organisms which comprise its amazingly rich biodiversity, exploding
and bleaching away its coral nurseries, and even reprogramming the ocean’s delicate background noise.
We love our freedom to move about the ocean surface where no streets, signs, or fences impede us,
yet our sense that no one owns this vast realm has allowed us to tolerate no one caring for it.
During the 20th century our nation has come to regard the air we breathe, the fresh water we drink,
and the open lands as “common goods,” part of our public trust. Now we must acknowledge that the oceans,
too, are part of our common heritage and our common responsibility.
The report of the Pew Oceans Commission outlines a national agenda for pro-
tecting and restoring our oceans. It is a vision that projects an equilibrium of goods
withdrawn from and goods regenerated within the ocean. It is a vision that abhors
the careless—no less the systematic—extinction of vital sea species. It is a vision of
clean water and clear horizons. Both comprehensive and detailed, the report pres-
ents a new direction for governing our oceans. From identifying the nonpoint pollu-
tants that rush down our waterways into our coastal bays to proposing protected
zones for critical marine life, the Commission has confronted the most challenging
aspects of ocean policy. If its recommendations are accepted and acted upon, we
Steve Simonsen/Marine Scenes
can anticipate a future when fish will again be plentiful and fishing communities will
thrive, when beaches will be clean again, and now-impoverished coral reefs will
teem with life.
We invite the American public to embrace this vision and to join with us to
launch a national effort in behalf of future generations—to understand and protect our
vast and bountiful, fragile and mysterious seas.
Pacific double-saddle butterfly
fish, Western Shoals, Agana
Harbor, Guam
David Rockefeller, Jr.
Vice Chair, National Park Foundation
Member, Pew Oceans Commission
ii
Members OF THE PEW OCEANS COMMISSION
Kenai Fjords National Park, Alaska
Deb Antonini/Pew Oceans Commission
The Honorable Leon E. Panetta, Chair
He is director of the California State University Panetta Institute for
Public Policy. He served in Congress for eight terms. He chaired the
House Budget Committee and served as White House chief of staff.
John H. Adams
He is the founder and president of the Natural Resources Defense Council
—one of the nation’s leading environmental organizations. In 1998,
he was named one of Audubon’s 100 Champions of Conservation.
The Honorable Eileen Claussen
She is president of the Pew Center on Global Climate Change. She is a former assistant
secretary of state for oceans, environment, and science.
The Honorable Carlotta Leon Guerrero
She is a former member of the Guam Senate where she chaired committees with juris-
diction over transportation, telecommunications, and Micronesian affairs. She is current-
ly co-director of the Ayuda Foundation, a nonprofit health care organization in Guam.
The Honorable Mike Hayden
He is the secretary of the Kansas Department of Wildlife and Parks.
The former governor of Kansas served as president and CEO
of the American Sportfishing Association, a recreational fishing group.
Geoffrey Heal, Ph.D.
He is the Garrett Professor of Public Policy and Corporate Responsibility
and professor of economics and finance at the Graduate School of
Business at Columbia University. One of his major research interests is
the interaction of human societies and their natural resources.
Charles F. Kennel, Ph.D.
He is director of the Scripps Institution for Oceanography and the author of
more than 250 publications in plasma physics, planetary science,
and astrophysics. He has been both a Fulbright and Guggenheim Scholar.
The Honorable Tony Knowles
He recently completed his second term as governor of Alaska. He was the
mayor of Anchorage and served on the North Pacific Fishery Management
Council, where he was instrumental in efforts to reduce bycatch.
Jane Lubchenco, Ph.D.
She is an Oregon State University professor of marine biology, a MacArthur Fellow, and
past president of both the American Association for the Advancement of Science and the
Ecological Society of America. She is president-elect of the International Council for
Science, and recipient of the 2002 Heinz Award for the Environment.
iii
Julie Packard
She is the founder and executive director of the Monterey Bay Aquarium
and vice chair of the David and Lucile Packard Foundation. She is the
1998 recipient of the Audubon Medal for Conservation.
The Honorable Pietro Parravano
He is a commercial fisherman and owner of the Anne B. He is the
president of the Pacific Coast Federation of Fishermen’s Associations and
an elected member of the San Mateo County Harbor Commission.
The Honorable George E. Pataki
He is currently serving his second term as governor of New York.
After graduating from Columbia Law School, he served ten years in the
state legislature and was mayor of the city of Peekskill, his hometown.
The Honorable Joseph P. Riley, Jr.
He is serving his seventh term as mayor of Charleston, South Carolina. He has served
as the president of the U.S. Conference of Mayors and has received many awards,
including the Outstanding Mayors Award from the National Urban Coalition.
David Rockefeller, Jr.
He is director and former chair of Rockefeller Co., Inc., and is an active participant in
the nonprofit fields of art, philanthropy, and the environment. He is a vice chair of the
National Park Foundation and trustee of the Rockefeller Brothers Fund.
Vice Admiral Roger T. Rufe, Jr., U.S. Coast Guard (Retired)
He is the president and CEO of The Ocean Conservancy. While in the U.S.
Coast Guard, he led offices responsible for marine conservation in Alaska
and the Southeast U.S.
Kathryn D. Sullivan, Ph.D.
She is the president and CEO of COSI, a hands-on science center in Columbus, Ohio. As
a NASA astronaut, she was the first U.S. woman to walk in space. She served as NOAA’s
chief scientist from 1992 to 1996. She has a Ph.D. in geology.
Marilyn Ware
She is the chairman of the board of American Water Works Company, the nation’s
largest private drinking water utility. She is a former newspaper editor and publisher,
and currently serves on the board of the American Enterprise Institute.
Patten (Pat) D. White
He is a commercial fisherman and CEO of the Maine Lobstermen’s Association.
He is a member of the Atlantic States Marine Fisheries Commission,
and serves on the editorial board of National Fisherman.
iv
Executive Summary
Bocaccio, Channel Islands National Marine Sanctuary, California
Richard Herrmann
America’s oceans are in crisis and the stakes resources are exposing limits in natural systems
could not be higher. More than half the U.S. once viewed as too vast and inexhaustible to
population lives in coastal counties. The resi- be harmed by human activity. Without reform,
dent population in this area is expected to our daily actions will increasingly jeopardize a
increase by 25 million people by 2015. More valuable natural resource and an invaluable
than 180 million people visit the shore for aspect of our national heritage.
recreation every year. In the midst of crisis, there are expres-
Though a price tag has never been sions of hope and signs of success. Striped bass,
assigned to our coastal economy, it is clear severely depleted along our Atlantic shores,
that it contributes significantly to the nation’s made a striking comeback when given a
overall economic activity. Tens of thousands of chance. North Atlantic swordfish recently did
jobs in fishing, recreation, and tourism depend the same in response to lower catch limits and
on healthy, functioning coastal ecosystems. closed nursery areas. Seabirds, kelp beds, and
Now, thousands of jobs and billions of dollars fish communities returned to the coastal waters
of investment have either been lost or are off Los Angeles after waste discharges were
jeopardized by collapsing fisheries. Pollution reduced. Proven, workable solutions to the cri-
and sprawl threaten ocean-related tourism and sis in our oceans exist but such successes will
recreation, far and away the largest compo- remain the exception rather than the rule until
nent of the coastal we chart a new course for ocean management.
economy.
But more than THE EVIDENCE
jobs are at stake. All The evidence that our oceans face a greater
Americans depend on array of problems than ever before in our
the oceans and affect nation’s history surrounds us. Marine life and
the oceans, regardless vital coastal habitats are straining under the
of where they live. increasing pressure of our use. We have reached
Ron Niebrugge/wildnatureimages.com
Ocean currents circu- a crossroads where the cumulative effect of
late the energy and what we take from, and put into, the ocean sub-
water that regulate the stantially reduces the ability of marine ecosys-
Earth’s climate and tems to produce the economic and ecological
weather and, thus, goods and services that we desire and need.
affect every aspect of What we once considered inexhaustible
the human experience. and resilient is, in fact, finite and fragile.
Fishing figures prominently in the
economies of many coastal communities, Our very dependence The crisis confronting our oceans has
including Seward, Alaska, where anglers fish
on and use of ocean many dimensions.
for salmon in Resurrection Bay.
v
s Coastal development and associated sprawl
destroy and endanger coastal wetlands and
© 2003 Norbert Wu/www.norbertwu.com
estuaries that serve as nurseries for many
valuable fishery species. More than 20,000
acres of these sensitive habitats disappear
each year. Paved surfaces have created
expressways for oil, grease, and toxic pol-
lutants into coastal waters. Every eight
months, nearly 11 million gallons of oil run Nutrient pollution of coastal waters causes excessive
algae growth on coral reefs, such as this one off
off our streets and driveways into our
Hawaii. Other major threats to reefs include climate
waters—the equivalent of the Exxon Valdez change, overfishing, and sediment runoff resulting
from development and agriculture.
oil spill.
overfished or are being fished unsustain-
s More than 60 percent of our coastal rivers
ably. An increasing number of these species
and bays are moderately to severely
are being driven toward extinction. Already
degraded by nutrient runoff. This runoff cre-
depleted sea turtle, marine mammal, sea-
ates harmful algal blooms and leads to the
bird, and noncommercial fish populations
degradation or loss of seagrass and kelp
are endangered by incidental capture in
beds as well as coral reefs that are impor-
fishing gear. Destructive fishing practices
tant spawning and nursery grounds for fish.
are damaging vital habitat upon which fish
Each summer, nutrient pollution creates a
and other living resources depend.
dead zone the size of Massachusetts in the
Combined, these aspects of fishing are
Gulf of Mexico. These types of problems
changing relationships among species in
occur in almost every coastal state* and the
food webs and altering the functioning of
trends are not favorable. If current practices
marine ecosystems.
continue, nitrogen inputs to U.S. coastal
s Invasive species are establishing them-
waters in 2030 may be as much as 30 per-
selves in our coastal waters, often crowd-
cent higher than at present and more
ing out native species and altering habitat
than twice what they were in 1960.
and food webs. More than 175 introduced
s Many ecologically and commercially cru-
species thrive in San Francisco Bay alone.
cial fish species, including groundfish and
Nearly one million Atlantic salmon
salmon populations along the Atlantic and
escaped from farm pens on the western
Pacific Coasts, face overfishing and numer-
coast of North America in the last 15
ous other threats. Thirty percent of the fish
years. The species is now successfully
populations that have been assessed are
*As used in this report, the terms “state” or “states” mean any or all of the fifty states, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, the Virgin
Islands, Guam, and any other commonwealth, territory, or possession of the United States.
vi
reproducing in British Columbia rivers and springs and upon which all living things,
diluting the gene pool of native species by including humans, depend.
hybridizing with Pacific salmon. New
species are regularly finding a home SEEDS OF CRISIS
around our coastlines as hitchhikers in The root cause of this crisis is a failure of
ship ballast water or on ship hulls, both perspective and governance. We have
escapees from fish farms, and even as failed to conceive of the oceans as our largest
discarded home aquarium plants and ani- public domain, to be managed holistically for
mals. Of the 374 documented invasive the greater public good in perpetuity. Our
species in U.S. waters, 150 have arrived oceans span nearly 4.5 million square miles,*
since 1970. an area 23 percent larger than the nation’s
In addition to these varied threats, cli- land area. Similarly, we have only begun to
mate change over the next century is project- recognize how vital our oceans and coasts
ed to profoundly impact coastal and marine are to our economy as well as to the cultural
ecosystems. Sea-level rise will gradually inun- heritage of our nation. Finally, we have come
date highly productive coastal wetlands, estu- too slowly to recognize the interdependence
aries, and mangrove forests. Coral reefs that of land and sea and how easily activities far
harbor exceptional biodiversity will likely inland can disrupt the many benefits provided
experience increased bleaching due to higher by coastal ecosystems.
water temperatures. Changes in ocean and The foundation of U.S. ocean policy was
atmospheric circulation attributable to climate laid in a very different context than exists
change could adversely affect coastal today. The principal laws to protect our
upwelling and productivity and have signifi- coastal zones, endangered marine mammals,
cant local, regional, and global implications ocean waters, and fisheries were enacted 30
on the distribution and abundance of living years ago, on a crisis-by-crisis, sector-by-sec-
marine resources. tor basis. Much of what exists of an ocean
These are just some of the signs that our governance system in this country can be
interactions with the oceans are unsustain- traced to recommendations of the Stratton
able. Our activities, from those that release Commission—the nation’s first review of
pollutants into rivers and bays to the overfish- ocean policy in 1969. Driven by the need to
ing of the seas, are altering and threatening ensure the “full and wise use of the marine
the structure and functioning of marine environment,” Stratton focused on oceans as a
ecosystems—from which all marine life frontier with vast resources, and largely rec-
*This is the approximate area (in square statute miles) of the United States Exclusive Economic Zone (EEZ)—the area of
the oceans over which the United States exercises exclusive environmental and economic jurisdiction. The U.S. EEZ was
established by Presidential Proclamation in 1983. The establishment of an EEZ extending 200 nautical miles from the shore-
line of a coastal nation is recognized and accepted under the United Nations Convention on the Law of the Sea.
vii
Deb Antonini/Pew Oceans Commission
Commissioners tour a cannery in Kodiak, Alaska, home port for more than 700 trawl, longline, and crab vessels.
A 30-YEAR REVIEW OF OCEAN POLICY
ommended policies to coordinate the devel-
More than 30 years after the Stratton
opment of ocean resources.
Commission issued its recommendations, the
Reflecting the understanding and values
state of our oceans and coasts is vastly
of this earlier era, we have continued to
altered. Although some of the problems that
approach our oceans with a frontier mentali-
were considered 30 years ago remain with us
ty. The result is a hodgepodge of ocean laws
today, new environmental, economic, and
and programs that do not provide unified,
policy challenges have emerged. These chal-
clearly stated goals and measurable objec-
lenges exceed the capacity of today’s gover-
tives. Authority over marine resources is frag-
nance framework and management regimes.
mented geographically and institutionally.
Our perspective on ocean resources and
Principles of ecosystem health and integrity,
policy has also changed over 30 years. We are
sustainability, and precaution have been lost
increasingly aware that development activities
in the fray. Furthermore, the nation has sub-
can change marine environments. We are
stantially underinvested in understanding and
learning more about complex interactions in
managing our oceans. The information we do
marine ecosystems and the need to maintain
have in hand is often underutilized. Plagued
the diversity and resilience of those complex
with systemic problems, U.S. ocean gover-
and adaptive natural systems. Today, there is a
nance is in disarray.
viii
clear sense that we must do a better job of For more than two years, the Commission
protecting the oceans if we hope to continue conducted a national dialogue on ocean issues.
to enjoy their benefits. We convened a series of 15 regional meetings,
The Pew Oceans Commission, a biparti- public hearings, and workshops to listen to
san, independent group of American leaders, those who live and work along the coasts. From
was created to chart a new course for the Maine to Hawaii, Alaska to the Gulf of Mexico,
nation’s ocean policy. Our mission is to identi- we spoke with hundreds of citizens, fishermen,
fy policies and practices necessary to restore scientists, government officials, tourism opera-
and protect living marine resources in U.S. tors, and business leaders. Commissioners held
waters and the ocean a series of 12 focus groups with fishermen,
and coastal habitats including one in Kodiak, Alaska, which is
on which they among the nation’s oldest and largest fishing
Chris Mann/Pew Oceans Commission
depend. The communities. Believing that experience is the
Commission was also best teacher, Commissioners went lobster fishing
charged with raising in Maine, toured a pineapple plantation in
public awareness of Hawaii to learn about ways to control polluted
the principal threats to runoff, and visited coastal habitat restoration
marine biodiversity projects in New York and South Carolina.
Senator Ernest Hollings (D-SC) welcomes
and of the importance By speaking with those who live and
Leon Panetta, Dana Beach of the South
Carolina Coastal Conservation
of ocean and coastal work along the coasts and around the country,
League, and Deb Antonini of the Pew
resources to the U.S. and by collecting the best scientific informa-
Oceans Commission at the release of Mr.
Beach's report on coastal sprawl.
economy. tion available, the Commission learned a great
The Commission brought together a deal about the problems facing our oceans,
diverse group of American leaders from the the consequences to coastal communities and
worlds of science, fishing, conservation, gov- the nation if we fail to act, and actions needed
ernment, education, business, and philanthro- to overcome the crisis facing our oceans. The
py. It secured the help of leading scientists to status quo is unacceptable. Future generations
determine priority issues and to write reports will judge this generation on whether it shoul-
summarizing the best scientific information ders its responsibility.
available on those subjects (see list of publica-
tions on page 136). The Commission organized CONCLUSIONS AND RECOMMENDATIONS
into four committees to review the core issues The fundamental conclusion of the Pew
of governance, fishing, pollution, and coastal Oceans Commission is that this nation needs
development. It also investigated marine aqua- to ensure healthy, productive, and resilient
culture, invasive species, ocean zoning, cli- marine ecosystems for present and future gen-
mate change, science, and education. erations. In the long term, economic sustain-
ix
ability depends on ecological sustainability. ocean resources.
To achieve and maintain healthy ecosys- 2. Encourage comprehensive and coordinated
tems requires that we change our perspective governance of ocean resources and uses at
and extend an ethic of stewardship and scales appropriate to the problems to be
responsibility toward the oceans. Most impor- solved.
tantly, we must treat our oceans as a public a. The regional scale of large marine ecosys-
trust. The oceans are a vast public domain that tems is most appropriate for fisheries man-
is vitally important to our environmental and agement and for governance generally.
economic security as a nation. The public has b. Coastal development and pollution con-
entrusted the government with the stewardship trol is most appropriately addressed at
of our oceans, and the government should the watershed level.
exercise its authority with a broad sense 3. Restructure fishery management institutions
of responsibility toward all citizens and their and reorient fisheries policy to protect and
long-term interests. sustain the ecosystems on which our fish-
These changes in our perspective must eries depend.
be reflected in a reformed U.S. ocean policy. 4. Protect important habitat and manage
National ocean policy and governance must coastal development to minimize habitat
be realigned to reflect and apply principles of damage and water quality impairment.
ecosystem health and integrity, sustainability, 5. Control sources of pollution, particularly
and precaution. We must redefine our rela- nutrients, that are harming marine
tionship with the ocean to reflect an under- ecosystems.
standing of the land-sea connection and
organize institutions and forums capable of The Commission recommends the fol-
managing on an ecosystem basis. These lowing actions to achieve these objectives.
forums must be accessible, inclusive, and
accountable. Decisions should be founded Governance for Sustainable Seas
upon the best available science and flow from 1. Enact a National Ocean Policy Act to pro-
processes that are equitable, transparent, and tect, maintain, and restore the health, integri-
collaborative. ty, resilience, and productivity of our oceans.
To embrace these reforms and achieve 2. Establish regional ocean ecosystem coun-
our goal, the nation must realize five priority cils to develop and implement enforceable
objectives: regional ocean governance plans.
3. Establish a national system of fully protect-
1. Declare a principled, unified national ed marine reserves.
ocean policy based on protecting ecosys- 4. Establish an independent national
tem health and requiring sustainable use of oceans agency.
x
5. Establish a permanent federal interagency 2. Address unabated point sources of pollu-
oceans council. tion, such as concentrated animal feeding
operations and cruise ships.
Restoring America’s Fisheries 3. Create a flexible framework to address
1. Redefine the principal objective of emerging and nontraditional sources
American marine fishery policy to protect of pollution, such as invasive species
marine ecosystems. and noise.
2. Separate conservation and allocation deci- 4. Strengthen control over toxic pollution.
sions.
3. Implement ecosystem-based planning and Guiding Sustainable Marine Aquaculture
marine zoning. 1. Implement a new national marine aquacul-
4. Regulate the use of fishing gear that is ture policy based on sound conservation
destructive to marine habitats. principles and standards.
5. Require bycatch monitoring and manage- 2. Set a standard, and provide international
ment plans as a condition of fishing. leadership, for ecologically sound marine
6. Require comprehensive access and alloca- aquaculture practices.
tion planning as a condition of fishing.
7. Establish a permanent fishery conservation Science, Education, and Funding
and management trust fund. 1. Develop and implement a comprehensive
national ocean research and monitoring
Preserving Our Coasts strategy.
1. Develop an action plan to address non- 2. Double funding for basic ocean science
point source pollution and protect water and research.
quality on a watershed basis. 3. Improve the use of existing scientific infor-
2. Identify and protect from development mation by creating a mechanism or institu-
habitat critical for the functioning of tion that regularly provides independent
coastal ecosystems. scientific oversight of ocean and coastal
3. Institute effective mechanisms at all levels management.
of government to manage development and 4. Broaden ocean education and awareness
minimize its impact on coastal ecosystems. through a commitment to teach and learn
4. Redirect government programs and subsi- about our oceans, at all levels of society.
dies away from harmful coastal develop-
ment and toward beneficial activities, This nation must decide how it will
including restoration. choose to meet the crisis in our oceans.
Fundamentally, this is not a decision about us.
Cleaning Coastal Waters It is about our children, and actions we must
1. Revise, strengthen, and expand pollution take to bequeath them thriving oceans and
laws to focus on nonpoint source pollution. healthy coastlines.
xi
This is our challenge. To meet this chal- Americans about the oceans.
lenge, the nation must substantially increase If properly executed, this investment
its investment in understanding and managing will be paid back manyfold in the form of
its oceans. We need a much greater financial abundant living ocean resources for centuries
commitment to strengthen governance and ahead. Without this investment, we risk further
management infrastructure, to improve our decline in ocean ecosystem health and serious
scientific understanding of marine ecosystems consequences for human well-being far into
and human impacts, and to educate all the future.
Justin Kenney/Pew Oceans Commission
Commissioner Carlotta Leon Guerrero (above) joined Hawaiian schoolchildren for a taping of KidScience, produced
jointly by the Hawaii Department of Education and Hawaii Public Television, during the Commission’s visit to Hawaii in
February 2001.
xii
Part One
STATE OF AMERICA’S OCEANS
Cushion sea star, Hurricane Hole, U.S. Virgin Islands
1
Steve Simonsen/Marine Scenes
Introduction THE OCEAN DOMAIN
Green sea turtle, Kona, Hawaii
© Chuck Davis/www.tidalflatsphoto.com
Who has the most hope in the world? It is a fisher- problems are by no means limited to the East
man, of course, for every time he casts out his line Coast. In September 2002, the government
he has hope. Perhaps that hope can motivate us so imposed substantial restrictions on bottom
that we can save and preserve the oceans and all its fishing along the West Coast in an attempt to
creatures from man, the apex predator. save four of the most depleted rockfish
Steven Sloan species. Populations of bocaccio rockfish,
Trustee, International Game Fish Association
commonly sold as Pacific red snapper, have
The oceans are our largest public domain. been driven to less than 10 percent of their
America’s oceans span nearly 4.5 million historic numbers (MacCall and He, 2002).
square miles, an area 23 percent larger than One can find stories about the effects of
the nation’s land area (Figure One). Their bio- development, pollution, and overfishing all
logical riches surpass those of our national along our coastal waters—from Alaska to the
forests and wilderness areas. The genetic, Gulf of Mexico to Hawaii’s coral reefs. Often
species, habitat, and ecosystem diversity of the tale begins far inland.
the oceans is believed to exceed that of any The greatest pollution threat to coastal
other Earth system. Yet, incredibly, we are marine life today is the runoff of excess nitrogen
squandering this bounty. from fertilized farm fields, animal feedlots, and
Humanity’s numbers and the technologi- urban areas. Airborne nitrogen—from industrial
cal capacity of our age result in unprecedented smokestacks, automobile exhaust pipes, and
impact upon the oceans and coasts (Box One, ammonia rising from huge manure lagoons—is
pages 4–5). The disturbing signs of these impacts also deposited in the ocean.
can be found nearly everywhere we look. Just as they fertilize the land, nutrients
Most obviously we are depleting the fertilize coastal waters, and excess amounts
oceans of fish, and have been for decades. The can cause massive blooms of algae. These
government can only assure us that 22 percent blooms can trigger a chain of events that
of managed fish stocks are being fished sus- deplete the ocean waters of oxygen, turning
tainably. The decline of New England fisheries vast areas into hypoxic areas, also known as
is most notorious. By 1989, New England cod, dead zones. Some of these algal blooms pro-
haddock, and yellowtail flounder had reached duce toxins that can be fatal to fish, marine
historic lows. mammals, and occasionally people.
In U.S. waters, Atlantic halibut are com- The deaths of one million menhaden in
mercially extinct—too rare to justify a directed North Carolina’s Pamlico Sound in 1991, 150
fishing effort. In addition, by the mid-1990s, endangered Florida manatees in 1996, and
we halved the breeding population of Atlantic 400 California sea lions along the central
swordfish (Safina, 1994). However, such California coast in 1998 (Continued on page 6)
2
FIG. ONE
In 1983, President Ronald Reagan established the United States Exclusive Economic Zone, which extends 200 nautical miles* from our shores. In
doing so, he created an “underwater continent” larger than our land area, encompassing nearly 4.5 million square miles.
America’s Oceans ARCTI C
United States Exclusive Economic Zone OCEAN
(U.S. EEZ)
Alaska
ASIA
CANADA
UNITED STATES
PACI FI C
Midway OCEAN
Islands
North H aw
Puerto Rico
aiia
Mariana
M
n Is & U.S. Virgin
E
Islands lan IC
X
ds Islands
O
Johnston
Guam Atoll
Wake
Palmyra Atoll
Island
Kingman
Howland Reef
Island
How Big
Baker
Is the
Island Jarvis
Island
U.S. EEZ?
American
Samoa
The U.S. Exclusive
Economic Zone,
AUSTRALIA
totaling 4,453,068
square miles, is
nearly one and one-
half times larger than
the landmass of the
lower 48 states.
*A nautical mile equals 1.15 statute miles. Lucidity Information Design, LLC
3
BOX ONE Steve Simonsen/Marine Scenes
Major Threats to Our Oceans
NONPOINT SOURCE POLLUTION
s A recent National Academy of Sciences study estimates that the oil running off
our streets and driveways and ultimately flowing into the oceans is equal to an
Exxon Valdez oil spill—10.9 million gallons—every eight months (NRC, 2002a).
s The amount of nitrogen released into coastal waters along the Atlantic
seaboard and the Gulf of Mexico from anthropogenic sources has increased
about fivefold since the preindustrial era, and may increase another 30 percent by
2030 if current practices continue (Howarth et al., 2000).
s Two-thirds of our estuaries and bays are either moderately or severely degrad-
ed by eutrophication (Bricker et al., 1999).
s More than 13,000 beaches were closed or under pollution advisories in 2001, an increase of 20 percent from
the previous year (NRDC, 2002).
POINT SOURCE POLLUTION
s In the U.S., animal feedlots produce about 500 million tons of manure each
year, more than three times the amount of sanitary waste produced by the
human population (EPA, 2002).
s Based on EPA estimates, in one week a 3000-passenger cruise ship generates
about 210,000 gallons of sewage, 1,000,000 gallons of gray water (shower, sink,
and dishwashing water), 37,000 gallons of oily bilge water, more than 8 tons of
solid waste, millions of gallons of ballast water containing potential invasive
species, and toxic wastes from dry cleaning and photo-processing laboratories
(Royal Caribbean Cruises Ltd., 1998; Eley, 2000; Holland America, 2002).
INVASIVE SPECIES
s Introduced species crowd out native species, alter habitats, and impose eco-
nomic burdens on coastal communities.
s The rate of marine introductions has risen exponentially over the past 200
years and shows no sign of leveling off (Carlton, 2001).
s More than 175 species of introduced marine invertebrates, fish, algae, and
higher plants live in San Francisco Bay (Cohen and Carlton, 1995, 1998; Cohen and
Carlton, unpublished data).
AQUACULTURE
s A December 2000 storm resulted in the escape of 100,000 salmon from a single
farm in Maine, about 1,000 times the number of documented wild adult salmon in
Maine (NRC, 2002b).
s A salmon farm of 200,000 fish releases an amount of nitrogen, phosphorus,
and fecal matter roughly equivalent to the nutrient waste in the untreated sewage
from 20,000, 25,000, and 65,000 people, respectively (Hardy, 2000).
s Over the past decade, nearly one million non-native Atlantic salmon
have escaped from fish farms and established themselves in streams in the
Pacific Northwest.
Art: John Michael Yanson
4
COASTAL DEVELOPMENT
s Sprawl development is consuming land at a rate of five or more times the rate of population
growth in many coastal areas. Sprawl needlessly destroys wildlife habitat and degrades water quality.
s More than one-fourth of all the land converted from rural to suburban and urban uses since
European settlement occurred during the 15-year period between 1982 and 1997 (the last year for
which such figures are available) (NRI, 2000).
s Coastal marshes, which trap floodwaters, filter out pollutants, and serve as “nurseries” for
wildlife, are disappearing at a rate of 20,000 acres per year. Louisiana alone has lost half a million
acres of wetlands since the 1950s.
OVERFISHING
s As of 2001, the government could only assure us that 22 percent of fish stocks under
federal management (211 of 959 stocks) were being fished sustainably (NMFS, 2002).
s Overfishing often removes top predators and can result in dramatic changes in the
structure and diversity of marine ecosystems (Dayton et al., 2002).
s By 1989, populations of New England cod, haddock, and yellowtail flounder had
reached historic lows. In U.S. waters, Atlantic halibut are commercially extinct—too rare
to justify a directed fishing effort. Populations of some rockfish species on the West
Coast have dropped to less than 10 percent of their past levels (MacCall and He, 2002).
s Rebuilding U.S. fisheries has the potential to restore and create tens of thousands of
family wage jobs and add at least 1.3 billion dollars to the U.S. economy (POC, 2003).
HABITAT ALTERATION
s Fishing gear that drags along or digs into the seafloor destroys habitat needed by marine
wildlife, including commercially fished species.
s Typical trawl fisheries in northern California and New England trawl the same section of
sea bottom more than once per year on average (Friedlander et al., 1999; Auster et al., 1996).
s Bottom-dwelling invertebrates can take up to five years or more
to recover from one pass of a dredge (Peterson and Estes, 2001).
BYCATCH
s Worldwide, scientists estimate that fishermen discarded about 25 percent of
what they caught during the 1980s and the early 1990s, about 60 billion pounds
each year (Alverson et al., 1994; Alverson, 1998).
s Bycatch of albatrosses, petrels, and shearwaters in longline fisheries is one of
the greatest threats to seabirds (Robertson and Gales, 1998; Tasker et al., 2000).
s Bycatch in the Atlantic pelagic longline fishery may be jeopardizing the con-
tinued existence of the loggerhead and leatherback sea turtles off the eastern U.S. seaboard (NMFS, 2001).
CLIMATE CHANGE
s Global air temperature is expected to warm by 2.5 to 10.4oF (1.4 to 5.8oC) in the 21st cen-
tury, affecting sea-surface temperatures and raising the global sea level by 4 to 35 inches (9
to 88 cm) (IPCC, 2001).
s Recent estimates suggest an increase in mean sea-surface temperature of only 2oF (1oC)
could cause the global destruction of coral reef ecosystems (Hoegh-Guldberg, 1999).
s Climate change will modify the flow of energy and cycling of materials within ecosystems—
in some cases, altering their ability to provide the ecosystem services we depend upon.
s Increases in temperature may slow or shut down the Atlantic thermohaline circulation that powers the Gulf Stream,
causing reductions in sea-surface and air temperatures over the North Atlantic and northern Europe, changes in the geo-
graphic distributions of fisheries, and increased risk of hypoxia in the deep ocean.
5
have all been attributed to harmful algal increased dramatically from 1996 to 1998.
blooms (McKay and Mulvaney, 2001). They About 75 percent of the coral species in the
disrupt aquaculture, wild fisheries, and coastal Florida Keys show symptoms of a variety of
tourism. In the past two decades, their effects diseases. In addition, two-thirds of the moni-
have expanded from a few scattered coastal toring stations lost species between 1996 and
areas to nearly all coastal states (Burke et al., 2000, and the total stony coral cover had
2000). But they are only one of the many decreased by about 40 percent between 1996
human-related impacts that are transforming and 1999 (Porter et al., 1999). Scientists do
our coasts. not know why so many species have simulta-
Coastal counties are now home to neously become susceptible to disease.
more than half of the U.S. population. Another Our current state of knowledge makes it
25 million people will live along the coast by difficult to unravel the relative roles of natural
2015 (Beach, 2002), further straining our wet- processes and human influence, whether from
lands, mangrove forests, estuaries, coral reefs, chemical pollution, nutrient enrichment, or cli-
and other coastal habitats. mate change. But scientists are finding increas-
Florida has experienced some of the ing human influence on the environment.
nation’s most rapid coastal development. From For example, in Puget Sound, PCB con-
1940 to 1996, the state population increased tamination may be a factor in the decline of
700 percent, from 1.8 million to 14.3 million. orcas, or killer whales, whose numbers have
Development has altered both water declined by 14 percent since 1995. PCB levels
quality and water quantity, leading to the loss in the Puget Sound population exceed that
of more than half of the Everglades, the largest known to suppress immune function in another
contiguous wetland in the U.S. Freshwater marine mammal, the harbor seal (Forney et al.,
flow through the Everglades has declined by 2000; Ross et al., 2000). Similarly, increased
approximately 70 percent since the 1940s and levels of PCBs, DDT, and tributyltin (a compo-
the population of wading birds has dropped nent in boat paint) may be contributing to the
by 90 percent (Koehler and Blair, 2001). deaths of California southern sea otters.
Much of Florida’s development has been Scientists have also discovered that increasing
concentrated in 16 southern counties that sea-surface temperatures are associated with
extend from Lake Okeechobee to the Florida the northern spread of a pathogen that attacks
Keys. The marine ecosystems of the Keys are the eastern oyster. The pathogen, Perkinsus
now undergoing rapid and profound changes. marinus, was itself likely introduced into the
Scientists recently conducted extensive U.S. Atlantic and Gulf coasts via aquaculture.
surveys at 160 monitoring stations throughout The crisis in our oceans is such that
the Florida Keys. They found that both the many marine populations and ecosystems may
number of diseased areas of coral and of the be reaching the point where even a small
number of diseased coral species had disturbance can cause a big change. We must
6
BOX TWO Steve Simonsen/Marine Scenes
ECOSYSTEM HEALTH
Ecosystem-based management requires defining stan- resilient community of species, irrespective of the
dards of ecosystem health. Maintaining, protecting, and, human activity permitted there. This requires a holistic
where appropriate, restoring ecosystem health should be approach to management, focusing not only on individ-
the goal of our new ocean governance. ual species but also on the interactions among them
and their physical environment. A healthy ecosystem is
Marine ecosystems are too varied and complex to write a capable of providing ecological goods and services to
single definition—scientific or legal—of health. However, people and to other species in amounts and at rates
as in human health, where we take basic measurements comparable to those that could be provided by a
such as temperature, blood pressure, and cholesterol, we similar undisturbed ecosystem.
can identify and measure certain parameters in marine
ecosystems to learn more about their health. These Although often taken for granted, the goods and
parameters include the number of species, population services provided by coastal and marine ecosystems
sizes of species, water quality, and habitat composition. would be difficult—if not impossible—to replace.
Marine scientists need to develop an understanding of These benefits include protection from coastal storm
what good health means for each major ecosystem in U.S. damage, the filtering of toxic substances and nutrients,
ocean waters, and then policymakers and those who use production of oxygen, and sequestration of carbon
ocean resources need to practice preventive medicine. dioxide. In addition, fishing, tourism, and recreation
provide economic benefit, and support ways of life that
The term “ecosystem health” refers to the ongoing contribute to the social and cultural wealth of
capability of an ecosystem to support a productive and the nation.
therefore initiate large changes ourselves, not hensive review of our ocean policy was com-
in the oceans, but in our governance of them pleted in 1969, when the Stratton Commission
and our attitude toward them. We must no produced its seminal report, Our Nation and
longer structure our thinking in terms of the Sea. The recommendations of the Stratton
maximizing the short-term commercial benefit Commission, including the establishment of
we derive from the oceans, but rather in terms the National Oceanic and Atmospheric
of maximizing the health and persistence of Administration and the enactment of the
ocean ecosystems (Box Two). Coastal Zone Management Act, provided the
Addressing the crisis of our seas will blueprint for U.S. ocean policy (Cicin-Sain
require a serious rethinking of ocean law, and Knecht, 2000). But our oceans and
informed by a new ocean ethic. The legal coasts—and our society as well—have
framework that governs our oceans is more changed dramatically since that time.
than 30 years old, and has not been updated For example, nearly 30 years ago, in
to reflect the current state of ocean resources response to outrage over foreign overfishing of
or our values toward them. The last compre- abundant fish populations off America’s
7
FIG. TWO
Art: John Michael Yanson
Coral reefs—often called the “rain forests of the sea”—are among the most diverse ecosystems on the planet. Pollution, destructive
fishing activities, coastal development, and climate change contribute to the declining health of the world’s reefs.
shores, Congress took action to develop a ing development of a more sophisticated
domestic fishing industry and capture the approach called ecosystem-based manage-
wealth of fisheries for this country. Today, the ment. An ecosystem is composed of all of the
problem is reversed. We are overfishing our organisms living in a certain place and their
already depleted fish populations, harming interactions with each other and with their
marine ecosystems, and leaving fishermen out environment. Weather, currents, seafloor
of work. topography, and human activities are all
Over the past three decades our under- important influences on ecosystems. The goal
standing of the oceans has also evolved. For of ecosystem-based management is to maintain
too long we viewed the ocean as a limitless the health of the whole as well as the parts. It
resource. We now know that ocean life is acknowledges the connections among things.
finite. We overlooked the connections Maintaining healthy ecosystems is cru-
between the land and sea. Now, we know that cial. When we sacrifice healthy ecosystems,
our activities on land—from building roads to we must also be prepared to sacrifice econom-
logging trees to damming rivers—have a direct ic and social stability. Indeed, once an ecosys-
impact on the oceans. tem collapses, it may take decades or centuries
Over time, experience on land has made for it to recover, and the species that we so
biologists and ecologists aware of the many valued may be permanently lost (Figure Two).
linkages within and among ecosystems, foster- The story of horseshoe crabs is a cau-
8
tionary tale. Every spring, hundreds of thou- effectiveness of the nation’s ocean policy. Our
sands of horseshoe crabs migrate to the shores approach encompassed extensive research, con-
of the Delaware Bay to spawn. The crabs pile sultation with scientific and policy experts, and
up on the beaches, where each female may testimony from Americans whose lives are inter-
lay up to 80,000 eggs. twined with the ocean. We identified three pri-
When they spawn, as many as 1.5 mil- mary problems with ocean governance. The first
lion migrating shorebirds stop on the beaches is its focus on exploitation of ocean resources
to gorge themselves on the eggs. Some with too little regard for environmental conse-
species, such as red knots, nearly double their quences. The second is its fragmented nature—
weight during a two-week stopover on their institutionally, legislatively, and geographically.
migration from southern Brazil to Canada. If Third is its focus on individual species as
the birds are unable to bulk up on the eggs, opposed to the larger ecosystems that produce
they may never complete their flight north, or and nurture all life in the sea.
may fail to breed once they arrive. Small To correct this situation, we have identi-
mammals, diamondback terrapins, and mol- fied five main challenges and corresponding
lusks also feed on the eggs. recommendations for revising our laws and
By the mid-1990s, scientists began to institutions. The five challenges are: reforming
notice declines in horseshoe crab and shore- ocean governance, restoring America’s fish-
bird counts. The declines coincided with an eries, protecting our coasts, cleaning coastal
increase in offshore trawling for the crabs, waters, and guiding sustainable aquaculture.
which are sold as bait to catch eels and New laws and policies, however sub-
whelks. According to the National Marine stantial, are not enough. A more fundamental
Fisheries Service, the catch of horseshoe crabs change is needed. A change in values—not
in New Jersey, Delaware, and Maryland dou- only what we value, but how we value—is
bled between 1990 and 1994 to at least a half essential to protecting and restoring our
million crabs a year. oceans and coasts.
During this period, horseshoe crab Our society needs an ethic of steward-
counts on spawning beaches were down dra- ship and responsibility toward the ocean and
matically, on some beaches by 90 percent. its inhabitants. Like the conservation land
The number of shorebirds declined sharply as ethic that has taken shape in our nation over
well. Also threatened is a multimillion-dollar many decades, an ocean ethic provides a
ecotourism industry centered on the annual moral framework to guide the conduct of indi-
bird migrations. viduals and society. Extending environmental
protection beyond a single medium—such as
air, or water, or a single species of plant or
TOWARD AN OCEAN ETHIC
In July 2000, the Pew Oceans Commission animal—to entire ecosystems is both a practi-
embarked on a journey of inquiry. We sought to cal measure and our moral obligation as the
understand the state of our oceans and the stewards of our planet.
9
The Commission has framed six key prin- healthy marine ecosystems. In the face of
ciples that form the core of a new ocean ethic uncertainty, we should err in our decisions on
and that underlie all of our recommendations. the side of protecting these ecosystems.
UPHOLD THE PUBLIC TRUST RECOGNIZE INTERDEPENDENCE
The oceans of the United States are a vast Human well-being and the well-being of our
public domain that is vitally important to our coasts and oceans are interdependent. We
environmental and economic security as a depend on marine ecosystems, and they
nation. The public has entrusted the govern- depend on our respectful treatment. Other
ment with the stewardship of our oceans, and interdependencies are likewise crucial:
the government should exercise environmental between land and sea; among species and
and economic control over them with a broad between species and their habitats; among all
sense of responsibility toward all citizens and levels of government with jurisdiction over the
their long-term interests. Likewise, public and marine environment; and among government,
private users of ocean resources should be the public, and the users of coastal and
responsible in their use and should be held marine resources. An ocean ethic requires us
accountable for their actions. to understand these connections, and use that
knowledge wisely.
PRACTICE SUSTAINABILITY
The essence of sustainable development is using ENSURE DEMOCRACY
our planet’s resources as if we plan to stay. In Our current system of ocean governance, and
the long term, economic sustainability depends the patterns of ocean use resulting from it, too
on ecological sustainability. We must reassess often allows the needs and desires of a few to
and, where necessary, change our actions to dictate the availability of benefits for all of us.
take out no more living things than the system The public should be able to count on gover-
can reliably replace and put in no more con- nance decisions that respect broad and long-
taminants than the system can safely absorb. term societal goals; and to be confident those
We must protect what should not be destroyed, decisions are made by institutions that are
and repair as much of the damage as we can. accessible, efficient, and accountable through
processes that are transparent and collaborative.
APPLY PRECAUTION
Despite the wealth of knowledge we have IMPROVE UNDERSTANDING
accumulated, there is a great deal of uncer- We know enough about coastal and marine
tainty in our understanding of the structure ecosystems to improve their sustainable use.
and functioning of coastal and marine ecosys- With better information, we could do much
tems. However, we depend on ecological and more. Public and private institutions need to
economic goods and services provided by work together to fill the gaps in our knowl-
10
edge and to ensure that decision-makers have how we affect ecosystems.
timely access to the information they need to The scope of the problems before us
protect the public interest. In addition, they requires sweeping change. With a strong
need to provide the public with understand- ocean ethic to anchor us, we must place
able information about the structure and conservation of ocean ecosystems and
functioning of coastal and marine ecosystems, resources as the primary goal of a new
how ecosystems affect our daily lives, and national ocean policy.
2002 Stephen Frink/The Waterhouse
Waving sea fans and octocorals frame a blue angelfish in the waters of Florida Keys National Marine Sanctuary.
11
Chapter One
AMERICA SPEAKS
© Lou Jawitz.com
headed a number of important initiatives to
Knowledge of the oceans is more than a matter of
ensure safe drinking water, clean air and water
curiosity. Our very survival may hinge upon it.
resources, and protect and improve coastal
President John F. Kennedy
areas. Mike Hayden is the former governor of
Kansas and past president of the American
In June 2000, the 18 members of the inde-
Sportfishing Association. He also served in the
pendent Pew Oceans Commission embarked
first Bush Administration as assistant secretary of
on the first national review of ocean policies
interior for fish, wildlife, and parks. Tony
in more than 30 years. They brought together
Knowles recently completed two terms as gov-
their collective experiences from the worlds of
ernor of Alaska. The former mayor of Anchorage
fishing, science, conservation, education, gov-
served on the North Pacific Fishery Management
ernment, and business to develop recommen-
Council, and brought his depth of experience to
dations for a new national ocean policy to
bear as chair of the Commission’s governance
restore and protect natural ecosystems and
committee, one of four such committee chairs.
maintain the many benefits the oceans provide.
Kathryn Sullivan is a former astronaut
Each member of the Pew Oceans
and chief scientist for NOAA, the National
Commission brings a lifetime of personal and
Oceanic and Atmospheric Administration.
professional connections to the oceans.
Dr. Sullivan currently directs a hands-on
Former Congressman and White House Chief
science center in Columbus, Ohio, devoted
of Staff Leon Panetta is chair of the Pew
to the public understanding of science and
Oceans Commission. Mr. Panetta has lived
improving science education. She chaired
along California’s Big Sur coast his entire life
the Commission’s pollution committee.
and comes from a fishing family. He spent
Joseph Riley has served as mayor of
16 years in Congress representing California’s
Charleston, South Carolina, since 1975.
fishermen, farmers, and coastal residents. He
During this time, he has become a leading
authored the legislation establishing the
expert on urban design and livability issues
Monterey Bay National Marine Sanctuary, the
and is a founder of the Mayors’ Institute for
nation’s largest marine protected area.
City Design. Mayor Riley served as chair of
Mr. Panetta took over as chair after the
the coastal development committee. Eileen
Commission’s first chair, then-Governor
Claussen is president of the Pew Center on
Christie Todd Whitman, stepped down to
Global Climate Change. She is a former assis-
head the U.S. Environmental Protection
tant secretary of state for oceans, environment,
Agency. Governor Whitman is one of four
and science. She chaired the Commission’s
past or present governors who served on
fishing committee.
the Commission.
Commercial fishermen Pat White, a
George Pataki is serving his second term
lobsterman from York, Maine, and Pietro
as governor of New York, where he has spear-
12
Parravano, a salmon fisherman from Half Moon David and Lucile Packard Foundation, are
Bay, California, gave the Commission a look active in the areas of philanthropy, the envi-
into the lives of America’s fishing families ronment, and education.
through their own experiences and by hosting a In the ensuing two and a half years,
series of discussions with fishermen all around commissioners traveled around the country
the country. Carlotta Leon Guerrero brought to learn firsthand about the problems facing
the concerns and unique perspectives of the our oceans. Along the way, they spoke with
residents of Guam, where she is a past member thousands of citizens who live and work
of the senate, and of the Pacific islanders in along the coasts. They heard from dozens of
general. John Adams of the Natural Resources leading scientists and published a series of
Defense Council and Roger Rufe (Vice Admiral, reports on pollution, coastal development,
United States Coast Guard, Retired) of The marine reserves, fishing, aquaculture, and
Ocean Conservancy represented the interests of introduced species.
hundreds of thousands of citizens concerned Commissioners traveled from Maine
about the marine environment. to Hawaii, from the Gulf of Alaska to the Gulf
Throughout its deliberations, the of Mexico. They studied coastal development
Commission sought the best available scien- in Charleston, South Carolina, and Portland,
tific information, beginning with its choice of Oregon. They met with sportfishermen in
commissioners. Jane Lubchenco is a professor Florida, lobstermen in Maine, salmon fisher-
of marine biology at Oregon State University men in Kodiak, and crabbers in Baltimore. The
and past president of the American Commission toured aquaculture facilities
Association for the Advancement of Science in Maine, Florida, and Washington, and
and the Ecological Society of America. a pineapple plantation in Hawaii.
Charles Kennel is the director of the Scripps Commissioners reviewed habitat restoration
Institution of Oceanography in San Diego. programs in South Carolina, Maine, and
Geoffrey Heal is a professor of economics and California. They traveled to Des Moines, Iowa,
finance at Columbia University. Along with to talk with farmers about ways to limit pollut-
Dr. Sullivan, they ensured a solid scientific ed runoff from fields and feedlots.
basis for the Commission’s deliberations. The story that unfolded is one of a
As CEO of American Water Works growing crisis along America’s coasts.
Company, the nation’s largest private drinking Although the issues and circumstances
water utility, Marilyn Ware brings extensive vary from community to community, the
business experience to the Commission. Commission found a shared sense of urgency
David Rockefeller, Jr., vice chair of the and commitment to reverse the decline in the
National Park Foundation and trustee health of the oceans.
of the Rockefeller Brothers Fund, and What follows is a sampling of what the
Julie Packard, executive director of the commissioners heard and learned at public
Monterey Bay Aquarium and vice chair of the hearings held in cities around the nation.
13
MONTEREY, CALIFORNIA of life in all reaches of the ocean, and the
November 27, 2000 cycling of its critical elements that support
Several dozen fishermen, scientists, environ- life and regulate climate.”
mentalists, and state and local government Dr. McNutt noted that scientists explor-
officials attended the Commission’s first public ing the deep canyons off Monterey routinely
hearing in Monterey, California. The setting discover ocean animals previously unknown
was appropriate: Monterey was once a thriv- to science. She compared the significance of
ing fishing community. Its Cannery Row was the discoveries to “knowing about cats but
made famous by novelist John Steinbeck. having never seen a lion.”
However, the sardine fishery collapsed in the Other people testified to the problems
mid-20th century, and other California fisheries confronting marine mammals, including sea
have followed suit. At the time of the otters. Jim Estes of the U.S. Geological Survey
Commission’s hearing, there was a growing and the University of California, Santa Cruz,
sense of crisis regarding the previously robust described how the sea otter’s remarkable recov-
bottom fish fishery. The population of bocac- ery from near extinction is now in jeopardy.
cio rockfish, commonly sold as Pacific red “Protecting sea otters from hunting is not
snapper, and other bottom fish had plummet- enough,” said Dr. Estes. Sea otter declines as far
ed to historic lows, signaling the difficulties north as Alaska indicate that factors such as
the fishery would soon face. coastal pollution, habitat disturbances, and the
Zeke Grader, of the Pacific Coast ripple effects of overfishing on ocean food webs
Federation of Fishermen’s Associations, direct- are taking a growing toll on sea otter survival.
ly addressed this crisis: “Our concern is that While in the Monterey area, the
this industry may soon be gone if we don’t Commissioners visited the Elkhorn Slough
develop strong ways of protecting oceans and National Estuarine Research Reserve—one of
ocean systems for the future livelihood of more than two dozen such protected areas
fishing communities.” managed jointly by state and federal govern-
Today, Monterey is a world-renowned ments—and the Monterey Bay National
center for ocean research, exploration, and Marine Sanctuary, the largest of a national
education, and leading scientists addressed network of marine sanctuaries. Both of these
the Commission. protected areas offer successful examples of
Marsha McNutt, director of the bringing different interests together from
Monterey Bay Aquarium Research Institute across a region to protect and maintain
and chair of a presidential panel on ocean coastal and ocean ecosystems.
exploration addressed the panel saying,
“It has been stated many times that we know MAUI, HAWAII
more about the backside of the moon than February 7, 2001
we do about the bottom of our ocean. We Native Hawaiians, coral reef experts, and long-
have just begun to learn about the diversity line fishermen were among nearly 100 people
14
who attended the public hearing in Maui. The purposes. “It does not grow in the ocean
hearing coincided with the announcement of anymore,” he said.
court-ordered restrictions on the longline Maxwell recalled the centuries-old
fishery to protect endangered sea turtles. This concept of Ahu Pua’a, which allocated land
contentious issue, however, is not limited to in sections that extended from the top of a
Hawaii; it affects the entire western Pacific, mountain to the coastal ocean below. This
as did many of the issues addressed in Maui. system implicitly respected the connection
Robert Richmond, a marine biologist at between the land and the sea. “The ancient
the University of Guam, addressed the dire state Hawaiians had a deep respect for land as it
of the world’s coral reefs, highly diverse and was the children of the gods.”
productive ecosystems often compared to rain Captain Jim Coon also emphasized the
forests. Dr. Richmond noted that living coral need to respect our natural resources. Coon
reefs—including those off Hawaii that account comes from a fishing family, although since the
for 70 percent of the U.S. coral reefs—are of early 1970s he has made his living watching
considerable ecological, economic, and cultural wildlife instead of catching it. Coon started
value. Coral reefs provide the sand that blankets Trilogy Excursions, Maui’s oldest sailboat com-
tropical beaches and protects these same shore- pany. “We found that the most important agent
lines from waves and erosion. They provide for change was education and we had a captive
nurseries and protection for myriad marine life audience with our tourists. In the late ’70s and
important to commercial fisheries and tourism, early ’80s, the message was ‘save the whales.’
and they are central to island cultures. Dr. Twenty years later, the humpback whale popu-
Richmond detailed the consequences of poorly lation has grown tenfold. It is our continuing
planned development, coastal pollution, and goal to show, by example, that the ocean-
destructive fishing practices, which has led sci- tourism industry can be profitable and operate
entists to estimate that 70 percent of the world’s in a manner that is environmentally responsible
coral reefs may disappear within 40 years. and embraces core Hawaiian values,” he said.
Kahu Charles Kauluwehi Maxwell, who While in Hawaii, Commissioners also met
has been working to protect Hawaii’s natural with fishermen near Kihei, Maui. “We want fish-
resources and native traditions for decades, eries that will last for seven generations, as
described how the decline of ocean resources opposed to fishing it all out and putting the
has affected Hawaii’s native people. money in the bank,” explained William Aila,
“A true indicator that something’s wrong who trolls and handlines for tuna from his 21-
is when we as Kanaka Maoli, native people, foot boat. He pointed to the vessel monitoring
cannot meet our basic needs from the ocean,” system as a promising management tool for pre-
he said. As an example, Maxwell described serving small boat fishermen like him. “Large
the loss of limu, seaweed that Hawaiian vessels are supposed to fish at least 75 miles off-
natives have traditionally used for condiments, shore, while small vessels stay with the 50-mile
nourishment, and spiritual and medicinal range. The vessel monitoring system offers a
15
practical and inexpensive way of ensuring com- “Abundant research on rivers and estuaries
pliance,” he said—offering the Commission the confirms that when impervious surfaces cover
type of practical, constructive advice they more than 10 percent of a watershed, the
would hear across the nation from fishermen rivers, creeks, and estuaries they surround
and others struggling to find solutions. become biologically degraded.”
Commissioners also toured a pineapple Personal experience testified to this trend.
plantation to learn about efforts to curb pollut- In the early 1950s, Fred Holland and his broth-
ed runoff and heard from local officials about ers spent their summer vacations in Myrtle
ways to manage development to preserve Beach. “We could gather enough fish, crabs,
coastal habitats. The Commission would review and oysters from the tidal creeks to feed us for
similar issues at its next regional meeting. the week. Today, it is unsafe to eat the shellfish
from most of the creeks and too few fish occur
in them to make fishing worthwhile,” Holland
CHARLESTON, SOUTH CAROLINA
March 27, 2001 told the Commission. Today, he runs the
Close to 100 people packed the Commission’s Hollings Marine Laboratory, and leads efforts
daylong public workshop on coastal develop- to preserve the state’s tidal creeks and estuaries.
ment held at the College of Charleston. Many “The hardest thing I have ever worked
in the room were students from local colleges, on is conversion of the science we developed
as well as scientists and fishermen. Interest in for tidal creeks into land-use ordinances that
the topic had recently been piqued by the did not infringe upon property rights,” he
release of a Clemson University study that said. However, after years of meetings with
projected the region’s urban area would grow the public, land-use planners, and decision-
by 230,000 acres in 15 years, more than twice makers, Holland said the efforts paid off. “We
the size of Charleston’s existing urban area. passed comprehensive land-use plans that
The report urged action on existing local maintained the quality of life and protected
development plans to preserve open space critical natural resources. These plans are far
and the region’s coastal habitats. from perfect. They are, however, a major step
Similarly, in his report prepared for in the right direction.”
the Commission, Dana Beach of the South Vince Graham spoke to the Commission
Carolina Coastal Conservation League found about his experiences as a developer in the
that some large coastal metropolitan areas region. “I used to think that people are bad.
consume land 10 times as fast as they add More people are worse. I sometimes refer to it
new residents. Furthermore, Beach reported as the ‘hate thy neighbor’ syndrome, and think
that if today’s land consumption trends con- it is a direct outgrowth of the damaging way
tinue, more than one-quarter of the coast’s we have grown over the past five decades with
acreage would be developed by 2025. zoning laws placing quantity over quality. What
“These trends are a prescription for we see now is an emphasis on inclusiveness
severe ecological damage,” said Beach. and community, where neighborhoods get bet-
16
ter over time. This form of development leads to region’s once-abundant groundfish fisheries.
a certain connectedness among residents that is Although Maine has had long-standing
absent in conventional subdivisions.” problems with depleted fisheries, the
Development was also on the minds of Commission encountered one of the best
fishermen who came to Charleston to meet examples of innovation in fishery manage-
with the Commission. Ben Hartig talked about ment: the lobster fishery. Early on a foggy
the increasing number of fishermen who can morning, commissioners went lobstering with
no longer afford to live along the coasts and Captain Bob Baines and Captain David
must wake up hours earlier to tow their boats Cousens to learn about the fishery’s innovative
to the water from new homes far inland. management strategy, put in place in 1996.
Others worried about the loss of working Lobster is the highest revenue-producing
waterfronts and the infrastructure needed to fishery in the northeastern United States,
support the industry, as bait shops and boat generating 325 million dollars from 87.5 mil-
repair businesses give way to condominiums lion pounds of lobster. Entire communities
and art studios. along Maine’s rugged coastline depend upon
However, development is only one the lobster fishery.
part of the challenge facing fishermen. The Commission heard from James
Tony Iarocci, a commercial fisherman from Wilson, professor of Marine Sciences at
Marathon, Florida, believes that fishermen the University of Maine; fishery consultant
must stay engaged. “From New England to Robin Alden; Patrice Farrey of the Maine
Alaska, there are representatives of the com- Lobstermen’s Association; and others about
mercial fishing industry who should be includ- the fishery’s sometimes-contentious co-man-
ed in any new national policy regarding agement system that jointly involves fisher-
America’s oceans, with an emphasis on sus- men, scientists, and managers in decision-
taining the productivity and diversity of the
oceans’ resources and all user groups. It is
time all resource users put aside their person-
al agendas and work together.”
Justin Kenney/Pew Oceans Commission
ROCKPORT, MAINE
June 13, 2001
Nearly 200 people, including lobstermen,
representatives of the aquaculture industry,
environmentalists, citizens, and local politi-
cians attended the Commission’s hearing in
Maine. The Commission’s visit came at a time During their visit to Maine, commissioners went lobster fishing off Spruce
Head. Captain Bob Baines talks with Leon Panetta about innovative meas-
when fishermen, scientists, and fishery man-
ures to manage the highest revenue-producing fishery in the Northeast.
agers continue to work toward rebuilding the
17
making. Captains Baines and Cousens talked threat posed to wild salmon populations when
about the benefits of new trap and size limits, farm-raised salmon escape.
restrictions on catching female lobsters, and Marine aquaculture is just one of
the creation of lobster zones that resulted from many possible ways invasive species can be
this collaborative approach. introduced into the natural environment,
Other fishermen expressed concern according to James Carlton, director of
about the region becoming too dependent on Williams-Mystic, the Maritime Studies
lobster alone—as other fisheries become Program of Williams College and Mystic
depleted—especially if the lobster fishery Seaport. In his report prepared for the
begins to decline. Captain Steve Train, a Commission and presented in Maine, Dr.
commercial fisherman from Long Island, off Carlton described a “game of ecological
the Maine coast, recalled a different time. roulette” playing out along our coasts as hun-
“As a child I saw my relatives and dreds of species arrive each day by way of
neighbors involved in purse seining, gill ships, ballast waters, fishing activities, and
netting, dragging, scalloping, tub trawling, other means. Dr. Carlton detailed that the rate
lobstering, and more. These were all small of marine introductions has risen exponential-
boat fishermen who came home almost every ly over the past 200 years and shows no sign
night. The 25 boats here on the island now of leveling off (Figure One).
are all just lobster boats,” Train said.
“About 180 people live here year-round. ANCHORAGE, ALASKA
Fifty to sixty of us are fishermen…. We are the August 15, 2001
ones who have children in the school, volun- Alaska is home to some of the world’s most
teer in the fire department, and serve on the abundant populations of fish and marine
school boards. The ability to adapt and move mammals, the world’s largest eelgrass beds,
among different fisheries is what keeps us and and the greatest aggregation of seabirds. Its
our communities alive.” diverse marine ecosystems, wetlands, estuar-
The Commission also heard consider- ies, and river deltas form the basis of a tradi-
able testimony about the growth of marine tional subsistence lifestyle and are vitally
aquaculture in Maine, and the pros and cons important to the cultural, spiritual, and nutri-
of raising salmon in nearshore pens. tional well-being of people throughout the
Donald Eley of the Friends of Blue Hill state. Alaskans’ ties to the oceans were evi-
Bay voiced concerns about the impacts of dent at the Commission hearing, attended by
aquaculture facilities on traditional fisheries more than 200 people, including Alaska
and the local ecology. He questioned the natives, commercial and recreational fisher-
effects of excess feed and feces generated men, marine scientists, fishery managers, fish
from salmon operations and the use of processors, and environmentalists.
chemical pollutants such as pesticides and During the daylong public hearing,
antibiotics. He also raised concerns about the commissioners received testimony about a
18
number of pollution problems, from cruise
ship pollution in Glacier Bay to the buildup of
FIG. ONE
contaminants in fish and marine mammals.
This graph shows the rate of invasions of marine invertebrates and
Shawna Larson of Alaska Community seaweeds based upon the number of new invasions occurring in the
U.S. coastal zone from 1790 to 1999. For example, there were 150
Action on Toxics was among those who
new invasions from 1970 to 1999. The total number of invasions
addressed the Commission. plotted on this graph is 374 species.
“Traditional foods are the spiritual and
Rate of Invasions
cultural foundation for tribes,” she said. “But
tten Crab
the traditional foods that we gather from the
e se Mi
ocean and from the land have contaminants.
C h in
My Aunt Violet points out that we aren’t just
eating one contaminant. We eat the
whole fish. I care because it affects me
personally. I have a small daughter, and
I’m pregnant. I know that I’m passing the
contaminants from the ocean on to my
unborn baby. I want my children to grow up
150
unafraid to eat salmon and halibut and other
wild foods that are part of our tribal heritage,”
Number of Species
100
she said.
Fishing is Alaska’s largest private
employer and more than half the fish caught 50
in the United States comes from its waters.
Accordingly, the Commission heard much
0
Art: John Michael Yanson
testimony about Alaska’s fisheries—arguably,
1790—1819
1820—1849
1850—1879
1880—1909
1910—1939
1940—1969
1970—1999
the best managed single-species fisheries in
the country. With rare exceptions, the man-
agers there have a record of not exceeding Time Period
acceptable catch limits set by scientists. In Source: Ruiz et al., 2000.
addition, Alaskans have done more to control
bycatch and protect habitat from fishing gear done a reasonably good job.”
than any other region in the nation. The Commission also heard testimony
While justifiably proud of their record, about the threats posed by overfishing, its effects
managers were frank about some difficult on marine mammals, including the Steller sea
issues yet to be resolved. “We don’t want to lion, and pollution from cruise ships.
paint everything up here as perfect. It’s not,” Following the public hearing, Commis-
said David Benton, chair of the North Pacific sioners traveled to Kodiak, Alaska, the second-
Fishery Management Council. “But we’ve largest island in the United States and a major
19
fishing hub. In Kodiak, as elsewhere in the state, coasts, the state of our oceans is largely over-
commissioners spoke with fishermen, scientists, looked,” he said. “It was the devastation to
and fishery managers. Kodiak’s docks are home wildlife on the American plains that President
to more than 700 trawl, longline, and crab ves- Theodore Roosevelt witnessed during his ranch-
sels. The city boasts world-class ocean research ing and hunting days that inspired his own con-
facilities and bustling canneries. servation ethos. He realized then that we were
In a meeting held at the Fishermen’s Hall, pushing species beyond their ability to recover.
commissioners learned that despite the wealth While much of conservation is driven by well-
of the seas, salmon fishermen were losing founded moral considerations, we must not
ground because they could not compete with overlook the fact that we also conserve in order
low-priced farmed salmon flooding the market. to survive…. We are the stewards of tomorrow’s
They also heard about the pros and cons of the prosperity and security.”
fishery management technique known as IFQs, Rick Moonen, chef and owner of rm
or individual fishing quotas. IFQs divide the Restaurant in New York, came to the hearing
total allowable catch and assign portions of it straight from his kitchen, dressed in his white
to individual fishing enterprises. chef’s outfit. Moonen said that he is constantly
aware of the oceans. “As a chef, I make my liv-
ing out of selling seafood. Chefs work with the
NEW YORK CITY, NEW YORK
November 29, 2001 product—fish, shellfish—every day. So, I notice
Under the 96-foot-long blue whale in the things. I don’t think of myself as an activist. I’m
American Museum of Natural History’s Hall just a businessperson looking into the future and
of Ocean Life, the Commission met with not liking the picture I see. We—chefs, con-
more than 100 people. The interesting mix sumers, fishermen, and policymakers—have a
included fishermen from Long Island, authors, responsibility to ensure that the seafood choices
a chef, academics, environmentalists, and we make today are the best ones for the ocean.”
government officials. Bonnie Brady, executive director of the
In New York, as elsewhere, local and Long Island Commercial Fishing Association,
regional issues regarding the oceans and with two children in tow, urged the Commis-
coasts were prominent in the news, as debate sion to remember that, “Those working to
continued over whether to require General achieve sustainable fisheries should not leave
Electric to remove PCB contaminants from the out of the equation the fishermen and their
Hudson River, which the U.S. Environmental communities…and remember that humans are
Protection Agency later ruled it must. part of the environment.”
In his testimony before the Commission, Brady’s husband, Dave Aripotch,
Theodore Roosevelt IV called upon all works out of Montauk, Long Island, aboard
Americans to extend our conservation ethic his 70-foot dragger, Cory & Leah, and a 65-foot
to the sea. dragger, Samantha & Mairead. “In our
“With the possible exception of our community, the commercial fishing community
20
is probably about 200 to 300 people, plus an
additional 200 to 300 people employed by the
Deb Antonini/Pew Oceans Commission
charter boat and recreational fishing industries.
We have every kind and size of boat you can
imagine: 12-foot clamming skiffs, 40- to 60-foot
inshore draggers, 50- to 60-foot longliners, and
65- to 90-foot offshore draggers. Commercial
fishing here is 24/7, fishing for flounder, fluke,
cod, haddock, whiting, squid, porgies, tilefish, Retired Coast Guard Vice Admiral Roger Rufe, president of The Ocean
Conservancy, welcomes his fellow commissioners aboard the U.S. Coast
tuna, lobsters, clams, and more.”
Guard cutter Katherine Walker during the Commission’s visit to New York.
While in New York, commissioners
the Gulf of Mexico,” she said. “But I am also
toured habitat restoration and waterfront
concerned about the impact of nutrient pollu-
redevelopment projects along the New York and
tion on the health of Iowa’s water resources.”
New Jersey shorelines. They visited the Fulton
In the marine pollution report he pre-
Fish Market—the nation’s largest wholesale
pared for the Commission, Dr. Donald Boesch
seafood market—getting a glimpse of the scale
of the University of Maryland found that nutri-
of the industry in this megalopolis.
ents running off our farms and cities have
emerged as the most widespread pollution
DES MOINES, IOWA
problem for coastal waters. As these nutrients
December 10, 2001
flow off our farm fields, lawns, and golf cours-
Des Moines is situated near the heart of the
es to our coastal waters, they in effect “fertil-
Mississippi River watershed, which drains
ize” the oceans, triggering a depletion of the
more than 40 percent of the continental
oxygen and degradation of habitat that marine
United States into the Mississippi River and
species need to survive. The result: dead zones
ultimately into the sea.
where no life exists, including such a zone off
It was appropriate, therefore, that this
the mouth of the Mississippi River that has in
one-day hearing in Des Moines featured
recent years grown as large as Massachusetts
presentations from agronomists and marine
(Figure Two, page 22).
biologists as well as farmers and fishermen.
For the Commission, the Des Moines
Throughout the day, panelists and public com-
hearing highlighted this problem of nutrient
mentators drew connections between farming
pollution. The Mississippi—like the Hudson,
practices in the heartland and the health of
the Susquehanna, the Columbia, and
our waters.
America’s other great rivers—has become an
Susan Heathcote of the Iowa
expressway for nutrients and toxic substances
Environmental Council spoke to the
bound for the sea.
Commission. “I am here because I am con-
Nancy Rabalais of the Louisiana
cerned about the impact that nutrient pollution
Universities Marine Consortium pointed to
from Iowa and the upper Midwest is having on
21
FIG. TWO
U.S. Coastal Dead Zones Associated with Human Activity
Many coastal ecosystems around the United States have documented low levels of dissolved oxygen, a condition known as hypoxia. Often these hypoxic
areas—also known as dead zones—are a result of both natural and anthropogenic events. The map below shows the distribution of dead zones in U.S. coastal
waters that are associated with human activity.
Dead zones are concentrated along the Atlantic and Gulf coasts because of the proximity of heavily populated areas and the intense agricultural practices that
create the discharge of large quantities of nutrients into coastal waters. Warmer summer temperatures in these waters stratify the water column, a component
in the development of hypoxia. Waters along the Pacific coast of the U.S. are not prone to stratification of the water column.
The color-coded flags indicate the decade or year in which the hypoxic event was first discov-
ered (see map key). A location with more than one flag indicates it was identified as a
AN hypoxic area from data in more than one decade or year. The prevalence of multiple
1
CE events shows hypoxic conditions have not improved in any of our coastal and
O
IC estuarine systems.
IF
C
A
P
2
32 33
31
23
25 30
22
34 35 36
3 24
28 29
4 21
6 8
5 26 27
20
7
11 N
19
18
9
A
G 10 17 E
12
U
C
L
M O
O F 16
E F
IC
X
NT
I 13
LA
C Chronology of Hypoxic Events
AT
O
15 1970s
1980s
14 1990s
2000
1 Hood Canal 10 Mobile Bay 19 Pamlico River 28 Barnegat Inlet Scale varies in this perspective.
2 Los Angeles Harbor 11 Perdido Bay 20 York River 29 New York Bight
3 Corpus Christi Bay 12 St. Joseph Bay 21 Rappahannock River 30 Raritan Bay
4 Texas Shelf, Shallow 13 Hillsborough Bay 22 Potomac River 31 New York City Harbor
5 Texas Shelf, Deep 14 Florida Keys 23 Chesapeake Bay Mainstem 32 Flushing Bay
6 Freeport 15 St. Lucie River 24 Townsend-Hereford Inlet 33 Hudson River
7 Louisiana Shelf 16 St. Johns River 25 Delaware River 34 Long Island Sound
8 Lake Pontchartrain 17 Cape Fear River 26 Great Egg Harbor River 35 Pettaquamscutt River
9 Bon Secour Bay 18 Neuse River 27 Mullica River 36 Waquoit Bay
Source: Robert J. Diaz, College of William and Mary, Virginia Institute of Marine Science. This map is based solely on data from published scientific research.
Map: Jerome N. Cookson
successful efforts to curb nutrient runoff in the proven successes of reducing nutrients, are rea-
U.S. and around the world as reason to be sons enough for continued and expanded efforts
hopeful. “The growing decline of coastal water to prevent excess nutrients from reaching the
quality nationwide and globally, but also the sea,” Dr. Rabalais told the Commission.
22
NEW ORLEANS, LOUISIANA to their home in Barataria, Louisiana, to talk
March 15, 2002 with the Commission about the fishing industry.
Commissioners traveled to New Orleans and They spoke about increased competition from
the mouth of the Mississippi River to consider imported shrimp—much of it caught or farm
the pollution issues raised in Des Moines and raised in countries lacking sufficient environ-
other issues facing the Gulf of Mexico and its mental safeguards. They expressed frustration at
residents. About 75 people gathered in a watching refrigerator trucks full of imported
Bourbon Street hotel, including members of shrimp drive from the airport to local process-
the U.S. Army Corps of Engineers, state politi- ing plants, while they are unable to sell their
cians, scientists, environmentalists, shrimpers, local catch. Others talked about the effects of
and recreational fishermen. The hearing coin- the continued loss of wetlands, which serve as
cided with the release of a new report from nurseries for many commercially important
the Governor’s Committee on the Future of fisheries, as well as about the problems of pol-
Coastal Louisiana. lution and coastal development.
King Milling, chair of that committee
and president of Whitney National Bank, THE BIG PICTURE
spoke for many coastal residents when he In addition to their regional meetings, members
addressed the Commission. of the Pew Oceans Commission traveled to
“The loss of Louisiana’s marshes will Portland, Oregon, to study coastal development;
incrementally destroy the economy, culture, held a fishery management workshop in Seattle,
ecology, and infrastructure, not to mention the Washington; and hosted a workshop on ocean
corresponding tax base of this state and this governance in Monterey, California.
region,” he said. “From an ecological and envi- Commissioners attended conferences
ronmental point of view it is a clear disaster. on marine aquaculture in San Diego,
The very existence of coastal towns and com- California, and Providence, Rhode Island.
munities will be called into question. Many of They met with hundreds of fishermen,
them will have to be abandoned. Jobs will be including a public hearing with recreational
lost. Lives will be disrupted and, in many fishermen at the International Game Fish
instances, placed at risk.” Association Hall of Fame and Museum in
The committee has called for a Dania, Florida. All told, commissioners
$14 billion investment from state, federal, spoke with thousands of scientists, fishermen,
and private sources to correct the runaway ero- students and teachers, coastal residents,
sion of Louisiana’s coastline, exacerbated by the businessmen and women, government offi-
Corps of Engineers’ efforts to tame the cials, and countless others. They found an out-
Mississippi River. pouring of concern and a shared commitment
Before the Commission’s hearing, shrimp to restore, protect, and maintain the health of
fisherman Michael Roberts and his wife, Tracy the oceans for the benefit of current and
Kuhns, invited several of their fellow fishermen future generations.
23
Part Two
A PUBLIC GOOD AT RISK
Cushion sea stars, Virgin Islands National Park, U.S. Virgin Islands
25
Steve Simonsen/Marine Scenes
Chapter Two
GOVERNANCE FOR SUSTAINABLE SEAS
© Lou Jawitz.com
were established.
…laws and institutions must go hand in hand with the
Not a system at all, U.S. ocean policy is a
progress of the human mind. As that becomes more
hodgepodge of individual laws that has grown
developed, more enlightened, as new discoveries are
by accretion over the years, often in response to
made, new truths discovered and manners and opinions
crisis. More than 140 federal laws pertain to the
change, with the change of circumstances, institutions
oceans and coasts (Box One). Collectively these
must advance also to keep pace with the times.
statutes involve at least six departments of the
Thomas Jefferson
In a letter to Samuel Kercheval, July 12, 1816
federal government and dozens of federal
agencies in the day-to-day management of our
Dams in the Columbia River basin have
ocean and coastal resources.
devastated salmon populations in the Pacific;
Authority over marine resources is
fertilizer running off fields in the corn belt
fragmented geographically as well. The
has created a huge dead zone in the Gulf of
Submerged Lands Act of 1953 gave most
Mexico one thousand miles away; declines in
states authority over submerged lands and
sea otters lead to the loss of kelp forests. The
overlying waters from the shoreline out three
land is connected to the ocean and the oceans
miles. Federal territorial sovereignty extends
themselves are complex systems of interrelated
12 miles offshore, and, consistent with the
parts. Yet, we have approached them as though
United Nations Convention on the Law of the
they are collections of disconnected compo-
Sea, the federal government controls ocean
nents, problems, and opportunities.
resources out 200 miles or more. This
To govern the oceans for the long-term
federal/state division of ocean jurisdiction
public good, we need to manage with the
makes it difficult to protect marine ecosystems
entire ecosystem in mind, embracing the
because it divides their management into a
whole as well as the parts. The preeminent
nearshore and an offshore component with
goal of our ocean policy should be to pro-
insufficient means or mandate to harmonize
tect, maintain, and restore marine ecosys-
the two.
tems. To reach this goal, we must first under-
stand the fundamental problems of today’s
laws and programs. FAILING ECOSYSTEM, FAILED GOVERNANCE
The plight of salmon in the Pacific Northwest
illustrates the complex problems facing our
FRAGMENTED LAWS, DIVIDED WATERS
oceans and coasts, as well as the problematic
Governance is a reflection of the knowledge
nature of our response. The Northwest’s
and values of the society that creates it. Our
Columbia River Basin was historically spawn-
ocean governance needs updating to reflect
ing ground for some 10 to 16 million salmon
substantial changes in our knowledge of the
that returned from the Pacific Ocean each year
oceans and our values toward them since our
to lay their eggs. But decades of damming,
major ocean laws, policies, and institutions
26
BOX ONE Steve Simonsen/Marine Scenes
LAWS OF THE SEA
s The Endangered Species Act of 1973 (ESA) covers both
Beginning 30 years ago, a formidable body of environmen-
tal law was enacted in the United States to protect our air, terrestrial and aquatic species. The ESA prohibits the killing,
water, coastal zone, endangered species, marine mammals, injury, or harassment of species that are in danger of extinc-
and fisheries. According to a recent study by the Sea Grant tion. It establishes a process through which the secretary of
Law Center of the University of Mississippi (Sea Grant Law the interior (generally for terrestrial and freshwater species
Center, 2002), over 140 laws pertain to oceans and coasts. and birds) or the secretary of commerce (generally for
Forty-three of these (including three presidential proclama- marine species) may designate species as endangered or
tions) are considered major statutes. threatened, triggering the protections of the act. The ESA
also provides for the protection of habitat critical to the sur-
Although our coasts and oceans would no doubt be in vival of endangered species and requires federal agencies
worse condition without them, environmental quality has whose actions are likely to jeopardize a listed species to
nonetheless deteriorated since enactment of these laws. consult with the appropriate authority (either the
They were intended to address specific issues, but collec- Department of the Interior or the Department of
tively fail to provide an overall governance framework to Commerce) regarding alternatives to the proposed action.
maintain the health of marine ecosystems.
s The Marine Mammal Protection Act of 1972 was enacted
In addition to the Magnuson-Stevens Act, which is dis- in response to the public outcry over high dolphin mortality
cussed in detail in Chapter 3, a number of the major laws in the Pacific tuna fishery, the clubbing of baby seals, and the
affecting our oceans are listed below. commercial “fishery” for whales. It generally prohibits the
killing or harassment of marine mammals in U.S. waters or
s The Clean Water Act of 1972 (CWA) is the primary feder- by U.S. citizens on the high seas. It provides for limited take
al statute controlling water pollution by requiring, wherev- of marine mammals for subsistence purposes by Alaska
er attainable, that navigable waters of the United States be Natives and for take incidental to other activities, such as
made “fishable and swimmable.” The CWA dramatically fishing. Its management and recovery actions focus on main-
improved the nation’s water quality by providing for the taining sustainable populations of marine mammals. The
establishment of national water quality standards for pollu- Endangered Species Act and the Marine Mammal Protection
tants, by requiring that polluters obtain and abide by the Act, while effective at protecting many species, are stopgap
terms of a pollution discharge permit, and by establishing measures applied on a case-by-case basis that do little to
baseline technology that must be used to treat discharges address environmental factors critical to species’ survival.
of pollutants.
s The Ocean Dumping Act of 1972 was enacted to regulate
s The Coastal Zone Management Act of 1972 (CZMA) the disposal of wastes in U.S. marine waters. It gives the
established a voluntary program under which coastal U.S. Environmental Protection Agency primary responsibili-
states and territories could receive federal funding and ty for regulating the disposal of wastes at sea, except for
technical assistance to develop programs to manage dredge spoils, which are controlled by the Army Corps of
growth and development in coastal areas that is compati- Engineers. The 1988 amendments to the act required a
ble with protection of natural resources. The CZMA recog- phaseout of the disposal of sewage sludge and industrial
nized that good coastal management is in the national wastes in the sea, a practice that ended in the early 1990s.
interest. At the same time, its structure reflects the reality
s The Oil Pollution Act of 1990 established strict liability for
that the type of land-use planning required has traditional-
ly been a state or local government function. An important damages resulting from oil spills, broadened the categories
feature of the CZMA is a provision requiring that federal of compensable damages, increased civil penalties for
actions likely to affect the coastal zone be consistent with negligent discharges of oil, required measures to prevent
a state’s coastal zone management plan. oil spills, and required preparedness for oil-spill cleanup.
The Exxon Valdez oil spill prompted passage of this act.
27
hydropower production, habitat loss, and of the vast dam and reservoir system of the
overfishing have contributed to a 98 percent 260,000-square-mile river basin, it alone
decline in wild salmon populations, including cannot bring on board the local officials
the extinction of Columbia River coho salmon. whose land-use decisions are critical to the
In the last decade, at least 12 major salmon health of tributaries.
and steelhead trout runs have been listed During the period in which wild salmon
under the Endangered Species Act (Koehler have nearly vanished from the Columbia River
and Blair, 2001). Basin, the Bonneville Power Administration,
Concerned about the dwindling salmon, under the Northwest Power Planning Council’s
in 1980 Congress established the Northwest guidance, has spent more than 3.5 billion
Power Planning Council with the dual mission dollars on salmon restoration. The fragmenta-
of protecting the region’s fisheries and ensur- tion of responsibility for planning, funding,
ing an adequate power supply. The council and implementing; the failure to establish firm
consists of two members appointed by each of restoration goals; the lack of legal and institu-
the basin’s four state governors. There is no tional mechanisms to ensure that restoration
federal representative on the council. The goals are achieved; and the failure to bring all
council develops a regional fish and wildlife relevant parties to the negotiating table have
restoration program but is dependent on the been major obstacles to salmon restoration in
Bonneville Power Administration, a power the Columbia River Basin.
marketing agency, for restoration funding.
Under this structure, the council—whose GOVERNANCE THAT WORKS
members are not required to have expertise In its investigations, the Commission encoun-
in salmon restoration—has often rejected the tered a number of examples of governance
recommendations of fisheries experts. Dam that appear to be working. Successful efforts
operators are only required to consider the evolved where necessity and ingenuity com-
council’s plans in dam operations, not to bined to push people to reach out across tra-
adhere to them. And ultimately the water ditional jurisdictional lines, to form innovative
agencies have often failed to implement partnerships, and to address environmental
elements of the programs that are approved. issues comprehensively.
In 1999, the council’s failure to halt the
decline of Columbia basin salmon, highlighted THE ATLANTIC STATES MARINE
by the endangered status of many salmon FISHERIES COMMISSION
runs, led to the formation of a “Federal Every spring, hundreds of thousands of horse-
Caucus,” whose goal was to ensure that feder- shoe crabs migrate from offshore onto the
al agencies involved with salmon were work- beaches of Delaware Bay to spawn, where
ing together to improve compliance with the each female may lay up to 80,000 eggs in the
Endangered Species Act. While the caucus sand. These nutritious eggs provide fuel for as
may be able to improve the “fish-friendliness” many as 1.5 million shorebirds that migrate to
28
nesting grounds in Canada. If the birds are
unable to gorge themselves on the eggs, they
may never complete their arduous flight north,
or they may be unable to successfully breed
once they arrive.
By the mid-1990s, scientists began to
notice declines in horseshoe crab and shorebird
counts. It is estimated that the horseshoe crab
population in the Delaware Bay has been cut in
half, and counts on some spawning beaches are
down by 90 percent. Although man-made inlets © Heather R. Davidson
and other shoreline alterations have probably
contributed to the problem, the decline in
horseshoe crabs coincided with a dramatic
increase in offshore trawling for the crabs used
Chesapeake Bay produces about 40 percent of the nation’s blue crab harvest
as bait in other fisheries.
but catches have declined in recent years.
The Atlantic States Marine Fisheries
Commission (ASMFC) is an interstate body and parts of six states and is home to more
empowered by Congress to develop uniform than 15 million people. The Chesapeake Bay
management plans for fisheries that span state is also home to more than 3,600 species of
boundaries and to coordinate with federal plants and animals. It is a major nesting
fisheries managers to ensure that interstate ground along the Atlantic Flyway and yields
and federal fisheries management plans dove- half a billion pounds of seafood each year,
tail to the maximum extent possible. The including about 40 percent the U.S. blue crab
ASMFC compact has a powerful compliance harvest. However, the bay is in trouble and
mechanism that allows federal intervention has been for some time.
under certain conditions to enforce an inter- Seagrass beds that provide nursery and
state plan. In 2001, the ASMFC broke new foraging areas for a variety of species cover lit-
ground in ecosystem-based fisheries manage- tle more than 10 percent of their historic area.
ment by limiting the harvest of horseshoe Water clarity, which is important for seagrass
crabs out of concern for the impact of the fish- recovery, is fair to poor in most of the lower
ery on shorebirds that depend on the crabs’ bay. Water oxygen levels remain too low in
eggs during their migrations. many areas to support much life. The oyster
population is only about one percent of its
historic level. The decline of oysters partly
THE CHESAPEAKE BAY PROGRAM
The Chesapeake Bay is the United States’ explains the loss of water quality: oysters feed
largest estuary. Its 64,000-square-mile water- by filtering microscopic plants called phyto-
shed encompasses the District of Columbia plankton from the water. Before their decline,
29
oysters may have been able to clean the entire and shorelines, as well as millions of acres of
volume of water in the Chesapeake Bay every seagrass beds. These habitats provide food and
few days (Newell, 1988). The blue crab popu- shelter for a variety of ecologically, commercial-
lation declined precipitously in the early ly, and recreationally important species.
1970s but seemed to rebound in the 1980s. By the late 1980s, the strain of competing
The recent trend is again downward. uses on the Florida Keys’ marine environment
Concerned with declining water quality was evident. Live coral cover was decreasing
and dramatic die-offs of seagrasses, Congress, and reefs in the northern half of the tract were
in 1983, established the Chesapeake Bay increasingly overgrown by algae. In addition,
Program, whose efforts to reduce nutrient severe water quality problems in Florida Bay,
pollution and restore critical habitats through mainly related to human-induced changes in
a watershed approach have become a model the water flowing from the Everglades, were
studied and emulated worldwide. This volun- devastating seagrass beds. Although physical
tary, cooperative effort among the states com- damage to coral by boats and treasure salvors
prising the bay’s watershed and the federal had long been a concern, several high-profile
government set clear, ambitious goals for ship groundings on the reefs galvanized efforts
restoration. Although the program has not in Congress to protect the Keys, culminating
achieved all of its numerical targets, pollution with the designation of a 2,800-square-nautical-
has been reduced substantially in the face of mile area of the ocean surrounding the Keys as
dramatic population growth—and its accom- a national marine sanctuary in 1990.
panying development—in the region. A recent The Florida Keys National Marine
revision to the program included targets for Sanctuary has substantially improved gover-
habitat protection and reduction of the rate of nance of the marine ecosystems of the Keys
land conversion, thus incorporating land use through the use of ocean zoning. This program
into the watershed equation. relies on cooperation and coordination among
federal and state agencies, involves stakeholders
at all stages of the management process, prac-
THE FLORIDA KEYS
tices adaptive and science-based management,
NATIONAL MARINE SANCTUARY
The reef tract of the Florida Keys is the largest provides opportunities for a variety of human
coral reef within the continental United States activities consistent with conservation goals,
and is the third largest coral reef on the plan- and protects core conservation areas from all
et. It comprises a 220-mile arc of nearly con- extractive or disruptive human activities.
tinuous reef parallel to the Atlantic shore of
the Florida Keys, supporting more than 400 LESSONS FROM THE LAND
species of fish, nearly 40 species of sponges, The failure to conceive of the oceans as the
and more than 80 species of echinoderms. largest component of our public domain, to be
In addition to the well-known reefs, the managed holistically for the greater public good
Florida Keys contain extensive mangrove islands in perpetuity, is perhaps the greatest flaw of U.S.
30
BOX TWO Steve Simonsen/Marine Scenes
MARINE RESERVES
Human activities and natural phenomena constantly
disturb ecosystems. Healthy ecosystems are resilient, in
that they are able to resist and recover from change
following a disturbance. Marine reserves increase
Kip F. Evans/National Geographic Society
ecosystem resilience by protecting a portion of the
ecosystem, providing marine habitats and species a safe
haven in which to flourish.
Protecting a variety of marine habitats within a network of
reserves is vital to protect sea life that moves from one
habitat to another during different life stages. A network of
marine reserves is important to ensure the persistence of
A coral reef biologist counts fish in the individual reserves by providing connectivity among them.
Dry Tortugas Ecological Reserve.
Connectivity and linkages ensure larval dispersal and juve-
The area of the ocean under U.S. jurisdiction protected in nile and adult migration to surrounding reserves.
marine reserves—where all extractive and disruptive activi-
ties are prohibited—is a small fraction of one percent. As a A wide range of choices exists for reserve design and
comparison, 4.6 percent of the land area of the United placement. Advances in mapping, remote sensing, and
States is protected as wilderness. geographic information systems expand the ability of deci-
sion-makers and the public to compare alternatives. Fine-
Although protecting areas on land has been a well-accept- scale ocean monitoring
ed conservation practice for more than a century, reserves and new research tech-
are a relatively new approach to marine conservation. Re- niques that track move-
serves can improve our scientific understanding of marine ment of key species
Kip F. Evans/National Geographic Society
ecosystems and provide enriched opportunities for nonde- enhance our ability to
structive human activities and education. Recent scientific evaluate the health of
studies document that marine reserves can be effective in: marine ecosystems.
These techniques and
s restoring ecosystems and enhancing populations by technologies provide
increasing abundance, diversity, and productivity of marine flexibility in choosing
organisms within reserve boundaries (Figure One, page 34); sites that balance social,
s protecting the structure and functioning of marine economic, and biological
Superintendent of the Florida
ecosystems and habitats; considerations, and allow
Keys National Marine Sanctuary
s replenishing adjacent areas via spillover (dispersal of for effective management
Billy Causey prepares to dive in
juveniles and adults to adjacent areas) and larval export. and evaluation.
the Tortugas Ecological Reserve.
ocean policy. America’s oceans span nearly 4.5 behalf of all citizens of the United States.
million square miles, an area 23 percent larger Our nation’s stewardship of the land,
than the nation’s land area. It is a vast three- though flawed in practice, nonetheless offers
dimensional place over which our federal and useful insights for improving ocean gover-
state governments exercise jurisdiction on nance. To minimize conflicts among public
31
FIG. ONE
Marine Reserves Increase Fish Biomass management procedures.
Around the world, marine reserves have demonstrated the ability to increase fish bio-
Although the organic legislation guiding
mass inside their borders. In most reserves studied, fish biomass doubled within five
years. The larger fish found within reserves also produce more eggs. For example, ling
our public lands is flawed, these laws at least
cod within a reserve in Washington State produced 20 times more eggs per unit area
than cod outside the reserve (Palumbi, 2003). provide a framework within which the cumula-
tive effects of all uses of public lands can be
Map: Jerome N. Cookson; Art: John Michael Yanson
assessed, coordinated, and managed. For
Red Sea
example, the National Forest Management Act
+20% Philippines
Caribbean
Hawaii
requires the federal government to develop
Kenya
+188%
+81%
+132%
+800% New
comprehensive forest management plans on a
Caledonia
Seychelles
+313%
regional basis that take into account the wide
+108%
Chile
South
variety of uses and benefits, including biologi-
+496% Africa
+750%
cal diversity, of our national forests. Although
these plans vary widely in their attention to
biological diversity, this law has improved
Source: Data are from 32 studies summarized by Halpern (2003) that were published in peer-reviewed journals.
forest management overall by establishing a
and private uses of land, there is a well-estab- clear, practicable methodology for assessing
lished and detailed system of zoning on land. and managing forest diversity on the ground
Used properly, zoning spatially segregates where it counts.
incompatible uses while providing predictabil-
ity to landowners about acceptable land uses DEFINING ECOSYSTEM HEALTH
within an area. In addition, we have created a To successfully protect ecosystem health, we
world-renowned system of public parks and must be able to give the concept meaning in
wilderness areas to preserve the benefits of the real world. Extensive review of existing
nature for future generations. With few excep- organic legislation for our public lands has
tions, society has not extended these protec- shown that a major failing has been the lack
tions to the sea (Box Two, page 31). of clear standards against which management
At a workshop in Monterey, California, actions can be measured. Ecosystem health is
the Commission reviewed our nation’s experi- the standard against which actions should be
ence in managing our parks, national forests, measured. The Commission believes that pro-
and other public lands for possible ocean gov- tecting, maintaining, and—where appropri-
ernance models. All the major land compo- ate—restoring that health should be given pri-
nents of the public domain—the National Park ority as multiple, and sometimes competing,
System, the National Wildlife Refuge System, uses are weighed.
the National Forest System, and the public Given the variability among ecosystems,
lands management by the Bureau of Land the inherent variability within a single ecosys-
Management—have “organic acts” guiding tem, and our incomplete knowledge of their
their management. An organic act establishes structure, functioning, and history, it is not
the purposes of the system, its goals, and its possible to write a single definition that speci-
32
fies the elusive state of health for all ecosys- and resilient marine ecosystems, coastal
tems. However, we do know that certain char- economies and entire industries would be
acteristics are indicative of ecosystem health— decimated and our quality of life would be
number of species, populations of major immeasurably harmed.
species, habitat composition, and water quali-
ty, for example. With the help of marine scien- SUMMARY OF RECOMMENDATIONS
tists, the parameters and the range of their val- 1. Enact a National Ocean
ues that are indicative of a healthy state for Policy Act (NOPA).
each marine ecosystem can be established. Congress should enact a National Ocean Policy
This approach has not been widely used Act requiring federal, state, and territorial agen-
in the oceans, but precedent exists on land. To cies to protect, maintain, and restore marine
implement the National Forest Management and coastal ecosystems, and reorienting nation-
Act, the U.S. Forest Service has established al and regional decision-making bodies to these
detailed procedures for identifying and monitor- ends. This legislation should provide clear and
ing indicators of ecosystem health for each measurable goals and standards to govern activ-
management region. The forest service focuses ities affecting the oceans, establish mechanisms
mainly on maintaining “viable populations” of to ensure compliance with the national policy,
indicator species (whose well-being is consid- and establish national and regional institutions
ered indicative of overall ecosystem health). In capable of carrying out that policy.
the oceans, this approach could be expanded to
include other environmental quality parameters, 2. Establish regional ocean
bringing the essential task of ecosystem-based ecosystem councils.
management within practical reach. As part of the National Ocean Policy Act,
Congress should establish regional ocean
ecosystem councils consisting of appropriate
OCEAN GOVERNANCE
federal, state, and tribal representatives. These
21ST
FOR THE CENTURY
Once considered inexhaustible, the fish and councils should be charged with developing
other living resources of the sea are succumb- and overseeing implementation of enforceable
ing to the onslaught of our numbers and our regional ocean governance plans to carry out
technology. But change is coming in the way the national policy to protect, maintain, and
we use our oceans, if only because the oceans restore marine ecosystems. To be enforceable,
are changing in response to our actions. plans must include performance goals and indi-
To be effective, ocean governance must cators, must be binding on all parties, and must
break the cycle of unsustainable marine meet federal standards established under the
resource use by making the shift to long-term National Ocean Policy Act. The geographic
economic and environmental thinking. extent of authority for each regional ocean
Maintaining the health of marine ecosystems council should be specified by statute. Each
is in our national interest. Without productive regional ocean council should establish perma-
33
nent advisory committees to obtain the views s Chesapeake Bay Program and the National
and advice of fishermen, scientists, environmen- Estuaries Program of the Environmental
tal organizations, local government, the public, Protection Agency;
and others with an interest in ocean resources. s aquaculture programs for marine species
The regional ocean ecosystem from the Department of Agriculture;
councils should utilize ocean zoning to s shoreline protection and estuarine restoration
improve marine resource conservation, activities of the Army Corps of Engineers.
actively plan ocean use, and reduce user
conflicts. Ocean zoning should allow for the The national oceans agency will be
protection of key habitats or resources while responsible for ensuring compliance with the
facilitating a variety of human activities. National Ocean Policy Act, chairing the
regional ocean ecosystem councils, providing
3. Establish a national technical and financial assistance to the coun-
system of marine reserves. cils, and reviewing and approving regional
Congress should enact legislation mandating the ocean governance plans.
establishment of a national system of marine
reserves to protect marine ecosystems, preserve 5. Establish a permanent
our national ocean treasures, and create a lega- interagency oceans council.
cy for our children. Congress should authorize Congress should enact legislation establishing
regional ocean ecosystem councils to create a permanent national ocean policy council
marine reserves within the areas of their juris- within the Executive Office of the President.
diction but should itself take action to protect The head of the national oceans agency
areas of national significance. should chair the national council. Its
membership should be specified by law to
4. Establish an independent include the heads of federal departments or
national oceans agency. agencies whose activities have a significant
Congress should establish an independent effect on the oceans. Council duties would
agency outside the Department of Commerce include coordinating and overseeing agency
to address the national interest in the oceans implementation of the National Ocean Policy
and atmosphere. This agency should consoli- Act, resolving interagency disputes regarding
date under one roof as many federal ocean NOPA implementation, and coordinating and
programs as is practical. At a minimum, the certifying agency ocean budgets to address the
agency should consist of the programs of the national ocean policy. To assist the President
s current National Oceanic and Atmospheric and the national ocean policy council in
Administration as well as the ocean miner- carrying out NOPA, a position of national
als, marine mammal, and seabird programs oceans adviser should be established within
of the Department of the Interior; the Executive Office of the President.
34
Chapter Three
RESTORING AMERICA’S FISHERIES
Lobster buoys in York, Maine
Deb Antonini/Pew Oceans Commission
From Moby Dick to The Perfect Storm, the Master, I marvel how the fishes live in the sea.
drama and the lore of fishermen’s lives is Why, as men do a-land: the great ones
embedded in America’s consciousness, and its eat up the little ones.
place is well deserved. Fishing is our oldest William Shakespeare
Pericles, Act 2, Scene 1
industry and has been a way of life since Native
Americans first lived along our prolific coasts.
The fishermen’s heritage has enriched the social, and hikers value land-based wildlife, divers,
cultural, and economic life of our nation. snorkelers, and whale-watchers are passionate
Fishing figures prominently in both the about oceanic wildlife. These nature lovers
national and regional economies. Commercial are the heart of a large and growing marine
fishing is a multibillion-dollar industry tightly ecotourism industry.
connected to the global economy. In 2001, the The multidimensional uses of our
domestic commercial seafood industry con- marine wildlife reveal a national public inter-
tributed 28.6 billion dollars to the U.S. gross est in maintaining healthy marine ecosystems.
national product and American consumers ate
an average of 15.2 pounds of seafood per per- THE NATURE OF THE PROBLEM
son (NMFS, 2002a). Fishing is the number one Many of those ecosystems and the fishing her-
employer in Alaska, which typically commands itage they support are now at risk. As Theodore
close to half the total annual U.S. commercial Roosevelt IV told the Commission (Roosevelt,
fish landings. Around the coasts, fishing is the 2001), “We may be seeing the last great buffalo
backbone of the economy and culture for hunt taking place on the world’s seas.”
many coastal communities. The principal problem is that we catch
Fishing-related activities grease the too many fish, and far too quickly, for nature
engine of coastal tourism. Recent estimates to replace. Currently, we know of 93 U.S. fish
indicate more than 17 million marine recre- populations that are already overfished or that
ational fishers spend approximately 25 billion are currently being fished at unsustainable
dollars per year on fishing-related activities rates—nearly a third of the 304 fish popula-
and products (NRC, 1998). Recreational fish- tions that scientists have assessed (NMFS,
ing is important to the economies of California 2002b). The majority of the already overfished
and the South Atlantic and Gulf coast regions, populations are still being fished unsustain-
particularly Florida. ably, frustrating rebuilding efforts. The status of
Across the country, the Commission another 655 populations, including 120 major
heard as well about a broader public interest stocks (those with landings of at least 200,000
in wild fish populations. Just as bird-watchers pounds of fish a year) is unknown (Dayton et
35
al., 2002), and new assessments are expected Bocaccio and canary rockfish are less than
to show even more overfished populations in 10 percent of their historic numbers. Commonly
need of rebuilding (NMFS, 1999; Figure One). sold in restaurants as Pacific red snapper, bocac-
In addition to overfishing, wasteful cio was once the dominant rockfish species
bycatch, the destruction of fish habitat, and caught by commercial trawl fishers on the West
fishing-induced changes in marine food webs Coast. At the height of the fishery in the late
are diminishing the ocean’s biodiversity and 1970s, more than 11,000 metric tons of bocac-
altering marine ecosystems. Marine animals cio were landed a year. By 2001, the catch had
currently considered at risk of extinction dropped to 214 metric tons. The 2002 stock
include northern right whales, the Hawaiian assessment recommends a catch of 0 to 20
monk seal, the Pacific leatherback turtle, sev- metric tons (MacCall and He, 2002). Biologists
eral species of California abalone, and about predict it will take 90 years or more for the
82 marine fish populations in North America, stock to recover if all fishing for bocaccio is
including Atlantic salmon, bocaccio, and halted, including those caught accidentally.
barndoor skate (Dayton et al., 2002). Even before the closure, the Secretary of
Fishing has contributed to large changes Commerce had declared the West Coast
in coral-reef ecosystems in the Caribbean, and groundfish fishery a “disaster,” leading
to significant changes in community structure Congress to appropriate 5 million dollars for
in the ecosystems of the Bering Sea off Alaska, assistance. Now the livelihoods of an estimat-
Georges Bank off New England, Chesapeake ed 1,200 to 1,800 commercial fishing-boat
Bay, and elsewhere (NRC, 1999). The tragic operators are in jeopardy. An untold number
irony is that the benefits we so value from our of recreational fishermen and charter boat
fisheries depend on the very biodiversity and operations will also be affected.
ecosystem productivity that unsustainable fish- The West Coast rockfish collapse is
ing practices threaten. reminiscent of earlier disasters: the collapses
of California’s Monterey-based sardine fishery
and New England’s cod population, both of
A PATTERN OF OVERFISHING
In September 2002, West Coast fishermen faced which are still struggling to recover. And prior
a new reality when they learned that severe to the cod debacle, Atlantic halibut were so
heavily overfished in the 19th century that
restrictions would be placed on bottom fishing
on much of the continental shelf from Canada they have never recovered. Once thought
to Mexico. The Pacific Fishery Management impossible, we now know that we can push
Council implemented the strictest regulations in marine fish to the edge of extinction (Musick
the history of West Coast fishing in a final-hour et al., 2000).
attempt to save rockfish. Of course, not every fishery ends in
The status of four rockfish species drove collapse. Although no region is immune to
the decision: bocaccio, canary rockfish, dark- problems, fisheries have generally fared better
blotched rockfish, and yelloweye rockfish. in Alaska, which takes a more conservative
36
FIG. ONE
Status of Marine Fish Stocks
The U.S. Department of Commerce listed 959 stocks in its 2001 Annual Report to Congress on the Status of U.S. Fisheries.
The data in the pie charts below are drawn from information in the annual report.
*Major stocks are those with landings of at least 200,000 pounds.
In 2001, 295 major stocks produced the majority of landings,
totaling more than 8 billion pounds, compared with 9 million
pounds from 664 minor stocks.
Lucidity Information Design, LLC
37
BOX ONE Steve Simonsen/Marine Scenes
FISHING WITHOUT A PLAN: THE DOWNWARD SPIRAL OF THE SPINY DOGFISH
A small shark known as spiny dogfish is one of the fallen 80 percent by 2000. Scientists realized that the
most recent victims of unregulated fishing. Netted and stock and the 8-million-dollar fishery it supported
hooked in New England waters and off the mid- were in imminent danger of collapse. It took anoth-
Atlantic coast, most of the dogfish catch is exported to er two years before the Secretary of Commerce
Great Britain for fish and chips. Slow to reach sexual implemented a plan to establish a significantly
maturity, dogfish are very susceptible to overfishing. reduced fishing quota and begin rebuilding the
overfished stock.
For 10 years, the fishery operated without a Fishery
Management Plan. Between 1987 and 1996, commer- Alaska, California, and Maine—along with several
cial fishing for spiny dogfish had increased catches countries worldwide—have adopted emerging fishery
nearly tenfold and recreational fishing increased policies to prevent fisheries from operating without
threefold. Because the industry targets females (they management plans (see emerging fishery recommen-
grow faster than males), the female population had dation on pages 110–111 in Chapter 11).
approach to fishing. For federal fisheries off ery of Atlantic striped bass demonstrates what
Alaska, a planning team of scientists recom- can be achieved through aggressive single-
mends acceptable catch levels to a Scientific species management techniques. Bottom trawl
and Statistical Committee, which reviews closures to protect high-relief living habitat
them and makes recommendations to the fish- essential for juvenile red king crab were
ery management council. The council allo- instrumental in the 1990s recovery of the red
cates this allowable catch among the fishery king crab fishery in Bristol Bay, Alaska (Ackley
participants, and it has very rarely raised a and Witherell, 1999). More recently, due to
catch level above the scientists’ advice. aggressive efforts in New England, cod stocks
The San Francisco Bay herring fishery are starting to show signs of rebuilding. Strict
and the International Pacific Halibut catch limits and other measures are allowing
Commission are also frequently noted as more summer flounder and scup to recover off the
successful management models. mid-Atlantic states.
Unfortunately, experience reveals these exam- Though the occasional recovery offers
ples are the exception rather than the rule. All hope, the Commission is convinced that we
too often, it is not until overfishing has must prevent overfishing in the first place.
occurred that effective constraints on fishing Scientists at a Commission workshop in Seattle
are applied or, in some cases, that manage- described new studies that suggest fish popula-
ment plans are implemented at all (Box One). tions are less resilient than once believed and
In some cases, strict management and that recovery of depleted populations may take
favorable circumstances can allow fish popu- longer than expected (Figure Two). One study
lations to recover from overfishing. The recov- analyzed 90 populations that declined 13 to
38
FIG. TWO
99 percent over a 15-year period. Fifteen years
The Challenge of Rebuilding
after these initial declines, 12 percent of the
Overfished Stocks
populations for which data was available had 0 25 50 75 100 125
TA R G E T
recovered but 40 percent had experienced no BIOMASS (%)
recovery at all. All of the species that had fully
recovered were fish that mature quickly, such as GULF OF MAINE
COD
herring and sprat. Prized fish, such as cod and
haddock, had not recovered (Hutchings, 2000).
GEORGES BANK
COD
EXCESS FLEET CAPACITY
The Bering Sea crab fleet now numbers
GEORGES BANK
around 250 boats, and many believe the fleet HADDOCK
has up to five times the fishing power needed
to catch available crabs. As far back as 1991, GULF OF MAINE
HADDOCK
overcapacity had shortened the fishing season
for Bering Sea red king crab into a dangerous
seven-day scramble. Managers can have a dif- GEORGES BANK
YELLOWTAIL
FLOUNDER
ficult time assuring that catches stay within
safe limits under these circumstances.
This type of fishing fleet overcapacity SOUTHERN
NEW ENGLAND
often goes hand in hand with overfishing. But YELLOWTAIL
the situation is not merely one of “too many
boats chasing too few fish.” Excess fish-catch- WITCH
FLOUNDER
ing capacity, or fishing power, is a combined
result of the number of boats, their size, and
Art: John Michael Yanson
their enhanced technology.
GEORGES BANK
New technology has made it hard for fish WINTER
FLOUNDER
to hide and has vastly increased fishing effi-
ciency. Geographic information systems and
other computer technology have increased our Once abundant off New England’s coast, many groundfish have been
depleted and have only recently begun to rebuild under aggressive
ability to locate schools of fish we previously conservation measures. Though their populations are on the rise,
many have a long way to go before they recover. The famed Georges
could not “see.” Boats today have larger, Bank cod population, for instance, is estimated to be less than a third
of the size it was just 20 years ago. Most of the major New England
stronger, and heavier gear capable of fishing in
groundfish stocks are currently below their target population levels,
previously inaccessible areas. New rockhopper and many are far from approaching the population abundance (target
biomass) that would support maximum sustainable yield.
gear and bigger roller gear allow bottom trawl
Source: NEFSC, 2002.
nets to hop, roll over, and crush complex bot-
Note: The eight species in this graph were selected from the NEFSC
tom habitat where previously gear would snag report because they are the principal species listed in the NMFS 2001
Annual Report to Congress on the Status of U.S. Fisheries and the
and become damaged or lost. Our technology species whose status is known.
39
is simply outstripping natural obstacles and the the high-valued stocks become depleted has
ability of fish to replenish. propped up commercial fishery landings,
Even where fish populations appear to masking the broader influence of fishing on
be healthy, fleet overcapacity can weaken fish- marine ecosystems.
ermen’s social and economic situations. This serial overfishing is related to a
Accelerating competition for increasingly phenomenon known as fishing down the food
scarce resources produces chronic economic web. Large-bodied, top carnivore species such
instability and lowers fishermen’s net incomes. as tuna, swordfish, salmon, and many sharks,
This can lead to severe conflict in the alloca- are prime targets for fisheries. Serious deple-
tion process and continuous pressure to tion of their populations is thought to destabi-
increase allowable catches. Excess fleet lize the rest of marine food webs, and, thus,
capacity can also generate a dangerous and entire ecosystems. Further disruption is likely
environmentally damaging race for fish, which when depletion of these top carnivore species
weakens regulatory efforts. results in fishing down the food web (i.e.,
Because access to fisheries has largely intense fishing pressure shifting to mid-trophic
been free and open and the government has and finally low-trophic species). This phenom-
subsidized the development of a domestic enon causes additional disruption as succes-
fishing fleet, the amount of capital and labor sively more and more of the ecological checks
in many U.S. fisheries exceeds that needed to and balances in a system are removed.
take ecologically sustainable catches and pro- The consequences of this disruption can
vide economically viable fishing operations be severe. Diversified food webs with suffi-
for many fishermen. The economic system cient population sizes at all trophic levels
supporting fishermen is only as strong as the allow predators to switch among prey as the
ecosystem supporting fish. abundance and mix of species in a system
naturally fluctuates. Overfishing of top-trophic
species and subsequently mid- and low-troph-
FISHING DOWN THE FOOD WEB
The decline of one fish population often trig- ic species removes this natural benefit of bio-
gers the development of fisheries for new diversity by gradually disrupting and truncat-
species. Fishermen in New Hampshire told the ing trophic relationships. This leads to unpre-
Commission about how the government dictable changes, such as increased disease
encouraged them to direct their fishing effort outbreaks and the proliferation of previously
to new stocks such as spiny dogfish—previ- suppressed pests and weedy species. Thus,
ously considered a low-value “trash” fish— fishing down the food web may hinder
after highly prized cod, haddock, and yellow- recovery of depleted populations even after
tail flounder stocks were overfished. Ten years recovery plans are in place (Pauly et al., 1998;
of largely unregulated fishing then overfished Pauly et al., 2002).
spiny dogfish. Shifts to fishing new, usually Serial overfishing and fishing down the
low-valued species, such as spiny dogfish, as food web reduce the populations and sustain-
40
FIG. THREE
Fishing directly affects the abundance of marine fish populations (harvest mortality) as well as the age of maturity, size structure, sex ratio, and
genetic makeup of those populations. Fishing affects marine biodiversity and ecosystems indirectly through bycatch, habitat degradation, and
through biological interactions (incidental mortality). Through these unintended ecological consequences, fishing can contribute to altered ecosys-
tem structure and function. As commercially valuable populations of fish decline, people begin fishing down the food web, which results in a
decline in the mean trophic level of the world catch.
Ecosystem Overfishing
FISHING
BYCATCH
PHYSICAL IMPACT •Economic discards
OF FISHING GEAR •Regulator y discards
•Collateral mor tality
HARVEST INCIDENTAL
MORTALITY MORTALITY
Habitat Discarded
Modification or Bycatch and Of fal
Destruction
DEC
LIN
E IN
MEA
N TROP
HIC LE
VEL
BIOLOGICAL INTERACTIONS
•Predator-prey interactions
•Competitive interactions
•Changes in marine food webs
Art: John Michael Yanson
ALTERED ECOSYSTEM STRUCTURE AND FUNCTION
Source: Adapted from Pauly et al., 1998; Goñi, 2000.
ability of entire assemblages of fish popula- the same fish. Scientists attending the
tions—not just a few economically valuable Commission’s fishery management workshop
populations. Together, they can cause major in Seattle, Washington, reported that these
ecosystem disruption (Figure Three). types of competitive interactions are poorly
accounted for in current management regimes
(POC, 2002).
FISHING AND MARINE ECOSYSTEMS
Fishing affects marine wildlife other than At the Commission’s public hearing in
targeted fish in a variety of ways. Humans Alaska, citizens described how litigation drove
share the oceans and the fish with marine changes in management to reduce the potential
mammals, seabirds, and other wildlife. We for competition between fisheries and Steller
can often outcompete these animals for sea lions. Similar situations exist elsewhere. In
41
New York, the Commission heard how public species composition, abundance, diversity,
pressure drove changes in the mid-Atlantic and the productivity of associated marine life
horseshoe crab fishery to ensure that migrating (NRC, 2002; Auster, 2001; Watling, 2001).
shorebirds would have enough horseshoe crab Destruction of bottom habitat features used by
eggs to consume. adults for foraging or spawning may also hin-
Because U.S. fisheries depend on wild der recovery of overfished populations (Koenig
fish populations, they also rely on productive et al., 2000).
and resilient ecosystems to support those pop- The total extent of habitat destruction by
ulations. All marine wildlife has evolved and fishing gear is unknown. However, we do
adapted to coexist with competitors, as prey know its extent is far greater and it occurs
and predators in functioning ecological com- more frequently than do most natural distur-
munities. To thrive, wildlife also needs healthy bances (reviewed in Dayton et al., 2002). A
habitat for living space and adequate food typical section of northern California’s seafloor
resources on which to subsist and raise young. is trawled an average of one and a half times
per year with other areas trawled as often as
three times per year. Areas of New England’s
HABITAT DEGRADATION AND ALTERATION
From rain forests to the Florida Everglades, Georges Bank are trawled three to four times
people are generally aware of the danger that per year. Adverse effects caused by these prac-
habitat loss poses to wildlife on land, where it tices can be both chronic and cumulative,
is a leading cause of extinction. Habitat loss is leading to reductions in biodiversity with
also a danger in the seas. potentially broad adverse effects on ecosystem
Fishing gears such as bottom trawls and function (reviewed in Dayton et al., 2002).
dredges can damage the physical structure of
marine habitats as they scrape or plough the BYCATCH
seafloor. Three-dimensional structures built up Bycatch also takes a toll on marine life and
over centuries can be crumpled with the ecosystems when fishermen accidentally catch,
swipe of a dredge. Sponge reefs, oyster beds, injure, and kill marine life they do not intend or
and coral colonies—living reefs as well as want to capture. Scientists estimate that fisher-
forests of fossilized coral—are vulnerable. So, men discard about 25 percent of what they
too, are boulder fields and seamounts that catch worldwide (reviewed in Dayton et al.,
provide shelter for juvenile fish. Even the 2002; Figure Four). If the same discard rate
ocean sediment, with its complex communi- occurs in U.S. fisheries, some 2.3 billion
ties of burrowing fish, worms, and other inver- pounds of marine wildlife would have been
tebrates, can be altered in ways that affect tossed—injured or dead—back into the oceans
marine ecosystems. in 2000. Leading experts say that bycatch is one
As the Commission heard from a num- of the most significant environmental and
ber of scientists, mechanized harvesting that economic problems affecting marine fisheries
reduces habitat complexity can change today (Hall et al., 2001; Hall, 1999).
42
FIG. FOUR
Bycatch contributes to overfishing,
Bycatch
prolongs population recovery, and contributes
to conflict among user groups. As Chris H ARE DI
F FIS SC
O AR
DS
Dorsett, formerly with the Gulf Restoration DE
UN
PO
Network, explains, “Two of the most valuable
D
EV
N
LIO
fisheries in the Gulf are always at each other’s
ER
Y YE
2.3 BIL
throats because shrimp trawls catch too many
AR
juvenile red snapper as bycatch. We could
stop all directed catches of red snapper tomor-
row and they still wouldn’t bounce back in the
near future unless juvenile mortality from
shrimp trawling is reduced significantly.” The
25%
H
FIS E
D
Commission’s investigation led it to conclude O
C A F TOTA L A R D
T C H DI S C
that marine fisheries will remain on the tread-
mill of overexploitation until bycatch is
effectively limited.
Bycatch is also a serious concern for
noncommercial marine wildlife. Dramatic
declines of leatherback sea turtles, blue mar-
lin, smalltooth sawfish, and the barndoor skate
suggest that, in extreme cases, bycatch may be Art: John Michael Yanson
the leading reason a species is in jeopardy Bycatch is the incidental catching, discarding, or damaging of living marine
resources when fishing for targeted species. Though there is no comprehen-
(reviewed in Dayton et al., 2002). Bycatch sive estimate of bycatch in U.S. marine fisheries, globally it is estimated that
60 billion pounds of unwanted fish were discarded each year during the
poses the most significant threat to U.S. sea 1980s and early to mid-1990s—representing 25 percent of the world’s
catch. If that rate occurs in U.S. fisheries, then the total landings of 9.1 bil-
turtle populations, all six of which are either
lion pounds in 2000 would have been accompanied by about 2.3 billion
threatened or endangered (Hall, 1999; NRC, pounds of discards (with a range of 1.7 billion to 3.3 billion pounds).
Because discards represent only a portion of the total bycatch, the total
1990). It has also seriously depleted a number amount of life accidentally captured and killed in fishing operations could
exceed these discard estimates. Bycatch is a major factor in the significant
of marine mammal populations, such as dol- decline of many marine mammal populations, most species of sea turtles,
several species of albatross, and several skates and rays.
phins in the eastern tropical Pacific Ocean,
Source: Dayton et al., 2002.
and concern about its impact on seabirds is
increasing. Most harmful to seabirds are the ty, and resilience of marine ecosystems on
effect of longline bycatch on albatrosses, which economically valuable species and fish-
petrels, and shearwaters and the effect of gill eries depend. Breaking the cycle of overfishing
nets on shearwaters and auks (reviewed in requires a shift in perspective and manage-
Dayton et al., 2002) ment techniques. Sustainable management of
Together, the unintended consequences wild capture fisheries will require incorporat-
of overfishing, bycatch, and habitat degrada- ing and applying ecosystem principles in fish-
tion can alter the very biodiversity, productivi- ery management (Box Two, page 44).
43
BOX TWO Steve Simonsen/Marine Scenes
ECOSYSTEM-BASED FISHERY MANAGEMENT
The need to shift to ecosystem-based management be balanced between fish for human consumption and
has become a common mantra within the last five fish for the rest of the ecosystem;
s ecosystems are complex, adaptive systems.
years (NRC, 1998), and it is often misunderstood.
Ecosystem-based management does not require that
we know everything about marine ecosystems or the Ecosystem-based management requires that we
effects of fishing upon those systems. It also does reconsider what is meant by “overfishing.” We need
not require that we know much more than we cur- to get away from traditional, problematic maximum
rently do, at least to start. Nor does it mean a whole- sustainable yield and surplus-production models to
sale and immediate abandoning of all single-species consider the level of fishing that has detrimental
management techniques. effects in the ecosystem, even though it may not have
an adverse effect on a particular target species
Ecosystem-based management entails developing (Murawski, 2000). Flexible, adaptive management that
a new perspective that acknowledges and incorporates new knowledge and provides some
understands that level of insurance for unpredictable and uncontrol-
s there are limits to our knowledge; lable events embodies ecosystem-based manage-
s marine ecosystems are inherently unpredictable; ment. However, ecosystem-based management is not
s ecosystems have functional, historical, and evolu- a substitute for single-species management. Instead,
tionary limits that constrain human exploitation; it should be implemented to augment the best of
s there is a fundamental trade-off in fishing that must single-species management techniques.
FRAYED NET OF GOVERNANCE than sustaining natural systems that support
In many ways, the crisis in marine fishery and enhance wild fish populations. Although
management is a crisis of governance. The authority to sustain fishery resources exists
Magnuson-Stevens Fishery Conservation and within the law, it has been overwhelmed by
Management Act (Magnuson-Stevens Act) pro- the drive to maximize catches. As a result, sin-
vides the broadest articulation of American gle-species management techniques, the
marine fisheries policy and the basis of some desire for short-term profits over sustainable
aspects of state and interstate fishery manage- long-term income, and advances in technolo-
ment regimes. Originally crafted in 1976, the gy have driven fishery conduct.
law is based upon what we now understand to Second, the management structure and
be outdated principles. Though the law was process suffer from regulatory capture, a state
strengthened in 1996, underlying structural of affairs in which government regulators (in
and systemic problems remain. this case, fisheries managers) have come to
Three fundamental problems afflict the believe that their role is to defend the interests
Magnuson-Stevens Act. First, its management of the regulated community rather than
regime emphasizes short-term commodity pro- promote the public interest. Resource users—
duction, revenues, and employment rather principally commercial interests—drive
44
management decisions. They exercise power The current system also relies on scientific
through eight regional fishery management uncertainty to justify risk-prone decisions
councils that were originally established to (Rosenberg et al., 1993; Hanna, 1998). Fishery
assure that management would be tailored to after fishery has foundered on the shoals of
regional differences and local needs. In prac- this approach.
tice, resource users dominate the councils’ Today, productive ecosystems, and the
voting memberships. fishing industries and communities that
The law establishes the councils as the depend upon those ecosystems, are in a dan-
lead managers to formulate fishery-manage- gerous state of decline. Increased scientific
ment policy applicable to their region. In prac- understanding has revealed that fishing can
tice, councils make both conservation (How profoundly affect biodiversity and marine
much should be caught?) and allocation (Who ecosystems. This knowledge is shifting societal
gets to catch it?) decisions. This often leads to attitudes about exploitation of living marine
short-term allocation considerations overriding resources. An adjustment in the principles,
long-term conservation imperatives needed to laws, and institutions governing marine fish-
ensure a sustainable fishery. Thus, councils eries is required to reflect the needs and
avoid making tough decisions about limiting understanding of this new era.
who can fish and how much they can catch.
The Commission’s investigation has iden-
tified no other publicly owned American natu-
ral resource managed through a process that
allows resource users to decide how much of
the public resource can be taken for private
benefit. In the majority of fisheries examined
by the Commission, this system has created
nearly insurmountable obstacles to managing
the resource for sustainable catches and for the
broad public benefit over the long term.
Third, the law codified an open access,
laissez-faire approach. This fosters a reactive
Ron Niebrugge/wildnatureimages.com
management philosophy that focuses more on
day-to-day fishing needs than on restoring and
maintaining sustainable resources for the
future. The emphasis on producing commer-
cial commodities overwhelms the kind of
management that would more effectively limit
the taking of commercial species and protect
The oceans provide many benefits that cannot be easily measured,
noncommercial species and critical habitats. such as time spent between a parent and a child.
45
TOWARD REFORM The limited success of the SFA under-
As conservation needs have become more scores the need for more far-reaching reform.
apparent, the government has taken steps to The fact that restoring ecosystems and fish
reform the law and its implementation. The populations could create tens of thousands of
Sustainable Fisheries Act of 1996 (SFA) amend- family-wage jobs and substantially boost our
ed the Magnuson-Stevens Act, requiring actions coastal economy suggests such reform is well
to stop overfishing, rebuild depleted popula- worth the effort. The National Marine Fisheries
tions, minimize bycatch, and protect habitat Service (NMFS) estimates that the nation could
from harmful fishing gear while minimizing eco- increase fish catches by 64 percent above
nomic harm to fishing communities. However, recent yields—or an additional 6.9 billion
the reforms neither clarified ambiguous, outdat- pounds per year—by restoring populations and
ed management objectives nor lessened or natural systems. These increased annual catch-
removed the problem of regulatory capture. es could add at least 1.3 billion dollars to the
They also left in place the open access, laissez- U.S. economy (McCallum, pers. comm.). If we
faire management presumption. Many of the want marine fish populations to continue to
reforms that were passed have not yet been provide the ecological, social, cultural, and
implemented, seven years after the fact. economic benefits we cherish, the U.S. must
chart a clearer course, reorder institutions, and
change the underlying incentives to protect
biodiversity and marine ecosystems.
SUMMARY OF RECOMMENDATIONS
Congress should amend the Magnuson-
Stevens Act and other applicable fisheries laws
to codify the following recommendations as
national marine fishery policy:
1. Redefine the principal objective of
Dave Bjorn/Photo Resource Hawaii
American marine fishery policy to protect,
maintain, and restore marine ecosystems.
The principal objective of fishery management
should be to protect the long-term health and
viability of fisheries by protecting, maintain-
ing, and restoring the health, integrity, produc-
An estimated 17 million marine recreational fishermen
tive capacity, and resilience of the marine
across America, including these in Hawaii, depend on
fish for subsistence and recreation. Altogether, they ecosystems upon which they depend. The
spend approximately 25 billion dollars per year on fish-
objective should apply to all U.S. ocean
ing-related activities and products (NRC, 1998).
46
waters. In cases of conflict between this fisheries, such as bycatch and habitat dam-
objective and short-term social or economic age, must be managed and mitigated as a
needs, or in cases where information is uncer- condition of fishing. Before fishing begins,
tain or inconclusive, the need to protect, the government should determine where and
maintain, and restore these features of marine when the fishing shall occur, how much
ecosystems should always be the top priority. exploitation is acceptable, and how the fish-
ing should be conducted. The government
2. Separate conservation and should make these decisions only after con-
allocation decisions. sidering how the entire ecosystem that sup-
There should be a clear separation between ports the fishery—not just the target species—
conservation and allocation decisions in the will be affected by fishing. For new fisheries,
fishery-management planning process. The pur- this requires enactment of an emerging fish-
pose of this change is to assure that ecological eries policy. Plan implementation should
sustainability takes precedence over short-term incorporate comprehensive zoning to parti-
economic or political considerations. tion planned areas into sections designated
Conservation and allocation decisions are for specific uses.
discrete processes that require different
management skills and different types of 4. Regulate the use of fishing gear that
decision-making organizations. Conservation is destructive to marine habitats.
decisions should be made by NMFS, or a Fishing gear should be approved for use
revamped fishery service within a new national subject to a zoning program. The program
oceans agency. They should be based upon should designate specific areas for bottom
recommendations from regional science and trawling and dredging if scientific information
technical teams composed of federal, state, indicates that these activities can be conduct-
and academic scientists. Conservation deci- ed without altering or destroying a significant
sions should precede and remain unchanged amount of habitat or without reducing biodi-
by allocation decisions, with one exception: versity. Zones not designated suitable for
allocation decision-makers may adopt more these purposes should be closed to bottom
conservative policies than those set in the con- trawling and dredging. Sensitive habitats as
servation planning process. Regional fishery well as areas not currently trawled or dredged
councils should take the lead on allocation should be closed to such use immediately.
decisions subject to final approval by NMFS. Gear modification and conversion programs,
with funding provisions, should accompany
3. Implement ecosystem-based the new zoning regime. Funding should also
planning and marine zoning. be provided for research into possible ways to
Fishing should not proceed in the absence of reduce habitat impacts of bottom trawls and
an approved plan. Core problems in existing dredge gear.
47
5. Require bycatch monitoring and Reduction Teams that is subject to
management plans as a condition of fishing. statutory standards.
Bycatch monitoring and minimization plans
should be approved before the commence- 6. Require comprehensive access and alloca-
ment of fishing. The statutory goal of these tion planning as a condition of fishing.
plans should be to reduce bycatch to levels Regional fishery councils should develop allo-
approaching zero. Individual bycatch quotas cation plans, before the commencement of
for valuable fish species (except threatened fishing, that limit access and allocate catch in
and endangered species) appear to provide a manner consistent with conservation goals.
the most rational approach to managing At a minimum, each plan should: (1) help
toward that goal. Conservative catch quotas match the size of fishing fleets and their catch-
should be set for species, accounting for ing capacity to the health of exploited popula-
intended and unintended catch. Fishermen tions and their ecosystems; (2) manage fishing
should be allowed to keep fish they catch effort with privileges, such as total allowable
within conservative limits, rather than being catches, that control exploitation of fish popu-
forced to discard and waste one species lations within ecologically safe limits; and (3)
because they are in a target fishery for anoth- allocate privileges in a manner that properly
er. A plan should be developed for each aligns incentives, allows for the orderly opera-
fishery, using a stakeholder process modeled tion of a fishery (e.g., individual or community
on the Marine Mammal Protection Act Take fishing-quota programs), and maintains flexi-
bility, resilience, and adaptability within the
industry and fishing communities.
7. Establish a permanent fishery conservation
and management trust fund.
A permanent trust fund for marine fisheries
should be available, without appropriation or
fiscal year limitation, solely for the purposes
of improving fishery research, data collection,
© 2003 Norbert Wu/www.norbertwu.com
management, and enforcement; for habitat
restoration; and—in the first 5 to 10 years of
operation—for transitional buyback and com-
munity-development programs. Potential rev-
enue sources include revenues generated by
royalty payments on landed catch (e.g., royalty
payments collected as part of an individual or
A sea turtle is caught in a trawl net off the coast of Florida.
Although steps have been taken to reduce mortality in the shrimp community fishing quota auction process) and
fishery, accidental capture in fishing operations remains the most
fees collected from fines and other penalties.
significant threat to U.S. sea turtle populations.
48
Chapter Four
PRESERVING OUR COASTS
Miami Beach, Florida
Cameron Davidson/Stock Connection
THE NATURE OF THE PROBLEM In Louisiana, the issue is not whether we live on the
Throughout history, the coast—the place coast. In a sense, everyone lives on the coast. For
where land and rivers meet the sea—has been hundreds of years, we all have lived and worked on
an area of astounding biological abundance. the fingers of rivers and bayous. In between those
Diverse and unique habitats and abundant fish waterways has been the natural protection of
and other wildlife have graced our coasts. swamp and marsh. The loss of this marsh will incre-
Even Americans who live far inland reap the mentally destroy the economy, culture, ecology,
coasts’ benefits when they dine on succulent and infrastructure of this state and this region.
saltwater fish or visit the ocean shores. King Milling, President, Whitney National Bank
An excerpt from Mr. Milling’s testimony at the
In the United States today, our coasts
Pew Oceans Commission Public Hearing,
are deceptive in their beauty. Surface appear- New Orleans, Louisiana, March 15, 2002
ances mask a crisis that extends from upper
watersheds to depleted offshore coral reefs. of the nation’s land area. As a result, popula-
The problem, simply put, is that we are loving tion density along the coasts is about five
our coasts to death. times the national average. The latest census
Today, more than half the population of data indicate that this population
the United States lives in coastal counties. will increase by another 20 percent by 2015
Yet, these counties comprise just 17 percent (Beach, 2002), as some 3,600 people move
to the coasts each day.
Permanent residents
are not the only source of
pressure on coastal ecosys-
tems, for the beach is a
favorite destination.
Tourism is the second largest
contributor to the U.S. gross
© Streano & Havens/Stock Connection
domestic product and coastal
tourism and recreation
account for 85 percent of all
tourism revenue (NOAA,
1999). In California alone,
coastal tourism is valued at
nearly 10 billion dollars
Coastal tourism and recreation account for 85 percent of all tourism revenue, which is
annually, far exceeding the 6
the second largest contributor to the U.S. gross domestic product. Yet, the infrastructure
and services required to accommodate tourism can damage the environment that attracts
billion dollars generated
visitors to the nation’s coasts.
49
FIG. ONE
Expansion of Metropolitan
Coastal Areas
Geographic Information Systems (GIS) technology
has recently made it possible to graphically depict
the expansion of metropolitan areas.
The developed “footprints” (burgundy) of many coastal
regions are expanding faster than the national average.
Sa
n
n
The metropolitan regions of New York City (below, left)
F
Fra
and San Francisco (at right) experienced physical growth
nc
isc
rates far in excess of population growth.
c o
Ba
y
PACIFIC
OCEAN
1990
Long Island
Sound
Sa
a
N
n
EA
C
CO Fra
TI
LAN
n
nc
AT
isc
o
1990
B
Ba
y
y
PACIFIC
OCEAN
Long Island
Sound
1962
N
EA
C
CO
TI
LAN
AT
1960
Sa
a
n
Fra
nc
isc
s
o
Long Island
Ba
y
y
Sound
PACIFIC
OCEAN
TIC 0 20 mi
AN
1940
ATL EAN 0 20 km
OC
0 25 mi
1930
0 25 km
Sources: NOAA, 2002; Map images for New York adapted from maps created by Craig Campbell, using
data provided by a partnership of Regional Plan Association, the United States Geological Survey, and
Cornell University. Source for San Francisco map images: United States Geological Survey.
Art: John Michael Yanson
Maps: Jerome N. Cookson
50
by port traffic and dwarfing the 550 million
dollars generated by the state’s fisheries and
FIG. TWO
mariculture, or saltwater aquaculture (Wilson
The Rate of Land Development
and Wheeler, 1997).
and the Rate of Population Growth
With these throngs comes new develop- Land in the United States has been developed at more than twice the rate of
population growth since 1982. This increase is a result of a consistent decline in
ment, which increases demand for housing, development densities over the past few decades. If this trend continues through
water, food, recreation, waste disposal, roads, the year 2025, the nation will consume another 68 million acres of rural land—an
area the size of the state of Wyoming. The total developed land in the United States
and cars. All of this is polluting the water and will reach 174 million acres by 2025—an area larger than the state of Texas.
air and endangering coastal habitats.
Habitat destruction and the decline of
coastal water quality are the primary threats to
species with which we share the coastal envi- Sources: Data and
extrapolations from
ronment. Those threatened include many National Resources
Inventory, 2000; U.S.
ecologically and economically impor- Census Bureau, 2000.
tant species, as well as rare and unique
habitats. Urban sprawl, for example, 150
s)
600
Ac res of Developed Lan d (m ill io n
D
contributed to the decline of 188 of LAN
500
PED
U. S. Pop ulation (mill ion s)
LO
DEVE
S OF 100
400
ACRE
the 286 California species that are
300
U.S. POPU LATIO N
listed under the Endangered
200 50
Species Act, making it the leading 100
cause of species decline in that 0
0
1982 1987 1992 1997 2000 2005 2010 2015 2020 2025
state (Doyle et al., 2001).
We are fundamentally changing
Art: John Michael Yanson
the natural ecosystems that attract us to the
coasts. In some areas, we have converted The population explosion on our coasts
expansive wetlands into cities, protected on will continue. It is up to us to manage that
all sides by levees. In others, we have con- development in ways that protect coastal
verted sand dunes into irrigated golf courses ecosystems. If not, we will find ourselves
and subdivisions. impoverished, along with our coasts.
The problem is not just one of popula-
tion; our patterns of land use amplify the CHANGING LAND USE PATTERNS
effects of population growth on coastal In the decades following World War II,
ecosystems. In addition, government agencies Americans fled crowded inner cities in record
and programs have engaged in environmen- numbers. Between 1950 and 1990, the urban
tally harmful development in coastal water- population of the United States grew by about
sheds for decades. 15 percent and the rural population decreased
51
slightly, while the suburban population more
than tripled (Diamond and Noonan, 1996).
FIG. THREE
During this period, affordable automobiles,
cheap gasoline, and a rapidly expanding and
Increases in Vehicle Miles
heavily subsidized road system allowed—for
Outstrip Increases
the first time—large numbers of people to live
in Population
miles from where they worked.
In many ways, the coasts led these The number of miles Americans have
3,000
driven annually over the past 20
changes. Coastal development extends from
years has increased at four
the floodplains of rivers and estuaries to barri- times the rate of population
2,500
growth. Suburban development
er islands. Fourteen of the nation’s 20 largest patterns have contributed
2,000 to this trend.
cities and 19 of the 20 most densely populat-
ed
el
x 1 Million
av
ed counties lie along the coast. Furthermore, 1,500
Tr
the rate of land consumption in many of these
s
le
i
M
1,000
major metropolitan areas is four or more times e
cl
hi
Ve
the population growth rate (Figure One, page
Art: John Michael Yanson
500
50). If nationwide land development trends U.S . Pop ula tion Gr owt h
0
continue, by 2025 we can expect an addition-
1900
1910
1920
1930
1940
1950
1960
1970
1980
1990
2000
al 68 million acres—an area of land roughly
Year
the size of Wyoming—to be converted to resi-
Source: Adapted from Beach, 2003. Compiled by Michelle Garland, Surface Transportation
dential and commercial use (Beach, 2002; Policy Project; Federal Highway Administration, Office of Highway Information
Management. Highway Statistics Summary to 1995; Federal Highway Administration, Office
Figure Two, page 51). Most of this growth will of Highway Information Management. Highway Statistics Series, 1995 to 1999; Federal
occur along our coasts. Highway Administration, Office of Highway Information Management. Traffic Volume
Trends, December 2000; United States Census Bureau. Historical National Population
Sprawl—low density, automobile- Estimates: July 1, 1900 to July 1, 1999; United States Census Bureau. Monthly Population
Estimates, 1990 to 2000.
dependent development that separates
residential areas from jobs, goods, and services basic goods and services, sprawl gobbles up
—has become the predominant pattern of land and exacerbates traffic and pollution.
urban development in the United States. This Since 1960, the number of vehicle miles
approach to development is, by definition, traveled by Americans has more than tripled
inefficient in its use of land. The use of zoning (NRDC, 2001; Figure Three). As a result, vehi-
ordinances to mandate large lot size and to cle exhaust is contributing a growing share of
separate residential development from com- the total air pollution. We now know that
mercial areas was intended to protect home- atmospheric deposition—air pollution that
owners from the kind of crowding and pollu- eventually settles down on land or water—is a
tion that originally drove people from the major source of nitrogen pollution in our
inner cities. But by spreading out development nation’s waterways. This is particularly a prob-
and separating residents from even the most lem along the Atlantic seaboard and in the
52
contributed to billions of dollars
worth of real estate development
in high-risk and environmentally
fragile coastal areas. Low-cost
federal flood insurance has sub-
stantially reduced the financial
risk of this development, and
government-financed flood con-
trol, beach restoration, and
shoreline hardening projects
have created a false sense of
security for residents in these
low-lying areas.
Government projects have
dramatically altered our rivers
and coastal waterways. These
often-massive efforts spur devel-
opment while paying scant atten-
tion to environmental conse-
quences. The economic benefits
Cameron Davidson/Stock Connection
they have provided—particularly
to agriculture and shipping—
come at a high ecological price
(Box One, page 54). Habitats,
species, and whole ecosystems
are threatened by the elimination
of wetlands, the channelization
Intensive beachfront development destroys wildlife habitat, impairs water
quality, and reduces the ability of barrier islands to protect the mainland and damming of rivers, and the
from storms and flooding.
stabilization of inherently unsta-
Mississippi River watershed, where high rain- ble beaches and barrier islands.
fall combines with air pollution to exacerbate These changes have not been random.
atmospheric deposition (Puckett, 1994). The Army Corps of Engineers, established in
1779, is the nation’s main water resources
management agency. It is responsible for
MISGUIDED GOVERNMENT PROGRAMS
Substantial growth in many American’s personal building and maintaining more than 1,500
wealth, combined with cheap flood insurance federal water projects. These include the
and a period of relatively few hurricanes, have construction and maintenance of more than
53
BOX ONE Steve Simonsen/Marine Scenes
DELTA BLUES
Louisiana is gripped by a major crisis brought on by floodwaters and exacerbate erosion and saltwater
decades of misguided development of our land and intrusion from the Gulf of Mexico. Navigation chan-
waters. Due to channels and levees constructed by the nels that crisscross the region also contribute to
Army Corps of Engineers, the Mississippi itself now large-scale erosion of the delta. Thus, the delta has
flows more like a ditch than a river, shunting fertilizers lost more than 1,000 square miles since 1950, and
and pesticides downstream. One result is a low- continues to lose 25 to 35 square miles per year. If
oxygen dead zone in the Gulf of Mexico off the current loss rates continue, more than 630,000 acres
mouth of the Mississippi that can span more than of Louisiana wetlands will be converted to open
8,000 square miles of coastal ocean. The zone is water by 2050.
caused by excess nutrients—mostly nitrogen—that
drain into the ocean from agricultural lands along The Commission heard testimony about this crisis at
the Mississippi River. As they sink and decay on a public hearing in New Orleans. Following are
the bottom, algal blooms resulting from the excess excerpts from the testimony of King Milling,
nutrients drain oxygen from the Gulf waters. President of the Whitney National Bank, New
Orleans, and chair of the governor-appointed
The extensive channel and levee system along the Committee on the Future of Coastal Louisiana.
Mississippi blocks sediments formerly supplied by
Louisiana, the Mississippi Delta, and the Gulf of Mexico, as reflected by the hypoxia problem, are all victims of
national policy. I don’t say this to assess blame. It’s a fact. The channelization of the Mississippi River and its tributar-
ies, not to mention the dredging of numerous navigational waterways, has created an impact that shall absolutely
devastate south Louisiana and the lower delta.
The loss of Louisiana’s marshes will incrementally destroy the economy, culture, ecology, and infrastructure, not to
mention the corresponding tax base of this state and this region. From an ecological and environmental point of
view, it is a clear disaster. An ecosystem contributing 30 percent of the commercial fish harvested in these United
States will be destroyed.
As these wetlands are destroyed, the present insurable value of adjoining manufacturing, commercial, utility and
other infrastructure will be placed at risk. Ultimately much of that infrastructure may become totally uninsurable.
This state, in cooperation with our federal partners, has to step back and develop a holistic engineering program to
reestablish a sustainable coastline. Leading scientists and engineers believe that it can be done. The cost is 14 billion
dollars. That is a lot of money. The cost of doing nothing shall be well in excess of 100 billion.
140 ports, the construction of an 11,000-mile tion, construction of seawalls and jetties, and
network of inland navigation channels, 8,500 beach rebuilding. As a result, it has a profound
miles of levees and floodwalls, and more than effect on the environmental health of the nation’s
500 dams (Stein et al., 2000). The Corps waterways, floodplains, wetlands, and coastlines.
also manages shoreline protection and restora- The Corps has long been criticized for
54
According to Steve Ellis, of Taxpayers
for Common Sense, “What Army Corps offi-
cials lose sight of when they promote a
wasteful project is that the federal taxpayer is
the primary client, and is the majority stake-
holder of virtually all Corps projects. The
Corps needs to be made accountable to the
nation as a whole, and its mandate should be
a civil works program that will benefit the
overall national economy and the welfare of
its citizens.”
Although perhaps the most influential,
the Corps is not the only government agency
or program whose actions unnecessarily harm
© Doug Perrine/Seapics.com
coastal ecosystems. For example, as part of
the Central Valley Project, the Bureau of
Reclamation helped drain the vast wetlands of
California’s Central Valley and channelized its
rivers. The project resulted in the loss of
Newly hatched loggerhead turtles head for the sea. Sea turtle nest-
ing beaches are threatened by development, pollution, and rising 95 percent of the wetlands of the Sacramento
sea level.
River Delta. Winter run Chinook salmon have
building expensive and environmentally dam- declined by more than 90 percent over the
aging projects, often with dubious economic life of the project and an estimated 95 percent
justification. Analyses of the Corp’s practices of salmon and steelhead spawning habitats
by the National Academy of Sciences, the are now gone (Koehler and Blair, 2001).
General Accounting Office, the Army Inspector This development program has necessitated
General, and independent experts have shown a 20-billion-dollar restoration program for
a pattern of flawed economic and environmen- fish and wildlife in the river delta and
tal analyses, a process that is strongly biased in San Francisco Bay.
favor of project approval, and a failure to fol-
low through with environmental mitigation. COASTAL DEVELOPMENT
The projects resulting from this flawed AND HABITAT LOSS
approval process frequently fail to deliver pre- Like Louisiana’s bayous, all coastal habitat
dicted economic benefits while producing far types are affected by development to a greater
more environmental damage than anticipated. or lesser degree, depending on their desirabili-
In addition, the Corps has failed to complete ty for human uses and their sensitivity to near-
much of the environmental mitigation required by development. Maritime forests, for exam-
for its development projects. ple, have largely disappeared under the plow
55
or by residential development. Rapid growth degrade water quality and habitats far from
in south Florida has led to the destruction of the sources of pollution.
mangroves and seagrass beds, depriving some Surfaces that are impervious to water—
fish of feeding and nursery grounds. such as paved roads, parking lots, and
Residential and commercial construction rooftops—greatly exacerbate the problem of
destroys wildlife habitat, including habitat not runoff. A one-acre parking lot, for example,
actually built upon. The alteration of water flows; produces about 16 times the volume of
the loss of water quality; the breakup of large runoff that comes from a one-acre meadow
areas by roads, canals, and other infrastructure; (Beach, 2002). Impervious surfaces affect
and the creation of vulnerable exposed “edge” watersheds in two major ways. First, they
areas all degrade wildlife habitat. alter the pattern and rate of flow of rainwater
Wetlands are particularly valuable and to water bodies. Second, they collect pollu-
vulnerable. They support fish and wildlife pop- tants—hydrocarbons and other harmful
ulations of economic, ecological, and social substances emitted by automobiles, as well as
importance. They also provide ecological serv- fertilizers and pesticides from lawns and golf
ices by slowing down and absorbing stormwa- courses—and provide a conduit for their rapid
ter, filtering pollutants from urban and agricul- transfer to water bodies.
tural runoff, and buffering coastal areas from In general, the abundance and diversity
storms and erosion. of aquatic species decline as the amount of
From the 1780s to the 1980s, the United impervious surface in a watershed increases
States (excluding Alaska) lost more than half beyond about 10 percent (Schueler and
of its original wetlands (Dahl, 1991). With Holland, 2000). Since suburban development
protection under the Clean Water Act and averages about 40 percent impervious cover,
other statutes, the rate of wetlands loss has environmental quality quickly begins to suffer
dramatically decreased from a peak of about in rural watersheds once suburban develop-
490,000 acres a year to about 60,000 acres a ment begins. For example, in Maryland, the
year today. Most wetland loss today stems abundance of brown trout declines at about
from residential and commercial development 10 to 15 percent of imperviousness as does
rather than from agriculture, which previously the abundance of coho salmon around Seattle.
accounted for the lion’s share of loss. Similarly, studies have shown that the diversity
of aquatic insects plummets in urban streams.
RUNAWAY RUNOFF
Probably the most harmful impact of develop- THE LOGIC OF WATERSHED PLANNING
ment on marine and freshwater ecosystems is Watersheds—areas of land that drain to a
the degradation that results from polluted common waterway—provide a logical and
runoff. As evidenced by the dead zone in the appropriate scale for protecting and restoring
Gulf of Mexico, transported pollutants can water quality. Identifying the major threats to
56
water quality, inventorying their sources, and such as fishing and swimming.
determining the pollution reductions needed At its core, the problems of coastal
to protect, maintain, and restore water quality development are about human beings and the
are best done on a watershed-by-watershed demands we place on natural resources and
basis. Forty-six percent of the U.S. population ecosystems. We are currently making more
inhabits coastal watersheds (NOAA, n.d.), but, demands on coastal and marine ecosystems
in a sense, we all live in a coastal watershed than they can reliably meet. To preserve and
since all rivers drain eventually to the sea. restore the bountiful coastal environment that
At the local and regional levels, the we have enjoyed in the past and that we want
sources, magnitude, and effects of nutrient for our children and grandchildren, we must
and toxic pollution from both point and alter our relationship to the environment.
nonpoint sources vary dramatically. As a Given the certainty of substantial future
result, a one-size-fits-all approach to making population growth in coastal areas, only by
our waters fishable and swimmable will not changing the way we live and the way our
work. But approached on a watershed basis, communities grow can we maintain, much
we can address problems such as nonpoint less restore, healthy coastal ecosystems.
source pollution, particularly nutrient pollu-
tion—the greatest threat to water quality in SUMMARY OF RECOMMENDATIONS
our rivers, bays, and coastal waters. 1. Develop an action plan to address
We need an approach that manages nonpoint source pollution and protect
sources and effects across jurisdictional water quality on a watershed basis.
boundaries, provides the resources and incen- Addressing the complex array of point and
tives needed to achieve results, and is flexible nonpoint sources of pollution related to devel-
enough to allow solutions tailored to meet opment requires a comprehensive, watershed-
local circumstances. based approach to water quality protection.
The essential programmatic elements of States should establish and enforce water
a watershed-based approach to water quality quality standards for nutrients, thus providing
protection are already in place. The Clean an enforceable benchmark against which
Water Act requires the establishment of water progress can be measured. The Clean Water
quality standards for pollutants as well as the Act and state water quality laws should be
calculation of the maximum amount of a amended to require action to reduce nonpoint
given pollutant that a water body can absorb source pollution. States should determine
and still satisfy water quality standards (the the total maximum daily load (TMDL) of
total maximum daily load, or TMDL). The act pollutants that a water body can accept and
also requires an ongoing planning process for still attain water quality standards. The states
complying with water quality standards and should then implement meaningful plans for
maintaining designated uses of water bodies— achieving the point and nonpoint source pol-
57
lution reductions indicated by TMDLs. areas where it is not desirable, and to reduce
Implementation also requires watershed-based impervious surface cover wherever possible.
water quality compliance planning, which the States should take an active role in developing
federal government can encourage by provid- a consensus on growth management, encourag-
ing a complementary suite of incentives for ing urban growth boundaries to protect agricul-
improving water quality and disincentives for ture and environmentally sensitive lands, and
activities that harm water quality. restricting state development funding to desig-
nated growth areas. Congress should make fed-
2. Identify and protect from development eral funding for transportation and development
habitat critical for the functioning of available only to states that comply with the
coastal ecosystems. Clean Water Act and other federal environmen-
Congress should provide a significant, tal laws. Federal grants and loans should be
permanent, and dedicated source of funding required to be used consistent with state and
for habitat protection. Comprehensive habitat- local growth-management efforts.
protection planning by the states is important
to ensure that federal, state, and local funds 4. Redirect government programs and
provide the maximum benefit in protecting subsidies away from harmful coastal
habitat and water quality. The broadest possi- development and toward beneficial
ble array of financial tools and incentives activities, including restoration.
should be made available to government and The Army Corps of Engineers should be
private land-protection efforts. Lastly, strong reformed to ensure that its projects comport
partnerships among all levels of government, with the agency’s missions, are environmental-
private land trusts and foundations, and the ly and economically sound, and reflect
business community are crucial for large-scale national priorities. Congress should transform
habitat protection. the Corps into a strong and reliable force for
environmental restoration, working in partner-
3. Institute effective mechanisms at all levels ship with natural resource management
of government to manage development and agencies. Tax structures should be examined
minimize its impact on coastal ecosystems at all levels of government to ensure that they
and their watersheds. are supporting compact, appropriately sited
Substantial changes in development patterns growth. The National Flood Insurance Program
and practices on private lands are needed. should be reformed by setting premiums that
Municipalities and counties should change reflect the true risk of coastal hazards, phasing
their zoning and subdivision codes to promote out coverage of repetitive loss properties, and
compact growth in areas where it is desirable, denying coverage for new development in
to discourage growth in relatively undeveloped hazardous or environmentally sensitive areas.
58
Chapter Five
CLEANING COASTAL WATERS Getty Images Inc.
THE NATURE OF THE PROBLEM I want my children to grow up unafraid to eat
The images of the Exxon Valdez oil spill in salmon and halibut and other wild foods that are
Prince William Sound, Alaska, in 1989, and the part of our tribal heritage. But the traditional foods
sight of trash washing up with the seaweed on that we gather from the ocean have contaminants.
our favorite beaches are all too familiar. My Aunt Violet points out that we aren’t just eating
What we are less aware of, however, is one contaminant. We eat the whole fish.
the amount of pollution that travels daily from Shawna Larson
Alaska Community Action on Toxics
each of our lawns, vehicle tailpipes, driveways,
Pew Oceans Commission hearing, Anchorage, Alaska, August 15, 2001
and the fields where our food is produced into
our coastal waters. A recent study by the species that live their entire lives far out in the
National Research Council found that the same Pacific are too contaminated with mercury to be
amount of oil released in the Exxon Valdez safe to eat.
spill—10.9 million gallons—washes off our These are the signs of a silent crisis
coastal lands and into the surrounding waters in our oceans.
every eight months (NRC, 2002). The Mississippi Fortunately, we have set a good precedent
River, which drains nearly 40 percent of the for addressing water pollution. In response to
continental United States, carries an estimated public outcry over such environmental calamities
1.5 million metric tons of nitrogen into the Gulf as the burning of the Cuyahoga River in Ohio,
of Mexico each year (Goolsby et al. 1997). Congress passed the Clean Water Act (CWA) in
Overall, the amount of nitrogen released into 1972. The law requires the U.S. Environmental
coastal waters along the Atlantic seaboard and Protection Agency (EPA) to establish national
the Gulf of Mexico from anthropogenic, or technology standards and science-based criteria
human-induced sources, has increased about for water quality protection. The states then con-
fivefold since the preindustrial era (Howarth et trol identifiable sources of pollution by issuing
al., 2000). pollution discharge permits based on these tech-
The consequences of this polluted nology and water quality requirements.
runoff are most acute along the coasts, Efforts resulting from the provisions of the
where more than 13,000 beaches were Clean Water Act have succeeded in removing
closed or under pollution advisories in 2001 the worst pollution from the rivers and lakes that
(NRDC, 2002). Two-thirds of our estuaries and surround us. Some coastal waters, such as those
bays are either moderately or severely degraded off Los Angeles and San Diego, have dramatical-
from eutrophication (Bricker et al., 1999). ly improved. There, inputs of many pollutants
However, pollution’s reach extends far beyond have been reduced by 90 percent or more over a
our major cities. Scientists report that killer 25-year period, leading to the recovery of kelp
whales have higher PCB levels in their blubber beds, fish communities, and certain seabird pop-
than any animal on the planet and that fish ulations (Boesch et al., 2001).
59
toxic drainage from abandoned mines.
The current legal framework is ill
equipped to address this threat. Rather than
confronting individual cases, the situation
requires that we apply new thinking about the
connection between the land and the sea, and
the role watersheds play in providing habitat
and reducing pollution.
One of the major nonpoint pollutants is
Cameron Davidson/Workbookstock.com
nitrogen, a nutrient that encourages plant
growth. Although nitrogen is essential to life, in
excess it can significantly damage and alter
ecosystems. In fact, scientists now believe that
nutrients are the primary pollution threat to liv-
ing marine resources (NRC, 2000). Most nitro-
gen in the oceans arrives from nonpoint
Runoff from a sugar field in central Florida carries nutri-
ent and other chemical pollution into an adjacent ditch. sources, including storm runoff from roads and
Nutrients, particularly nitrogen, flowing from farm fields,
agricultural fields, and airborne nitrogen emitted
streets, and yards across the nation represent the largest
pollution threat to coastal waters. from power plants and car tailpipes.
We have also learned that marine species
But in the 30 years since the Clean
accumulate toxic substances. From single-celled
Water Act was passed, as scientific knowledge
marine life to top ocean predators, including
and experience has improved, the focus of our
humans, toxic substance levels in body tissue
concern has shifted. Although controlling
increase as predators consume contaminated
point sources remains critical, the subtler
prey. In addition, new forms of pollution are
problem of nonpoint sources has moved to the
emerging. Non-native species, introduced by
fore. In our oceans, now, we are experiencing
accident or design, have proliferated to stress
a crisis as great as a burning river. It is a crisis
entire ecosystems, crowding out native species,
we must address through changes in both pol-
altering habitat, and in some instances, intro-
icy and commitment.
ducing disease. And human-generated sound in
Today, nonpoint sources present the great-
the oceans is affecting marine life in ways we
est pollution threat to our oceans and coasts.
are just beginning to understand.
Every acre of farmland and stretch of road in a
Finally, we have not fully dispensed with
watershed is a nonpoint source. Every treated
the problem of point source pollution. Legal
lawn in America contributes toxics and nutrients
loopholes and poor enforcement allow signifi-
to our coasts. Nonpoint pollutants include
cant point sources of pollution to go unregulat-
excess fertilizers and pesticides used in farming,
ed. These include cruise ships, ballast-water dis-
oil and grease from paved surfaces, bacteria and
charge from ships, and concentrated animal
nutrients from livestock manure, and acidic or
60
FIG. ONE
The Eutrophication Process
Lighter, fresher, warmer surface layer
Wind and waves
02 02 02
oxygenate
sur face layer
Pycnocline layer blocks oxygen flow to bottom waters
Nutrients, primarily from
agricultural and urban sources, Organic material, from
are delivered by stormwater runoff sources such as dead or
and atmospheric deposition. Heavier, saltier,
dying algae and plankton,
cooler lower layer
falls to the seafloor and
decomposes.
Art: John Michael Yanson
Mortality
Escape
Oxygen is consumed as
Mobile animals sometimes
organic matter decomposes, leaving
move out of hypoxic areas.
slow-moving or attached animals to suffocate.
Eutrophication is a long-term increase in the supply of organic matter to an ecosystem—often because of excess nutrients.
Eutrophication creates two harmful effects in marine ecosystems: reduced water clarity and oxygen depletion. Reduced water clarity
can starve seagrasses and the algae that live in corals for light, reducing their growth or killing them. While wind and waves aerate sur-
face waters, the pycnocline—a layer of rapid change in water temperature and density—acts as a barrier to oxygen exchange in bottom
waters. Oxygen is consumed in this deep layer as bacteria decompose plankton, dead fish, and other organic matter falling from the
surface. When dissolved oxygen levels reach two milligrams per liter or less—a condition called hypoxia—most slow-moving or attached
animals suffocate, creating areas known as dead zones in the bottom waters.
Source: Boesch et al., 2001; EPA, 2000.
WHEN NUTRIENTS POLLUTE
feeding operations. Animal feeding operations
The immediate cause of the 1991 event
alone produce more than three times the
that killed one million menhaden in North
amount of waste that people do—about 500 mil-
Carolina’s Neuse River was a single-celled
lion tons of manure every year (EPA, 2002a).
creature called Pfiestera piscicida. Known as
Through witness testimony from around
the killer alga, P. piscicida can emit a strong
the country, commissioned papers, and its own
neurotoxin when in the presence of schools of
research, the Commission investigated five types
fish. It feasts on the dead and dying fish,
of pollution—nutrients, toxic substances, cruise
reproduces, and then settles back into the sed-
ship discharges, invasive species, and anthro-
iment. Scientists have found that P. piscicida
pogenic sound. It reviewed the current state of
thrives in coastal waters that are enriched with
our laws and changes necessary to control new
nutrients such as phosphorous and nitrogen.
and overlooked sources of pollution.
61
The Neuse River outbreak was linked by dense they block the light needed by corals and
analyses of the event to nutrients flowing from by submerged vegetation such as seagrasses.
manure lagoons and other agricultural sources Severe light deprivation will kill the plants and
in the watershed. cause corals to expel the algae they host, which
We are degrading the environment along leads to coral bleaching.
our coasts. Nutrient pollution has been linked to After the phytoplankton die and sink to
harmful algal blooms, such as the Pfiestera out- the ocean floor, bacteria decompose them.
break. It has also been linked to dead zones, Decomposition pulls oxygen from the water,
such as the area in the Gulf of Mexico that leaving the remaining plants and animals oxy-
appears annually and has reached the size of gen-starved. Areas with little oxygen, called
Massachusetts (more than 8,000 square miles). hypoxic, are unable to support fish and shrimp
In addition, this pollution results in the loss of populations, and the stress of hypoxia can make
seagrass and kelp beds, destruction of coral them more vulnerable to invasive species, dis-
reefs, and lowered biodiversity in estuaries and ease, and mortality events. In addition to the
coastal habitats (Howarth et al., 2000). The inci- well-known hypoxic dead zone at the mouth of
dence of harmful algal blooms along the United the Mississippi River, hypoxic zones have devel-
States coastlines increased from 200 in the oped in 39 estuaries around the U.S. coast
decade of the 1970s to 700 in the 1990s, and (Bricker et al., 1999).
now includes almost every coastal state in the Of the myriad sources of nutrient pollu-
U.S. (Burke et al., 2000) One bloom off the tion, agriculture is the most significant. Nitrogen
coast of Florida was implicated in the deaths of in fertilizer is easily dissolved in and transported
more than 150 manatees (NOAA, 2002). by water. Animal wastes are also nitrogen rich,
The continued loss of wetlands is further and are generally applied to farmland, where
evidence of this trend in degradation. Wetlands the nitrogen can be washed into water bodies
serve a critical function as natural filters that by rainstorms. Aggravating this problem, tile
remove nutrients before they can reach the sea, drainage systems constructed to collect and
but they are being lost at the rate of approxi- shuttle excess water from fields—particularly
mately 60,000 acres per year (Dahl, 2000). If common in the corn and soybean fields of the
current practices of nutrient input and habitat Midwest—provide an expressway for nitrogen
destruction continue, nitrogen inputs to U.S. flowing into waterways.
coastal waters in 2030 may be 30 percent high- Until recently, atmospheric deposition—
er than at present (Howarth et al., 2002). the settling of airborne pollutants on the land
When too many nutrients—particularly and water—has been an overlooked source of
nitrogen—enter the marine environment, the nitrogen pollution in coastal waters. It is now
result is eutrophication—the overenrichment of clear that it is widespread and quantitatively
the water that stimulates extraordinary growth of important in some regions. Most atmospheric
phytoplankton and attached algae (Figure One, deposition of nitrogen originates as nitrogen
page 61). Phytoplankton blooms can be so oxide emissions from power plants and automo-
62
FIG. TWO
Atmospheric Release, Transport, and Deposition Processes
SSE
AIR
MA
GAS S
LOCAL OR WET
PARTICULATE LONG-DISTANCE
DEPOSITION
TRANSPORT INDIRECT
MATTER
DEPOSITION
CHANGES IN
SOURCES OF POLLUTANTS CHEMICAL/PHYSICAL
FORMS
•Natural Sources •Anthropogenic Sources
DRY
PARTICLE
DEPOSITION
AIR/WATER
GAS EXCHANGE
Art: John Michael Yanson
DIRECT DEPOSITION
S URFACE WAT E R BODY
GR
OU
N D WAT
ER
Atmospheric deposition is the process by which air pollution directly or indirectly finds its way into our lakes, rivers, and—ultimately—
the oceans. Natural and anthropogenic sources of air pollution produce gases (such as oxides of nitrogen and sulfur) and particles
(such as soot, which may contain hydrocarbons, various forms of sulfur and nitrogen, and other pollutants). Particles can settle on their
own on land or in water (dry deposition), or when washed from the atmosphere by precipitation (wet deposition). Particles settling on
land can be resuspended in storm runoff and find their way into water bodies. Gases in the atmosphere are absorbed to varying
degrees by water. They are sometimes absorbed directly across the surface of a water body. Gases are also absorbed by water in the
atmosphere, and eventually precipitation brings them to water bodies.
Source: Boesch et al., 2001; 2003; EPA, 2000.
biles, and ammonia gas released from animal waste to land, which fouls waterways with
wastes (Boesch et al., 2001; Figure Two). runoff, is a significant environmental problem.
In addition to nonpoint sources, there Although they are regulated under the
are major point sources of nutrients, particu- CWA, CAFOs have largely avoided pollution
larly concentrated animal feeding operations restrictions because of exemptions in outdated
(CAFOs). Most animal wastes from CAFOs are regulations and the states’ failure to enforce
stored in open lagoons, which can be larger permitting requirements. Of the approximately
than five and a half football fields and contain 15,500 operations that meet EPA’s definition
20 to 45 million gallons of wastewater (NRDC triggering regulation, less than 30 percent have
and CWN, 2001). If not properly managed, permits, reducing the government’s and the
lagoons can leach nutrients and other sub- public’s ability to monitor and control CAFO-
stances into waterways and overflow during related pollution. EPA recently revised its
rainstorms. The liquid effluent, rich in nitrogen CAFO regulations, which now expressly
and phosphorous, is sprayed onto agricultural require all CAFOs over a certain size to obtain
fields as fertilizer, often at many times the a point source discharge permit. EPA’s new reg-
amount needed for crop growth. On a day-to- ulations require CAFOs to develop a nutrient
day basis, the over-application of animal management plan by 2006, but EPA has not set
63
enforceable standards for these plans, which for food. The Commission focused on three
will be written by the operators and not sub- toxic substances of particular concern: PAHs,
ject to government or public review. In PCBs (polycholorinated biphenyls), and heavy
exchange for developing and implementing a metals like mercury. These substances are both
nutrient management plan, CAFOs are shield- pervasive and persistent. They are decomposed
ed from liability for pollution that is discharged very slowly, if at all, by bacteria, and do not
off the facility’s land application area. leave the marine environment quickly or com-
Regardless of its source, nitrogen has pletely. Although now banned in domestic man-
become one of the most pervasive and harmful ufacture of electrical transformers, plastics,
pollutants in coastal waters. A revitalized pol- paints, and other materials, PCBs are still pres-
lution policy must reflect this understanding. ent in many imported materials and at many
industrial and military sites. Mercury levels are
on the rise in some regions. Nearly 80 percent
TOXIC WATERS
When the Exxon Valdez ran aground in Alaska of the mercury in the marine environment
and spilled its oil cargo in March 1989, scien- arrives as air emissions from coal-fired power
tists, managers, and hundreds of volunteers plants and other combustion sources, some of
rushed to rescue thousands of seabirds and sea them overseas (Heintz et al., 1999).
otters. They picked the birds off soiled beaches Landfills, urban runoff, ocean dumpsites,
and attempted to clean their plumage before the ocean vessels, and the burning of fossil fuels are
birds lost their ability to float and to stay warm. just a few of the pathways that bring toxic sub-
In the end, some 30,000 seabirds perished as stances to the oceans.
well as 1,000 or more sea otters, and untold Toxic compounds enter marine food
numbers of fish. Congress has since passed the chains either directly from the water or from
Oil Pollution Act to reduce the risk of similar concentrated deposits in sediments.
tanker accidents. Organisms accumulate toxic substances in
New evidence strongly suggests that com- their tissues, where they may be passed up the
ponents of crude oil, called polycyclic aromatic food chain. Some of these compounds are
hydrocarbons (PAHs), persist in the marine envi- concentrated at each step in the chain. The
ronment for years and are toxic to marine life at ocean’s top predatory fish and marine mam-
concentrations in the low parts-per-billion range mals therefore often have the highest concen-
(Carls et al., 1999). Chronic exposure to PAHs trations of toxic compounds in their bodies.
can affect development, increase susceptibility Killer whales, walruses, and tuna are among
to disease, and jeopardize normal reproductive those most contaminated.
cycles in many marine species. Accumulated toxic substances disrupt
PAHs represent just one class of toxic hormone cycles, cause birth defects, suppress
substances that threaten the health of marine the immune system, and cause disorders
species and of humans who depend upon them resulting in cancer, tumors, and genetic abnor-
64
malities. In some instances, accumulated toxic CWA, no ambient air quality standards for
substances can even cause death in marine ani- mercury under the Clean Air Act (CAA), no
mals (MMC, 1999). systematic monitoring of toxics levels in most
The contamination of certain commercial species consumed by humans, and there is
species may pose particular problems insufficient effort to clean up toxic contami-
for humans. Recent studies sponsored by nants in sensitive marine environments. These
The Mobile Register indicated that the presence policy shortcomings should be addressed
of methylmercury (the bio-available form of without delay.
mercury, and the form most prevalent in fish) in
several species of fish in the Gulf of Mexico, CRUISE SHIPS
including ling, amberjack, and redfish, may be Cruise ships can offer spectacular views and
so great that Food and Drug Administration unparalleled wildlife experiences. For many
standards would prohibit selling them to the Americans, cruises provide their only expo-
public. In 2001, of the 2,618 fish advisories sure to the oceans and marine wildlife, and
issued in U.S. waters, almost 75 percent were the popularity of this activity is increasing. In
for mercury contamination (EPA, 2002b). In
Alaska and other polar regions, the evidence of
correlation between increased toxic loads and
declining health in humans and animals alike is
mounting (AMAP, 2002).
The Arctic and Antarctic are hard hit by
certain persistent toxics, especially heavy met-
als and organochlorines, which include PCBs,
due to the peculiar mechanisms by which
these compounds are preferentially transport-
ed to the polar regions. Airborne toxics are
repeatedly deposited and volatilized as they
are swept by atmospheric circulation from
their points of origin toward the polar regions.
This process is known as the grasshopper
effect because the substances “hop” from their
Joel W. Rogers
sources to their ultimate repositories in the
polar marine environment.
Not enough is being done to address
Cruise ships with as many as 5,000 passengers visit
the dangers that toxic substances pose to some of our most spectacular coastal destinations.
Sewage and other waste discharges from these floating
marine species and to humans. There are no
cities can have significant impacts on marine life and
water quality standards for PAHs under the the environment.
65
recent years the cruise ship industry has human pathogens, nutrients, and hazardous
grown at an average annual rate of eight per- substances directly to the marine environment.
cent, and expansion continues. In 2001, the The wastewater pollution from these ships is
North American cruise industry set a record compounded by air pollution from burning trash
when it carried 8.4 million passengers. In San and fuel emissions that enter the marine envi-
Francisco Bay, a new cruise terminal is ronment via atmospheric deposition.
expected to more than double the number of Despite the fact that cruise ships
ship visits per year. Cruise ships make frequent discharge waste from a single source, they
stops in Florida, the Caribbean, along the are exempted from regulation under the CWA
West Coast, Maine, and Alaska. point source permitting system.
While taking a cruise can provide an The CWA allows the discharge of
invaluable experience for passengers, cruise untreated black water anywhere beyond three
ships can pose a particular risk to the very miles from shore, and does not require any
environments they seek to explore. With as treatment of gray or ballast water. Only in
many as 5,000 people onboard, a cruise ship Alaskan waters are cruise ships required to
is akin to a floating city, where people go meet federal effluent standards; treat gray
about many of the same activities as they do water discharges; and monitor, record, and
at home: showering, cleaning, cooking. In report discharges to state and federal authori-
addition, cruise ships offer such amenities as ties. In addition, the CWA authorizes the U.S.
photo developing, hairdressing, and dry Coast Guard to inspect the discharge logs and
cleaning. The waste from these activities, pollution control equipment aboard ships.
however, is not regulated like waste produced However, Coast Guard officers are not
from cities. required to test discharges for compliance.
In one week, a typical cruise ship The CWA and the Act to Prevent
generates 210,000 gallons of black water Pollution from Ships together regulate bilge
(sewage), 1,000,000 gallons of gray water water, which must be run through an oil-
(shower, sink, dishwashing water), 37,000 water separator before it is discharged. The
gallons of oily bilge water, more than eight tons National Invasive Species Act encourages all
of solid waste, millions of gallons of ballast oceangoing vessels to exchange ballast water
water containing potential invasive species, and but does not require them to do so. The air
toxic wastes from dry cleaning and photo emissions from ships are covered under the
processing laboratories* (Royal Caribbean CAA amendments of 1990, but the EPA has
Cruises Ltd., 1998; Eley, 2000; Holland yet to impose regulations.
America, 2002). This effluent, when discharged In short, the legal regime that covers
untreated—as too often happens—delivers cruise ships is complex but not comprehen-
*Based on a 3,000-passenger cruise ship and EPA estimates of per capita waste generation.
66
sive. Unless we take greater steps to control
discharges and reduce pollution, we will con-
tinue to harm the very places we love to visit.
INVASIVE SPECIES
Invasive species—non-native species whose
introduction harms or is likely to harm the
environment, economy, or human health—
present one of the most significant threats to
biodiversity and healthy ecosystems (GISP,
2002). Once introduced, they have the poten-
tial to establish themselves alongside, or in
place of, existing species. They can compete
with native species for prey and habitat, facili-
tate the spread of diseases, introduce new
genetic material, and even alter landscapes.
Invasive species can impede endangered
Ron Silva
species conservation and restoration efforts. In
the marine environment, some compete with
Invasive species, such as these Chinese mitten crabs, represent
commercially significant fish species for food
one of the greatest threats to biodiversity. Invasive species com-
and habitat, or they clog nets and eat bait. On pete with native species for prey and habitat, and are responsible
for about 137 billion dollars in lost revenue and management costs
land and in the sea, invasive species are
in the U.S. each year.
responsible for about 137 billion dollars in
port and discharged in another. Every day,
lost revenue and management costs in the
some 7,000 species are transported around
U.S. each year (Pimentel et al., 1999).
the world via ballast water (Carlton, 2001).
Invasive species are hard to identify and
Another important vector is aquaculture.
eradicate before they take hold in an ecosys-
Species such as Atlantic salmon, grown on the
tem, which can occur remarkably quickly. For
western coasts of the U.S. and Canada, act as
example, every 14 weeks, a new invasive
invasive species if they escape or are released
species is discovered in the San Francisco Bay
unintentionally from aquaculture facilities into
(Cohen and Carlton, 1998).
the surrounding waters. Once in the wild, they
Ballast water is the primary vector for
can compete with native species for food, shel-
the release of invasive species into marine
ter, and other resources, as well as spread dis-
waters (Carlton, 2001). Ballast water—and all
ease. In some cases, species raised for aquacul-
the living creatures contained within it—is
ture may interbreed with native species, poten-
pumped into and out of oceangoing vessels
tially threatening the viability of native stocks.
for stabilization. Often it is taken up in one
67
Other vectors include the home aquari- In an increasingly global economy, all
um industry, ship hulls, oil platforms, and this mobility represents a serious threat to the
marine debris. Invasive species arrive in sea- health of living marine resources.
weed used to pack live bait and via the pet Our laws are not equipped to deal with
trade industry. They also reach U.S. waters as these threats. Biological pollution by invasive
live food imports. The Internet has significantly species is the focus of the National Invasive
aided the introduction of new species. Today, Species Act of 1996 (NISA). However, under the
consumers need only a credit card, access to a NISA structure, invasive species are managed on
computer, and a delivery address to purchase a case-by-case, crisis-by-crisis basis, and the
marine life for food, for use as bait, or as pets. national focus is on terrestrial invasive species.
BOX ONE Steve Simonsen/Marine Scenes
INVADING SEAWEED
A green alga known as Caulerpa taxifolia—native to fying patches of the seaweed. They covered the patch-
tropical waters of the world—became popular as a es with heavy plastic tarps to contain the seaweed and
decorative plant in saltwater aquariums after a fast- injected chlorine under the tarps—a treatment that
growing, cold-tolerant strain of the species was cul- killed not only C. taxifolia but also everything else
tured. If released into the wild, this seaweed can pro- under the tarps.
liferate, carpeting the ocean floor and crowding out
native species that provide food and shelter within the Eradication efforts appear to have been effective.
ecosystem. It is unpalatable to most fish because of a A survey in the fall of 2002 found no trace of the
toxin it contains. A piece as small as one centimeter seaweed, but scientists caution that it could
can grow into an infestation. reappear when summer brings increased sunlight
and warmer waters.
In the early 1980s, C. taxifolia was introduced into the
Mediterranean Sea. By 2001, it had spread across more Intensive media coverage of the Carlsbad invasion led
than 30,000 acres of the seafloor, displacing native to the discovery of a second infestation in Huntington
communities in its path. Scientists believe the alga is Harbour, near Los Angeles. Biologists are treating this
so widespread in the Mediterranean Sea that eradica- invasion in a similar manner with equally encouraging
tion is no longer a possibility. results. Scientists hope that the rapid response to this
threat will prevent an invasion like the one in the
In June 2000, two divers in California discovered C. tax- Mediterranean Sea. Two invasions of the alien sea-
ifolia in native seagrass beds in a coastal lagoon in weed have also occurred in Australia.
Carlsbad. They reported their discovery to an algal
expert, who alerted government authorities. Scientists The experience with C. taxifolia in the U.S.
suspect the seaweed was inadvertently released into a demonstrates the merits of prevention to avoid
lagoon from a home aquarium. the uncertainties and costs of eradication. So far,
nearly 2 million dollars have been spent to fight the
A rapid response team was formed, and an effort to California invasion. In January 2003, California
eradicate the invading seaweed was mobilized within a approved an additional 1.3-million-dollar grant for
few days. Biologists surveyed the infested areas, identi- further eradication efforts.
68
To the extent that NISA addresses such inconsistency, neighboring states could
marine species, it does so almost exclusively simultaneously be working to promote and
in the context of ballast-water discharges, eradicate the same species, and one agency’s
despite the existence of many other vectors. food list could be another agency’s most want-
Ballast-water exchange (BWE) is a procedure ed list of invaders. The lack of regulatory clari-
in which ships in the open ocean dump bal- ty was brought home by the discovery of the
last water taken aboard in foreign ports. Its invasive snakehead fish in a Maryland pond.
purpose is to lessen the chance of introducing Federal regulations did not prohibit the impor-
coastal invasive species into potentially hos- tation or interstate transportation of this Asian
pitable habitats in destination ports. However, fish and state law provided only a mild penalty
BWE does not always dislodge species and it for release of the fish, for which the statute of
does not apply to coastwise travel, which can limitations had expired. Furthermore, state
also allow species to be transported to new managers had no clear legal authority to eradi-
environments. Additionally, BWE is not cate the population that had established itself.
mandatory under NISA. Although the U.S. This type of confusion results in invasive
Coast Guard is required to check ship logs to species—literally—slipping through the regula-
determine whether an exchange occurred, it is tory cracks and getting into the environment
not required to check the ballast tanks. without anyone noticing.
Current guidelines encourage ship operators to
report voluntary exchange, but compliance SOUND
with this minimal requirement is weak. The use of anthropogenic sound as a tool in
There is little law focusing on other the ocean has become enormously valuable
vectors of invasive species. For example, there for scientists, engineers, fishermen, and the
is no uniform regime in place to track live military. It allows fishermen to locate schools
imports either entering or traveling around the of fish and to keep predators from raiding or
country. There is no systematic process for becoming entangled in their nets. The use of
determining which management approach sound also helps mariners detect icebergs
is best when a species is found, no central and other obstructions, biologists study
source of information for researching species, behavior changes in marine species,
and no dedicated source of funding to control oceanographers map the bottom of the ocean
invasive species. For species like the destruc- floor, geologists find oil and gas, climatolo-
tive seaweed, Caulerpa taxifolia, which grows gists research global climate change, and the
as much as three inches a day, any delay in U.S. Navy detect submarines.
response could have severe environmental Many marine species, including marine
and economic ramifications (Box One). mammals, turtles, and fish, also rely on sound.
Currently, agencies at different levels of They use vocalizations and their ability to
government report commodities using a differ- hear to detect predators, prey, and each other.
ent nomenclature and verification system. With In the oceans, as on land, sound is essential
69
for communication. sity and frequency, and thus can have varied
Anthropogenic sound in the ocean is on effects on species. Sounds in the same frequen-
the rise, mainly due to increased vessel traffic. cy ranges used by marine species can mask
Coastal development is bringing more pleas- acoustic communication among animals and
ure craft, and globalization and international interfere with detection of prey and predators.
trade require more commercial vessels. In High-intensity sounds can cause pain and, in
addition, the navies of the United States and some circumstances, tissue and organ damage.
other nations are increasingly using active If the pressure resulting from the sound is
sonar systems to patrol coastal waters for intense enough, the animal can experience
enemy submarines. Meanwhile, oil and gas internal bleeding and subsequent death.
operations on the outer continental shelf are A mass stranding of whales in 2000
expected to spread into deeper waters. heightened concerns about the effects of
Climate change, too, may have a significant sound in the oceans. In March of that year, at
effect on sound levels in the ocean. Not only least 17 whales were stranded on beaches in
does sound travel faster in warmer water, but the northern Bahama Islands. Most of the ani-
also rising temperatures and melting ice at the mals were alive when they stranded and eight
poles may open new shipping channels in of them were returned to the sea. The other
areas that have previously experienced little nine animals died; pathology reports revealed
vessel traffic. bruising and internal organ damage. The
Sound sources differ in both their inten- stranding occurred about the time that ten
U.S. Navy vessels were operating their mid-
frequency sonar systems nearby. Investigations
conducted cooperatively by the Navy and the
National Marine Fisheries Service suggested
that the sonar transmissions were a critical
factor in the strandings (NOAA, 2001).
Low-intensity sounds can disrupt behav-
ior and cause hearing loss, ultimately affecting
longevity, growth, and reproduction. Frequent
or chronic exposure to both high- and low-
intensity sounds may cause stress, which
Tim Aylen/Vision Media
human and terrestrial animal studies indicate
can affect growth, reproduction, and ability to
resist disease. Impulse sounds, such as those
produced by explosions and seismic air guns,
Local children examine a whale stranded in the northern Bahama Islands in
2000. During March, at least 17 whales beached themselves subsequent to
may damage or destroy plankton, including
Navy sonar operations nearby. Investigations suggested that the sonar trans-
fish eggs and larvae, as well as damage or
missions were a critical factor in the strandings.
70
destroy tissues and organs in higher verte- SUMMARY OF RECOMMENDATIONS
brates (Hastings et al., 1996; Gisiner, 1999). 1. Revise, strengthen, and redirect pollution
The Marine Mammal Protection Act laws to focus on nonpoint source pollution
(MMPA), Endangered Species Act (ESA), and on a watershed basis.
the National Environmental Policy Act (NEPA) EPA and the states should establish water qual-
all provide legal mechanisms for addressing ity standards for nutrients, especially nitrogen,
sound. However, the MMPA and ESA apply as quickly as possible. EPA and the states
only to marine mammals and endangered should also ensure that water quality standards
species, and are only capable of protecting are in place for other pollutants—such as
individuals from particular sound-related proj- PAHs, PCBs, and heavy metals such as mercu-
ects, such as drilling operations or sonar activ- ry—where these are identified as problematic
ities. In addition, the federal government has on a watershed-by-watershed basis. Congress
recently proposed to exempt certain activities should amend the Clean Water Act to require
from environmental review under NEPA. the use of best management practices to con-
Because review under these statutes is trig- trol polluted runoff resulting from agriculture
gered only on a case-by-case basis and does and development. Congress and the executive
not effectively address cumulative impacts on branch should provide substantial financial
marine ecosystems, underwater sound as a and technical support for the adoption of such
source of potentially significant pollution in practices. Congress should link the receipt of
the marine environment has not received agricultural and other federal subsidies to
comprehensive treatment. A new policy frame- compliance with the Clean Water Act.
work is needed to adequately address this Finally, Congress and the Environmental
emerging pollution concern. Protection Agency should ensure that air
emissions of nitrogen compounds, mercury,
and other pollutants are reduced to levels that
ACTION TO REDUCE MARINE POLLUTION
For too long our oceans have been dumping will result in a substantial reduction of their
grounds. Within U.S. waters, ecosystems are impact on marine ecosystems.
subjected to insults from nonpoint, unregulat-
ed point, and nontraditional types of pollution 2. Address unabated point sources
from both land- and ocean-based sources. of pollution.
Nutrients, toxics, cruise ship discharges, Concentrated animal feeding operations should
acoustic and biological pollution, and invasive be brought into compliance with existing provi-
species all harm marine ecosystems, and the sions in the CWA. Congress should enact legis-
legal regimes in place do not match the nature lation that regulates wastewater discharges from
of today’s pollution threats. For each of these cruise ships under the CWA by establishing
pollution sources, policy changes can and uniform minimum standards for discharges in
should be made as quickly as possible. all state waters and prohibiting discharges with-
71
in the U.S. Exclusive Economic Zone that do of sound sources on living marine resources
not meet effluent standards. Congress should and ecosystems. Consideration should be
amend NISA to require ballast-water treatment given to requiring the utilization of best-
for all vessels that travel in U.S. waters, and available control technologies, where the
regulate ballast-water discharge through a generation of sound has potential adverse
permitting system under the CWA. Finally, the effects. Finally, the environmental ramifica-
International Maritime Organization draft tions of any sound-producing project should
convention on ballast-water management be taken into formal consideration—pursuant
should be finalized and its provisions imple- to NEPA or other applicable statutes—at the
mented through appropriate U.S. laws. planning stages of the project, before signifi-
cant resources, time, and money have been
3. Create a flexible framework to address devoted to its development.
emerging and nontraditional sources
of pollution. 4. Strengthen control of toxic pollutants.
A national electronic permitting system should The U.S. should ratify the Stockholm
be created under NISA to facilitate communi- Convention on Persistent Organic Pollutants
cation and track imports of live species that (POPs), and implement federal legislation that
may result in aquatic introductions. Each state allows for additions to the list of the “dirty
should inventory existing species and their dozen” chemicals. In concert with this effort,
historical abundance, in conjunction with EPA should develop and lead a comprehensive
the development of the regional ocean monitoring program to quantify levels of partic-
governance plans under the National Ocean ular toxic substances in designated ocean habi-
Policy Act. Congress should provide adequate tats and species, and sufficient resources should
funding for developing statewide invasive- be devoted to studying the effects of toxics on
species management plans that include marine species. This monitoring program
provisions for inventorying, monitoring, and should be coordinated with Food and Drug
rapid response. With regard to sound, a com- Administration and EPA seafood contaminant
prehensive research and monitoring program advisory efforts, so that people know where
should be developed to determine the effects their seafood comes from and what it contains.
72
Chapter Six
GUIDING SUSTAINABLE MARINE AQUACULTURE
Farm-raised oysters, Eliot, Maine
Laura Stadig, Spinney Creek Shellfish, Inc.
A new industry is taking shape along our …aquaculture is here to stay; the challenge is to
shores. Aquaculture—the farming of fish, ensure the young and growing industry develops
shellfish, or aquatic plants—has grown rapidly in a sustainable manner and does not cause
over the past several decades, and that growth serious ecological damage.
is accelerating. Today, some 4,000 aquaculture Rebecca J. Goldburg and others, 2001
Marine Aquaculture in the United States: Environmental
enterprises in the United States, most of them
Impacts and Policy Options
small to mid-size, supply Americans with
may pose biological risks to wild populations.
Atlantic salmon, hard clams, oysters, shrimp,
Improper facility design, siting, and operation
and nearly all the catfish and trout we eat.
can reduce water quality, damage the physical
As the industry matures, it holds both great
habitat, and harm wild populations in a vari-
promise and great risk.
ety of ways. Different species and production
It holds great promise because demand
systems present different challenges and risks,
for seafood is rising, yet the total global wild
complicating management.
fisheries catch has leveled out since the mid-
This combination of promise and risk
1990s as fish stocks have become depleted. In
has made marine aquaculture an important
the U.S., 30 percent of the known wild fishery
focus of the Commission’s work. Because the
stocks are already overfished or in the process
aquaculture industry is still young and rela-
of being depleted through overfishing.
tively small, there is time and opportunity for
Aquaculture represents another source of
it to develop in an ecologically sound way. If
seafood to boost the fish supply. Although the
we are to prevent, minimize, and mitigate the
majority of aquaculture operations raise fresh-
risks, we must develop a coherent policy
water species, our work focused on marine
framework for the industry.
species. Some forms of aquaculture, such as
mollusk farming, may aid the environment.
PROFILE OF AN INDUSTRY
Because mollusks, such as clams and oysters,
Aquaculture began on a small scale, thou-
filter large volumes of water, they can help to
sands of years ago, as an ancient form of
restore marine ecosystems polluted with nutri-
animal husbandry. Today, one-third of the fish
ents and an overabundance of phytoplankton.
products entering global markets are farm
The industry is also a source of new jobs.
raised. The United States ranks eleventh in
During a site visit in Florida, the Commission
worldwide aquaculture production (just over
learned about a job-retraining program that
one percent), farming roughly one billion
redirects displaced gillnet fishermen into hard
pounds of aquatic species, mostly freshwater
clam aquaculture.
species such as catfish, valued at nearly one
But despite this promise, marine aqua-
billion dollars in 1998. However, the U.S.
culture poses significant risks (Figure One,
ranks third in national consumption of seafood.
page 74). Farmed fish that escape their pens
73
FIG. ONE
Environmental Risks of Marine Aquaculture
PREDATOR CONTROL PROGRAM INTRODUCTION OF
animals targeted to control NON-NATIVE SPECIES DRUGS
predation of farmed fish for example, antibiotics
Atlantic salmon eggs hormones
(seed stock) from Europe anesthetics
pigments
vitamins
FISH MEAL AND FISH OIL
made from oily fish, such as
anchovies and mackrel HERBICIDES
controls algae growth
on netpens
MORTALITY
INCUBATION
OF LOCAL
DISEASES
caused by a high
concentration
GENETICALLY MODIFIED ESCAPE OF
of fish
ORGANISMS NON-NATIVE
(GMOs) SPECIES
NEW DISEASES
compete with native fish for food and habitat
AND PARASITES
introduced by seed stock
Art: John Michael Yanson
FISH SEWAGE
contains uneaten food, waste products, disease, and pathogens
Like other forms of animal production, aquaculture can lead to environmental degradation. Non-native and genetically modified species
that escape from netpens may compete with native species or contaminate the native gene pool. Large concentrations of fish in aqua-
culture facilities may incubate diseases and parasites and introduce them into surrounding ecosystems. The use of large quantities of
wild-caught fish to feed carnivorous farmed species, such as salmon and shrimp, places additional stress on wild fisheries. Uneaten
food, fish waste, and dead fish can contaminate waters near aquaculture facilities. Antibiotics, pesticides, hormones, and other chemi-
cals used to improve production may have harmful effects in surrounding ecosystems. Lastly, the physical presence of aquaculture facil-
ities alters natural habitat and attracts predators, such as marine mammals, which can be entangled in netpens or harmed by intention-
al harassment techniques.
Source: Goldburg et al., 2001; art adapted from the David Suzuki Foundation, 1996.
74
FIG. TWO
1998 U.S. Aquaculture Production
Value of Prominent Farmed Marine Animal by Key-Producing States
The major marine animals farmed in the United States are salmon, clams, oysters, and shrimp. The 1998 production of these
organisms is recorded here as the value of the farmed product in millions of dollars.
MAINE
64.1 WASHINGTON
CONNECTICUT VIRGINIA FLORIDA
MILLION STATE
12 11 9.5
DOLLARS
12.1 MILLION MILLION MILLION
DOLLARS *
MILLION
DOLLARS DOLLARS
DOLLARS
WASHINGTON
STATE
30
MILLION
DOLLARS*
HAWAII TEXAS
1.7 8.4
WASHINGTON OREGON CALIFORNIA MASSACHUSETTS
STATE MILLION MILLION
1.9 1.3 1.1
14.1 DOLLARS DOLLARS
MILLION MILLION MILLION
MILLION DOLLARS DOLLARS DOLLARS
DOLLARS
Art: John Michael Yanson
*Estimated; exact figures are not available due to confidential data.
Thus, our appetite for seafood relies on high other species has been limited by the lack of
levels of imports—much of which are farmed available high-quality coastal sites.
by nations with less rigorous environmental Aquaculture operations need large areas with
standards—to meet demand. access to unpolluted water. The crowded and
In the United States and other developed contested nature of our coasts precludes fish-
countries, where farmed salmon and shrimp farming in many areas.
sell for a high price, aquaculture is a profitable The open seas are a different matter.
business. The U.S. industry grows nearly 30 Private and government interests are encour-
marine species, but just four—Atlantic salmon, aging development of an offshore aquaculture
hard clams, oysters, and shrimp—contribute industry in the U.S. Exclusive Economic Zone
roughly one-quarter of the total U.S. aquacul- (EEZ), from 3 to 200 miles out to sea. The
ture harvest (Figure Two). Salmon and clam Department of Commerce’s aquaculture policy
production have increased most rapidly within calls for a fivefold increase in aquaculture
the last several decades. Growth in farming production by 2025, and the open oceans
75
figure prominently in this call. farm in Maine. The escapees far outnumber
The aquaculture industry is therefore the few wild salmon—only 75 to 110 adults in
poised for a major expansion. Before this 2000—that still return to spawn in Maine
expansion occurs, it is essential that govern- rivers (NRC, 2002).
ment and industry address the risks that come Fish farms can also serve as incubators
with aquaculture. for disease, which can infect wild populations.
Infectious salmon anemia (ISA), a virulent and
deadly disease, was found in farm-raised
RISK TO WILD POPULATIONS
Since 1986, nearly one million non-native Atlantic salmon along the Maritime Provinces
Atlantic salmon have escaped from fish farms of Canada in the mid-1990s. Although many
in the Pacific Northwest and have established anticipated its spread into U.S. waters, nothing
breeding populations in wild rivers. It is bio- was done to prevent it. As a result, the disease
logical pollution—the escape of farmed appeared in Maine in 2001. In January 2002,
species and their parasites and pathogens into the Maine Department of Marine Resources
the environment. This phenomenon represents and the U.S. Department of Agriculture
the most significant threat posed by aquacul- ordered the eradication of 1.5 million salmon
ture to wild marine populations. Most marine located in seven facilities in Cobscook Bay
aquaculture operations inadequately separate that were infected with, or exposed to, ISA.
cultured fish and their diseases from surround- The cost to the American public was 16.4 mil-
ing seas, making such escapes and contamina- lion dollars in federal assistance.
tion inevitable. Another looming issue in marine aqua-
Once released into an ecosystem, non- culture is the proposed use of genetically
native species are extremely difficult to con- modified organisms, which represent another
trol or eradicate, and often become perma- potential source of biological pollution.
nently established, threatening native species Although no transgenic fish products are com-
and entire ecosystems (Carlton, 2001). Non- mercially available in the United States, at least
native escapees from fish farms can compete one company has applied for permission to
with wild stocks for food, habitat, and spawn- market the first engineered animal for human
ing grounds (Myrick, 2002; Stickney and consumption: a farmed Atlantic salmon.
McVey, 2002). Interbreeding may change the Using genetic material inserted from
genetic makeup of wild fish and decrease Coho salmon and ocean pout, the altered
their survivability. salmon grows rapidly, allowing it to hit the
These concerns are especially important market sooner at a reduced cost to growers.
where remaining wild populations, such as Transgenic species may act like invasive
wild salmon in Maine and the Pacific species if introduced into the wild. Scientists
Northwest, are already endangered. For are concerned about the potential for compe-
instance, a storm in December 2000 resulted tition between escaped transgenic fish and
in the escape of 100,000 salmon from a single wild stocks. In addition, they fear that trans-
76
genic fish may introduce and spread modified
genes throughout wild populations, and ulti-
mately modify the wild gene pool (Hedrick,
2001; NRC, 2002). The ramifications of such
irreversible changes are unknown.
Fish farms depend on pelleted fish feed
to meet the dietary requirements of carnivo-
rous species such as salmon and shrimp. Feeds
typically contain fish meal and fish oil from
wild-caught fish, such as anchovies and mack-
erel. Scientists estimate that producing one
pound of farmed shrimp or salmon requires
more than twice that amount of wild-caught
fish. Large catches of these fish strain ecosys-
tems. This problem will increase if the demand
for feed products grows with the expansion of
the aquaculture industry. Research to develop
feed substitutes for fish meal, such as use of
Dean Abramson
soybean oil, is making progress (Naylor et al.,
2000; Goldburg et al., 2001).
This nearshore salmon aquaculture facility in Lubec, Maine, is among some
RISK TO WATER QUALITY 4,000 aquaculture enterprises in the United States. These seafood farms grow
hard clams, oysters, shrimp, catfish, trout, and salmon.
Water flows freely over cultivated shellfish
operations. Effluents vary based on the type of
beds and through the mesh netpens on finfish
aquaculture. However, they can include not
farms, spreading farm by-products into the
only nutrients from uneaten feed and waste
surrounding environment. Nutrient loading
products, but also antibiotics, herbicides,
from aquaculture can be significant on a local
hormones, anesthetics, pigments, minerals,
scale. A salmon farm of 200,000 fish releases
and vitamins (Goldburg et al., 2001). The
an amount of nitrogen, phosphorus, and fecal
containment of drugs in aquaculture is more
matter roughly equivalent to the nutrient waste
complicated than in terrestrial livestock opera-
in the untreated sewage from 20,000, 25,000,
tions because drugs typically must be adminis-
and 65,000 people respectively (Hardy, 2000).
tered in water, often as components of fish
Although the Clean Water Act regulates
feed. Therefore, the drugs are directly intro-
the discharge of these kinds and volumes of
duced into the surrounding environment.
wastes from other sources, including city
In certain cases, effluents from fish
sewage systems and concentrated animal
farms may alter the ecosystem by changing
feeding operations (CAFOs), the act’s provi-
the physical and chemical environment. These
sions have not been applied to aquaculture
77
changes affect the composition of species aquaculture farther out to sea in the U.S.
residing beneath netpens or downstream from EEZ—the area with the greatest potential for
facilities (NRC, 1992). expansion. Jurisdiction is divided among a
Just the physical presence of aquaculture number of agencies: The Army Corps of
facilities can disrupt and modify natural habi- Engineers presides over navigable water; the
tats (Goldburg et al., 2001). For example, poor EPA over pollution; the U.S. Fish and Wildlife
siting of aquaculture facilities can obstruct Service over interactions with birds; NOAA
wildlife use of natural surroundings. over fisheries; and the Fish and Wildlife
Service and NMFS split jurisdiction over
marine mammals and endangered species.
THE ROAD AHEAD
The Commission reviewed the development Even where its jurisdiction is clear,
of other marine industries for guidance in the federal government has been slow to
aquaculture. In 1976, Congress passed the provide the necessary guidance to ensure the
Fishery Conservation and Management Act sustainability of aquaculture. The EPA only
(also known as the Magnuson-Stevens Act, or began work on effluent guidelines, required
MSA), a federal law that promoted the devel- under the Clean Water Act, as the result of
opment of the U.S. commercial fishing indus- a lawsuit, and has not yet developed water-
try. However, it provided insufficient protec- quality standards for federal waters. The Army
tion for marine ecosystems. Twenty years later, Corps of Engineers grants permits for aquacul-
when Congress was faced with a crisis in ture sites on a case-by-case basis under
marine fisheries, it passed the Sustainable the Rivers and Harbors Act. However, that
Fisheries Act to begin correcting this oversight. act lacks clear environmental standards.
Today, U.S. fisheries remain in crisis, with Although underway, guidance for the use
extensive closures in formerly major fisheries. and marketing of genetically modified
Marine aquaculture may be able to avoid the organisms is also lacking.
same fate as wild-capture fisheries, but only if The majority of laws and regulations
change begins today. that authorize, permit, or control marine
We have no comprehensive government aquaculture are found at the state level
oversight to minimize ecological harm caused because most facilities are located in
by marine aquaculture. This leaves us ill nearshore, state-managed waters. Few states,
prepared for the industry’s planned fivefold however, have a comprehensive regulatory
expansion. Like the MSA before it, the National plan for marine aquaculture. Notable excep-
Aquaculture Act of 1980 and subsequent tions are Maine, Hawaii, and Florida. There is
amendments promote industry development no formal coordination of coastal aquaculture
without sufficient environmental safeguards. activity among states within a region, yet
Nor do we have a federal framework to aquaculture practices in one state can affect
govern the leasing and development of marine another state’s marine resources.
78
This complex and ineffective mix of ecosystems and provides international leader-
federal and state authority over marine ship by promoting sustainable aquaculture
aquaculture is confusing, difficult for all practices worldwide.
parties—including aquaculturists—to
navigate, and fails to adequately protect SUMMARY OF RECOMMENDATIONS
marine ecosystems. 1. Implement a new national marine aqua-
As a leading importer and consumer of culture policy based on sound conservation
seafood, the United States is in a position to principles and standards.
provide leadership on the international stage, Congress should enact legislation to regulate
encouraging sustainable marine aquaculture marine aquaculture pursuant to sound
practices in other countries. A recent World conservation and management principles.
Trade Organization decision upheld the U.S. The legislation should establish national
prohibition of shrimp imports that are harvest- standards and comprehensive permitting
ed without the use of equipment to protect sea authority for the siting, design, and operation
turtles—a requirement that applies to U.S. of ecologically sustainable marine aquaculture
shrimp fishermen. The U.S. could use this facilities. The lead authority for marine
model to negotiate trade agreements that aquaculture should reside in the proposed
encourage sustainable marine aquaculture national oceans agency or the National
practices—a position that would be strength- Oceanic and Atmospheric Administration.
ened by the adoption of appropriate aquacul- Until national marine aquaculture
ture management measures for U.S. waters. standards and policy are established, the
Over the past several years, a growing administration or Congress should place
body of literature has documented the impacts a moratorium on the expansion of marine
of aquaculture on the environment (Costa- finfish farms. Likewise, until an adequate
Pierce, 2002). Federal agencies are actively regulatory review process is established, the
developing programs to control effluents (EPA, government should place a moratorium on
2000) and to guide offshore aquaculture the use of genetically engineered marine or
development (DOC, 2000). The United anadromous species.
Nations Food and Agriculture Organization
developed Codes of Conduct for Responsible 2. Provide international leadership for
Fishing, which include guidance for aquacul- sustainable marine aquaculture practices.
ture development. The United States should negotiate and
The time is pivotal to provide the guid- work with other nations to establish environ-
ance and tools for this industry to grow in an mental provisions in international trade
ecologically sustainable fashion. The U.S. agreements to encourage ecologically sustain-
should develop a proactive national marine able marine aquaculture practices in the
aquaculture policy that protects marine international community.
79
Chapter Seven
BEYOND OUR BORDERS
Bluefin tuna, Baja California
Richard Herrmann
Let us be good stewards of the Earth we inherited. All of us in South Africa, which called for important
have to share the Earth’s fragile ecosystems and precious steps to be taken by all nations to protect
resources, and each of us has a role to play in preserving the world’s oceans. A Plan of Implementation
them. If we are to go on living together on this Earth, we was agreed upon that calls for the elimination of
must all be responsible for it. destructive fishing practices and subsidies that
Kofi A. Annan
promote illegal fishing and overcapacity, the
Secretary-General of the United Nations
An excerpt from Mr. Annan’s 2001 message for World Environment Day, a establishment of marine protected areas and
worldwide annual celebration that recognizes the commencement of the
sustainable fishing limits, reduction of pollution
United Nations Conference on the Human Environment.
and environmental damage caused by ships,
All life depends on healthy ecosystems. As the and increased monitoring and use of environ-
human population soars toward 8 billion, we mental impact assessments.
are placing an increasing and unsustainable The Pew Oceans Commission, though
strain on our natural resources. The strain is charged with a review of U.S. ocean policies,
reflected in growing conflicts—fishermen com- recognizes the international nature of the crisis
peting for ever fewer fish, states fighting over facing our oceans and believes that the United
water and land rights, oil carefully guarded. The States must demonstrate leadership in the area
more we deplete our living natural resources, of marine protection. We have the largest
the closer we come to crossing thresholds of Exclusive Economic Zone in the world, with a
irreversible damage to those resources and to footprint that stretches across the Pacific Ocean;
the ecosystems that produce and sustain them. what we choose to do in our waters invariably
How many fish can be removed from affects the condition of the global oceans, and
a population before it collapses? How many our interests are readily affected by the actions
populations can collapse before a species goes of others. Many of the Commission’s recom-
extinct? What repercussions will such extinc- mendations—to protect fisheries, reduce the
tions have on other marine species, on human flow of pollution into coastal waters, and pre-
communities, and on nations connected by serve coastal habitat—require action at home
trade? Scientists warn of the danger of crossing and abroad. Only through strong leadership in
these thresholds in marine ecosystems. Once the care of our own waters can the U.S. assert
we do, we cannot go back easily, if ever. moral authority to ensure greater protection of
The declining health of the oceans marine resources abroad.
is a global concern that requires international
action. Therefore, cooperation at the RATIFY CRITICAL
international level is critical to our efforts INTERNATIONAL CONVENTIONS
to address this issue of “natural security.” As first and critical steps, the Commission
In September 2002, this sentiment was clear at recommends that the United States ratify the
the World Summit on Sustainable Development 1982 United Nations Convention on the Law
80
of the Sea (UNCLOS) and the 1992 sea turtles, the World Trade Organization ruled
Convention on Biological Diversity. that the U.S. could impose trade sanctions on
UNCLOS, which entered into force in countries whose shrimp fisheries did not protect
November 1994, is the legal foundation upon sea turtles as well as our domestic fisheries.
which international ocean resource use and In 2000, after a six-year effort by the
protection is built. It addresses fundamental United States and involving 33 Asian and Pacific
aspects of ocean governance, including delim- nations, the U.S. signed the Convention on the
itation of ocean space, environmental control, Conservation and Management of Highly
marine scientific research, economic and Migratory Fish Stocks in the Western and
commercial activities, transfer of technology, Central Pacific Ocean. This convention, which
and the settlement of disputes relating to recognizes the economic importance of the fish-
ocean matters. U.S. ratification would serve to eries to the people of the Pacific Islands,
codify President Ronald Reagan’s establish- includes strong provisions for minimizing the
ment of a 200-mile Exclusive Economic Zone negative impacts of fishing and for protecting
for the United States. As of October 2002, 138 biodiversity. The United States should vigorously
countries had ratified it. implement and fully fund its share of the operat-
The Convention on Biological Diversity ing budget for this Convention.
is the premier international legal instrument These are important steps for the protec-
devoted to biodiversity and ecological tion of highly migratory species, but more
sustainability. It was signed by more than remains to be done, including implementation
150 governments at the U.N. Conference on of the United Nations Agreement relating to
Environment and Development in June 1992, the Conservation and Management of
and entered into force the following year. As Straddling and Highly Migratory Fish Stocks
with UNCLOS, the U.S. has signed, but not and improving implementation and enforce-
ratified, this convention. ment by the International Commission for the
Conservation of Atlantic Tunas (ICCAT).
HIGHLY MIGRATORY SPECIES
The health of highly migratory species in U.S. PERSISTENT ORGANIC POLLUTANTS
waters depends on careful domestic manage- The U.S. has signed the Stockholm Convention
ment coupled with protection by the interna- on Persistent Organic Pollutants (POPs), which
tional community beyond our jurisdiction. The bans the manufacture and sale of twelve of the
U.S. has taken steps at home and in global most harmful toxic chemicals. The treaty
forums to protect species such as marine addresses both manufacturing of persistent
mammals, turtles, seabirds, and tuna. In the organic pollutants and their release through
late 1990s, the federal government used U.S. incineration or leaking. The Commission recom-
conservation standards as leverage in negotiat- mends U.S. ratification of this treaty with a
ing international dolphin and sea turtle conven- mechanism for adding new toxic substances as
tions aimed at reducing bycatch. In the case of necessary for the protection of human health
81
Bill Harrigan/The Waterhouse
Photo © www.brandoncole.com
A coral reef in Florida teems with life (above). Coral reefs support
amazing biodiversity, rivaling that of tropical rain forests. Reefs are
in decline worldwide due to overfishing, pollution, sea-level rise,
coastal development, and bleaching (right) which is caused by ris-
ing sea-surface temperatures.
and the environment. We must also work with practices in other countries.
other countries to reduce the long-distance trans- In some cases, unilateral efforts cannot
port of heavy metals and other contaminants. adequately protect U.S. marine resources.
Protecting our coastal ecosystems from invasion
by some of the thousands of species carried in
SETTING THE EXAMPLE
In order to meet its responsibilities toward its the ballast-water tanks of oceangoing vessels is
ocean resources, the U.S. will need the assis- a good example. It is truly a global problem;
tance of the community of nations. The uniform standards to prevent harmful ballast-
Commission believes, however, that this nation water discharge must be put in place and
must get its own house in order first to provide enforced by all nations. The International
a solid foundation upon which to lead interna- Maritime Organization is currently drafting lan-
tionally. By establishing appropriate standards guage for an international ballast-water manage-
for sustaining marine species and ecosystems, ment regime. The proposed convention would
the U.S. will be in a better position to use trade require control of ballast water and sediments
pressures—as it did successfully to protect sea contained in ballast tanks. Though unilateral
turtles from unsustainable shrimp fisheries—or action might not adequately protect U.S. waters,
participate credibly in negotiations of ocean strong domestic requirements for ballast-water
resource treaties. For example, only by adopting treatment would greatly strengthen our position
strong conservation standards for its domestic in ongoing international negotiations.
aquaculture industry can the U.S. establish the All nations of the world must examine
moral and legal authority to demand protective their ocean policies. If we are to restore the
82
world’s fisheries, reduce pollution, protect bon dioxide, methane, and nitrous oxide, are
marine habitats, and sustain coastal communi- spurring changes with a rapidity rarely experi-
ties, it is time to acknowledge the international enced in Earth’s history. Such high rates of
dimension of ocean resource protection, and to change bring with them great unpredictability.
engage U.S. policymakers and citizens—and In August 2002, The Pew Center on
the international community—to find solutions. Global Climate Change completed a report enti-
The first step is ours to take. tled Coastal and Marine Ecosystems and Global
Climate Change: Potential Effects on U.S.
Resources (Kennedy et al., 2002). It identifies
WILD CARD OF CLIMATE CHANGE
Global air temperature is expected to warm the critical implications of climate change on
21st
by 2.5 to 10.4°F (1.4 to 5.8°C) over the the coastal zone and open ocean.
century, affecting sea-surface temperatures and The authors of this report drew a number
raising the global sea level by 4 to 35 inches of conclusions, which we summarize below.
(9 to 88 cm) (IPCC, 2001). Such climate change
will create novel challenges for coastal and Coral reefs are at particular risk from global
marine ecosystems already stressed by overfish- climate change.
ing, coastal development, and pollution. Recent episodes of bleaching and high mortal-
Based on observations, scientists expect ity of coral animals have been linked to higher
that this rapid climate change will result in the temperatures. Although coral reefs are capable
extinction of some species and serious, if not of recovery from bleaching events, prolonged
catastrophic, damage to some ecosystems. or repeated bleaching can lead to mortality.
Important coastal and ocean habitats, including Recent estimates suggest an increase in mean
coral reefs, coastal wetlands, estuaries, and sea-surface temperature of only 2°F (1°C)
mangrove forests will be particularly vulnerable could cause the global destruction of coral
to the effects of climate change. These systems reef ecosystems (Hoegh-Guldberg, 1999).
are essential nurseries for commercial fisheries Sea-level rise also poses a potential
and support tourism and recreation. Wild fish- threat to coral reefs, which need the light
eries and aquaculture will be affected as well. that penetrates relatively shallow water. The
Climate change will modify the flow of energy problem of sea-level rise is likely to be made
and cycling of materials within ecosystems—in worse by the effects of increased atmospheric
some cases, altering their ability to provide the CO2 on marine chemistry. A doubling of
ecosystem services we depend upon. atmospheric CO2, for example, could reduce
We know that climate change is no coral-reef calcification (i.e., growth) by 20 to
stranger to Earth. Since life began, ice ages 30 percent (Kleypas et al., 1999). Although in
and hot spells have affected the distribution of the past, corals have been able to build their
organisms as well as their interactions. reef masses upward to keep up with rising
However, today human activities that increase sea levels, such slowdowns in growth
the emission of greenhouse gases, such as car- induced by climate change could result in
83
many reefs losing this race. metabolic rates of organisms, leading to
Increased coastal erosion associated greater oxygen demands. At the same time,
with sea-level rise could also degrade water warmer water holds less oxygen than cooler
quality near coral reefs by increasing turbidity water. Therefore, low oxygen conditions—
and sedimentation. Many coral reefs are also which already afflict many coastal areas
vulnerable to other human and natural stres- polluted by excess nutrients washed off the
sors, such as coastal development, overfishing, land—may worsen.
pollution, and marine disease.
Climate change has the potential to benefit
Global climate change is predicted to and to harm aquaculture.
affect precipitation, wind patterns, and Aquaculture could potentially benefit from
the frequency and intensity of storms. climate change, as warmer temperatures tend
These environmental variables are crucial to to increase growth rates. Warming oceans
the structure, diversity, and function of coastal could also allow the culturing of species in
and marine ecosystems. The increase in air areas that are currently too cold.
temperature will directly affect sea-surface However, warmer temperatures could
temperatures and accelerate the hydrological also limit the culturing of some species.
cycle (IPCC, 2001). Unequal heating and Summer mortality is often observed among
cooling of the Earth’s surface drive much of cultivated Pacific oysters on the U.S. West
the world’s winds. The winds could be altered Coast, which could be exacerbated by climate
by surface warming, affecting wind-driven change. Warmer temperatures may increase
coastal and marine currents. Although the the risk of marine disease among cultured (as
impact of climate change on tropical storms well as native) species (Harvell et al., 2002).
and hurricanes remains highly uncertain, max- The implications of climate change for
imum wind speeds could increase by 5 to 20 U.S. aquaculture will likely be heavily
percent (Knutson and Tuleya, 1999; dependent upon the industry’s ability to adapt
Henderson-Sellers et al., 1998). its operations to suit the prevailing climate.
Warming temperatures will influence Temperature changes will drive species
reproduction, growth, and metabolism migration and could change the mix of
of many species in stressful or beneficial species in particular regions.
ways, depending on the species. Higher temperatures would be lethal to some
In any particular region, some species could species at the southern end of their range and
decline while others thrive. Warmer tempera- would allow others to expand the northern end
tures tend to enhance biological productivity, of their range, if they were sufficiently mobile.
which could benefit some U.S. coastal eco- The geographic range of Pacific salmon, for
systems, at least over the short term. However, example, is sensitive to changes in climatic
increases in temperature tend to increase the conditions. Warm waters in the northern
84
Pacific have historically been associated with a Other human adaptations to climate
shift in salmon production from the coast of change, such as the construction of seawalls to
the Pacific Northwest to Alaska’s Bering Sea hold back the sea, could block inland migration
(Mantua et al., 1997; Hare et al., 1999). of wetlands. Gradually, the wetlands would be
Similarly, warm-water fish species on the U.S. inundated by rising seawater. They and their
East Coast expanded north of Cape Cod during ecological services would be lost over time.
the 1950s in response to warmer sea-surface
temperatures (Taylor et al., 1957). Changes in precipitation could flood coastal
Thus, climate change in this century is systems or leave them in drought.
likely to drive similar changes in species distri- Changes in precipitation would affect runoff
butions, with some species contracting their from land, and stratification of the water col-
ranges and others expanding. This would lead to umn, which affects oxygen concentrations in
different mixes of species that could affect pred- deep water. These changes also affect water
ator-prey relationships, species competition, and circulation patterns and associated delivery of
food web dynamics. In addition, it could drive juvenile organisms to nursery areas. In concert
the proliferation of invasive species, including with sea-level rise, increased runoff from land
marine diseases (Harvell et al., 2002). would shrink estuarine habitats, diminishing
Because many of our coastal communities their ability to support coastal animal and
depend upon marine species for their economic plant populations.
livelihood, redistribution will most certainly dis- Increased runoff could also increase the
rupt economies. However, it is impossible to delivery of nutrients and toxic chemicals into
predict how this will affect specific fisheries. coastal ecosystems near urban communities.
This would degrade water quality and increase
Sea-level rise could threaten the survival the risk of harmful algal blooms. Regional
of marshes and mangroves. fishing, hunting, and ecotourism enterprises
As sea level rises, coastal marshes have the could all be affected.
inherent ability to accrete (i.e., grow) vertical- Reductions in freshwater input could
ly through the deposition of sediment carried also increase the salinity of estuarine systems,
downstream by rivers and streams. However, limiting productivity and biodiversity.
climate change is likely to change patterns of Permanent reductions of freshwater flows
rainfall and runoff, which could limit sediment could contribute to major reductions of biolog-
availability. Furthermore, human modifications ical productivity in alluvial bay systems, such
of rivers and streams (e.g., dams) already limit as Gulf Coast lagoons.
sediment delivery in many areas, such as the
wetlands of southern Louisiana (Cahoon et al., Changes in wind patterns could affect
1998). Continuation of this practice could coastal and estuarine circulation patterns
limit the ability of wetlands to keep pace with and upwelling and downwelling of water in
rising sea levels. marine systems.
85
Young organisms of many species, such Natural climate variability, such as El Niño
as blue crab, menhaden, and bluefish, events, results in changes in open-ocean
are transported into or out of estuaries by productivity, shifts in the distribution of
wind-driven, nearshore circulation patterns organisms, and modifications in food webs,
(Epifanio and Garvine, 2001). Changed pat- foreshadowing what would happen if climate
terns would affect the normal life cycle of change accelerated.
these species, and could diminish, if not elim- Natural climate variability exists independent of
inate, local populations. anthropogenic climate change, but may act in
In addition, wind patterns are important tandem with (or opposition to) anthropogenic
drivers of coastal upwelling, which provides climate change. The consequences are difficult
needed nutrients to some regions. Diminution to predict. Climate change could increase the
of this upwelling could reduce the ocean’s frequency, duration, and/or severity of El Niño
productivity in these coastal areas. In contrast, events, which have important ecological effects,
increased productivity should occur in those heightening impacts on human society. In par-
areas that experience increased upwelling. ticular, El Niño events are often associated with
mass coral bleaching, which threatens the long-
Changes in the frequency and intensity term sustainability of these ecosystems
of storms could increase flooding and (Wilkinson, 2000).
threaten coastal aquaculture and fishing
industry facilities. Over the coming century, changes in
Storm events are major drivers of coastal temperature or salinity of North Atlantic
erosion. In addition, hurricane landfalls on water in the Arctic may slow or shut down
the East Coast and in the Gulf of Mexico have the slow-moving thermohaline circulation
historically been associated with significant that delivers cold, dense, oxygenated water
coastal flooding. Hurricanes Dennis, Floyd, to the deep sea.
and Irene cumulatively led to 50- to 500-year This would affect delivery of oxygen and nutri-
floods in North Carolina during 1999. In addi- ents from the ocean surface to the deep ocean in
tion to their impact on humans, these floods coming centuries, with unknown consequences
delivered large amounts of nutrients to the for communities of deep-sea animals.
estuaries that caused oxygen depletion and In addition, this change in circulation
harmful algal blooms (Paerl et al., 2001). could alter the distribution of heat throughout
Coastal aquaculture facilities are the waters and atmosphere of the North
also highly vulnerable to the high winds Atlantic, which would affect the geographic
and storm surges associated with coastal distribution of fisheries.
storms. Although the effects of climate It is possible that other such climate
change for storm events remain uncertain, surprises could manifest in response to climate
the possibility of increased storm intensity change, resulting in rapid, unpredictable
is a significant concern. changes in the marine environment.
86
Climate-induced changes in ocean chemistry carbonate-dependent organisms. Some of
could diminish the abundance of microscopic these highly abundant organisms, such as
open-ocean plants and animals. diatoms and dinoflagellates, produce a chemi-
Model results indicate that a doubling of the cal (dimethyl sulfide) that ultimately helps to
preindustrial atmospheric concentration of cool surface air temperatures. Thus, changes
atmospheric carbon dioxide (currently project- in calcium carbonate chemistry could indi-
21st
ed to occur by the middle of the century) rectly reinforce global warming. Our knowl-
could reduce the amount of calcium carbon- edge of these interactions is rudimentary, mak-
ate in ocean waters by 30 percent (Gattuso et ing it difficult to predict the consequences of
al., 1999; Kleypas et al., 1999). This would any chemical changes.
limit the growth and abundance of calcium
BOX ONE Steve Simonsen/Marine Scenes
ADDRESSING THE EFFECTS OF CLIMATE CHANGE ON OUR OCEANS
The potential effects of climate change offer com- reduce the adverse effects of future climate change.
pelling justification for improvements in the protec- The adaptive and cautionary management approach
tion and management of marine resources. advocated throughout this report is, in essence, the
Commission’s climate change response action plan.
Independent of anthropogenic activities, climate has Recommendations for fisheries, coastal development,
a profound influence on the structure and function pollution control, and governance are all based on
of marine ecosystems. As such, changes in climate the need for a better understanding of, and manage-
(whether natural or anthropogenic) are likely to sig- ment focused upon, coastal and marine ecosystems
nificantly alter these ecosystems—a process that is and all the factors that influence them. Clearly,
already underway (Parmesan and Yohe, 2003; Root et changing climate is among the most significant long-
al., 2003). Failure to account for these changes will term influences on the structure and functioning of
compromise management efforts. those systems, and must be accounted for to ensure
healthy and productive ocean environments. Healthy
Climate change is likely to be an additional stress to ecosystems are also more resilient to all perturba-
marine ecosystems, beyond more traditional con- tions, including climate-induced changes.
cerns, such as pollution, development, and overfish-
ing. Climate change will interact with these stressors The Commission feels strongly that the U.S. and its
in unpredictable ways (i.e., additively, synergistically, global neighbors must do the one thing that can
antagonistically) to influence the future of U.S. directly limit the effects of climate change on the
marine resources. marine environment—reduce our emissions of
greenhouse gases that contribute to this problem.
The recommendations of the Pew Oceans Only then can we assure coming generations and
Commission, if implemented, would address current ourselves that the recommendations we offer will
challenges to U.S marine resources, and would yield the bountiful seas we envision.
87
Chapter Eight
SCIENCE, EDUCATION, AND FUNDING
Near Cape Kumakahi, Hawaii
Ron Dahlquist/rondahlquist.com
s we need to maintain healthy ecosystems
Science must play a key role in advancing
to sustain the benefits they provide society,
marine ecosystem management that is
but we often lack baseline information
integrated, precautionary, and adaptive.
about the history and status of those systems
Donald F. Boesch and others, 2001
Marine Pollution in the United States: Significant
upon which to base management decisions;
Accomplishments, Future Challenges
s human-induced extinctions are occurring
Living oceans cover about 71 percent of the in the oceans, but we have little idea of
Earth’s surface. They are inextricably linked with their scope because virtually all of our data
the land and atmosphere. Ocean currents circu- collection focuses on the relatively small
late the energy and water that regulate the handful of commercially valuable species
Earth’s climate and weather. Thus, the oceans (Carlton et al., 1999);
affect every aspect of the human experience. s we must prevent overfishing, minimize
From surface to seafloor the world’s oceans con- bycatch, and protect habitat to sustain
tain nearly 100 times more habitable space than our fisheries, yet we have not assessed the
terrestrial ecosystems. The life supported in this status of two-thirds of our managed fish
vast realm is believed to reflect genetic, species, stocks, we fail to collect bycatch data in
habitat, and ecosystem diversity that exceeds two-thirds of federally managed fisheries,
that of any other Earth system. The natural and we remain largely ignorant about the
wealth of these systems provides valuable habitat requirements of most valuable
ecosystem services, commodities, and other fishery species;
social and economic benefits. Incredibly, the s toxic pollution can harm individual
oceans are the least studied and understood of animals and biologically significant con-
the Earth’s natural endowments. tamination occurs throughout the nation’s
There has never been a more critical coastal waters, but our understanding of
time for the nation to increase its investment population-level and ecosystem-level
in ocean science and research. We know the impacts is poor.
oceans are in crisis. Unfortunately, as the
nature, scale, and complexity of threats to A NATIONAL COMMITMENT TO INCREASING
marine ecosystems have increased, our nation- SCIENTIFIC CAPACITY
al investment in ocean science and research Forty years ago, our nation made a commit-
has stagnated. For more than a decade, federal ment to space exploration. Today, we know
spending on ocean sciences has hovered near more about the surface of the moon and
755 million dollars annually—less than four other planets than we do about the oceans. In
percent of the nation’s annual expenditure for the late 1980s, we made a 4.5-billion-dollar
basic scientific research. The consequences of commitment to modernize the National
this underinvestment are striking. We know Weather Service with integrated observational
88
systems. Today, our enhanced ability to
predict weather patterns helps to ensure
public safety. We committed these resources
because we believed that high stakes justified
the investment. The stakes could not be higher
Scripps Institution of Oceanography
now in understanding and caring for the
oceans. The nation must increase investment
in ocean science and research, particularly
broader ecological monitoring programs
and investigations.
To support this endeavor, the High seas wash onto the deck of Scripps Institution of Oceanography’s
research vessel New Horizon as scientists work to retrieve a large buoy. The
Commission recommends that Congress at
1,800-pound buoy is anchored to the seafloor by a cable that has instru-
least double funding for basic ocean science ments to measure underwater currents and temperature at various depths.
to 1.5 billion dollars annually, or approxi- For more than a decade, federal spending on ocean sciences has accounted
for less than four percent of the nation’s science budget. The Commission
mately seven percent of the basic federal recommends a doubling of the federal ocean research budget.
research budget.
To adequately describe ecosystems,
At the core of this financial commitment
characterize their threats, and manage for
is a quest for knowledge that can help to sus-
their restoration, we need new cross-discipli-
tain the health, biodiversity, productivity, and
nary scientific programs. Various combinations
resilience of marine ecosystems for future gen-
of expertise—of fishery scientists, marine ecol-
erations. We need a deeper understanding of
ogists, oceanographers, climatologists, marine
the effects of both natural and anthropogenic
mammal and seabird biologists, anthropolo-
change on marine ecosystems as well as of the
gists, economists, sociologists, and histori-
ocean’s interaction with terrestrial ecosystems
ans—can further our understanding.
and the atmosphere.
We need to know as much about people
and economics as we do about the biology and
COLLECTING AND APPLYING
ecology of living marine resources and ecosys-
NEW INFORMATION
tems. Complex interactions between human
Increased capacity is needed in four areas to
and environmental systems must be better
improve applied ocean science and research:
understood. Cooperative research involving the
fishing industry and native communities, that
1. acquisition of new information, knowledge,
offer valuable experiential and traditional
and understanding;
knowledge, should be a central element of a
2. monitoring to evaluate status and trends;
number of these new scientific programs.
3. capability to integrate and synthesize
Given that many coastal and marine
existing and new information;
ecosystems have already suffered high levels
4. sharing of information and knowledge
of degradation, the Commission recommends
with the public.
89
IMPROVING THE USE
the nation embark on a major commitment to
OF EXISTING INFORMATION
develop the relatively new science of marine
Too often the institutions responsible for manag-
restoration ecology.
ing our marine resources fail to adequately use
Monitoring of both human and natural
existing scientific understanding in the decision-
systems must also be increased. Comprehen-
making process. Improving how existing infor-
sive ecosystem monitoring programs such as
mation and knowledge is used is the first and
the California Cooperative Oceanic Fisheries
most important step to improve the scientific
Investigation, the Global Ocean Ecosystem
foundation for ocean and coastal management.
Dynamics Program, the Gulf of Maine Ocean
Uncertainty will always be a defining
Observing System, and the Gulf of Alaska
characteristic of ecosystem-based management,
Ecosystem Monitoring Program should be
just as it has been for single-species manage-
expanded, strengthened, and replicated.
ment. Although some uncertainty can be
A national fishery observer program
reduced with increased monitoring and
should be implemented—employing appropri-
research, a degree of uncertainty is unavoidable
ate, effective alternative monitoring schemes
because of the dynamic and complex nature of
where necessary (e.g., on smaller boats that
marine ecosystems and the many influences
cannot safely accommodate an observer)—
upon them. Thus, decisions about marine
accompanied by vessel monitoring systems
ecosystems should take into account the risks
and electronic data reporting for real-time
inherent in making incorrect decisions.
data management. Social and economic
The Commission believes this is best
assessment and monitoring programs for
accomplished by incorporating the precaution-
human systems—the behavior of people,
ary approach as a core principle of national
communities, and institutions—must
ocean policy. In cases where information is
be increased.
uncertain or inconclusive, the need to protect,
We need new research and monitoring
maintain, and restore the health, integrity, pro-
programs to improve the timely collection,
ductive capacity, and resilience of marine
compilation, and analysis of data. An improved
ecosystems should always be the top priority for
ability to integrate and synthesize information
managers. This guiding philosophy is intended
will allow scientists to more accurately predict
to prevent irreversible changes to marine
the consequences of different courses of action.
ecosystems as a result of over-exploitation or
This involves developing the next generation of
habitat destruction.
ecosystem models that incorporate the influ-
The Commission also believes that to
ences of trophic interactions, environmental
assure the independence and integrity of scien-
variability, and human activity. Finally, new
tific advice, scientific work needs to be insulat-
scientific programs should utilize adaptive
ed from political and economic pressures. This
management to assess results, learn from
may require reorganizing the institutional rela-
experience, and adjust incentives, regulation,
tionship between scientific research and
and management accordingly.
90
resource management in some programs (for
more detailed discussions of this concept, see
Sissinwine and Mace, 2001; Hutchings et al.,
1997). Nowhere is this need more evident than
in fisheries management, where the Commission
recommends separating science-based conser-
vation decisions from economic and political
Franklin Viola/violaphoto.com
allocation decisions.
The creation of a mechanism or insti-
tution to provide independent scientific over-
sight would help ensure that scientific advice
provided to ocean resource managers is com-
A mother and her young son experience the wonders of
prehensive and current.
marine life at Hanauma Bay, Hawaii. The Pew Oceans
The Commission further recommends Commission calls for a new era of ocean literacy that
prepares today’s children to be tomorrow’s stewards.
that a comprehensive ocean research and
monitoring strategy be developed and imple- The federal government is only one part
mented by the national oceans council, the of this effort. As the Commission traveled
establishment of which the Commission rec- around the country, it saw people across all lev-
ommends in Chapter 2. els of government and in many professions pro-
moting ocean literacy.
During the Commission’s visit to
NEW ERA OF OCEAN LITERACY
If we are to succeed in implementing a new Charleston, South Carolina, Mayor Joseph Riley
national ocean policy to restore and maintain and fellow commissioners joined students from
ocean ecosystems, we will need more than Memminger Elementary School to learn about
new laws and institutions. We must build a sharks. Using a live link with scientists from
national constituency for the oceans that Mote Marine Lab in Florida, students were able
includes all Americans, whether we live along
the coast or in the Rocky Mountains. We must
prepare today’s children to be tomorrow’s
ocean stewards.
Deb Antonini/Pew Oceans Commission
The Pew Oceans Commission calls for a
new era of ocean literacy that links people to
the marine environment. Through enhanced
marine education and awareness, we can
inspire the next generation of scientists, fisher-
men, farmers, business and political leaders—
Mayor Joseph Riley (above) participates in a discussion about
indeed all citizens—with a greater understand-
sharks with students from Memminger Elementary School during
ing and appreciation for the oceans. the Commission’s visit to Charleston, South Carolina.
91
to learn about some of the myths associated with partnerships between the public and private
sharks and the threats to their survival. sectors to provide teachers with the materials
During the Commission’s visit to and training they need to bring the oceans into
Hawaii, several commissioners appeared on the classrooms. The Commission urges the
the public education television program, national oceans agency to take a stronger role
KidScience. They met schoolchildren learning in building ocean literacy throughout the
about the oceans and offering their solutions country, similar to NASA’s outer space educa-
to the problems of pollution, habitat loss, and tion programs. The Commission challenges
overfishing. To build on that experience, the academic institutions to increase enrollment in
Commission collaborated with KidScience on ocean sciences at the postgraduate levels. It
a four-part, nationally televised program that supports the ongoing efforts of aquariums and
brought the oceans into thousands of class- science centers to connect the public with the
rooms across the country, with links to the ocean realm and instill greater awareness for
South Carolina Aquarium, the Aquarium the public’s role in ocean protection.
of the Americas in New Orleans, and the With all other concerned citizens,
Monterey Bay Aquarium. the Commission welcomes a new era of
The Commission’s experiences point to ocean literacy.
an important opportunity to use the ocean
world to advance public scientific understand- FUNDING GOOD OCEAN GOVERNANCE
ing in such disciplines as biology, chemistry, Relative to the size of the public’s ocean
physics, geology, mathematics, and engineer- domain and to its value to society, the United
ing. We saw outstanding examples of aquari- States has substantially underinvested in
ums and science centers helping the public understanding and managing our oceans.
connect with the marine world. In California In fiscal year 2001, the United States spent a
alone, the major aquariums attract as many as little more than 3 billion dollars to manage
six million visitors each year. natural resources in 4.5 million square miles
Restoring and sustaining the oceans of U.S. ocean waters, an area 23 percent
require broad public support. This support larger than the landmass of the United States.
begins with greater awareness of just how By contrast, the federal government spent
valuable—and vulnerable—the oceans are. It more than 10 billion dollars to manage the
is time to make a nationwide commitment to one million square miles of federal public
teach and learn about our oceans. lands—and their natural resources—in the
The Commission encourages greater col- same year.* We are now spending 14 billion
laboration among all levels of government and dollars every year on space exploration, but a
*Consists of the fiscal year 2001 budgets of the Bureau of Land Management, Fish and Wildlife Service, National Park
Service, and the U.S. Forest Service, with funding for state and private forestry initiatives backed out. This figure is
conservative because it does not include the substantial expenditures for management of public lands administered
by the Department of Energy, Department of Defense, and other agencies.
92
plan recommended by a blue-ribbon panel
calling for 75 million dollars per year for
ocean exploration has so far been funded at
only 4 million dollars annually.
In this report, the Commission urges the
George Grall/National Geographic Image Collection
nation to adopt a new national ocean policy
based on precaution, ecologically sustainable
use of marine resources and habitats, and
management on a regional ecosystem basis.
It recommends new laws and institutions,
better implementation of existing law, and
expanded scientific research. None of this can
happen without a substantially greater finan-
cial commitment. If properly executed, this Gulls near Cape Charles, Chesapeake Bay
investment will be paid back in the form of
restore California’s Sacramento River Delta is
abundant living ocean resources, prosperous
20 billion dollars. The Chesapeake Bay
fishing communities, and clean coastal
Program receives about 25 million dollars
oceans. For example, data compiled by the
annually from the federal government, with
National Marine Fisheries Service indicate that
the participating states contributing more than
restoring our fish stocks could yield an addi-
100 million dollars each year for various
tional 1.3 billion dollars annually from the
programs related to the health of the bay. Yet,
increased supply of seafood alone. Without an
this program barely holds its own with the
increased financial commitment to our
continued growth and development of the
oceans, we risk further decline in ocean
Chesapeake Bay watershed.
ecosystem health and serious consequences
Another approach to estimating costs is
for human well-being far into the future.
to look at the number of areas likely to need
some degree of restoration. A 1999 study by
A SENSE OF SCALE
NOAA looked at 138 estuaries along the coast
It is difficult to estimate how much all this will
of the conterminous United States and found
cost. Current coastal ecosystem restoration
that 44 estuaries exhibited signs of eutrophica-
efforts around the country provide some sense
tion and another 40 estuaries had moderate
of scale. The effort to partially restore the
degradation. If Chesapeake Bay is an indica-
Florida Everglades, for example, is estimated
tor, it will likely cost in the range of 10 to 100
to cost at least 7.8 billion dollars over the life
million dollars annually to address the
of the project, half of which would be federal
complex interactions of overfishing, land use,
funds. A nascent effort to reduce land loss in
and point and nonpoint source pollution that
the Mississippi River Delta is estimated to cost
lead to coastal environmental degradation in
14 billion dollars. The estimated cost to
93
The Commission also recommends a
doubling of our nation’s commitment to
marine research, which would require an
additional 800 million dollars annually.
The Commission recommends that ini-
tial expenditures include an increase in the
NOAA budget from 3 billion dollars to 6 bil-
lion dollars over the next five years. This
Kip F. Evans/National Geographic Society
increase should allow NOAA to provide the
regional ocean ecosystem councils with 1 to 2
billion dollars annually. The regional ecosys-
tem councils should use these funds for moni-
toring, assessment, and characterization of
marine ecosystems, developing and imple-
menting comprehensive regional ocean gover-
Scientist and crew from the NOAA ship McArthur deploy a DeepWorker
nance plans, and coordinating among all lev-
submersible for an exploratory mission in the Gulf of the Farallones National
Marine Sanctuary. els of government with jurisdiction over activi-
each estuary. Picking a conservative value of ties affecting the oceans.
10 million dollars per year per estuary, it In addition, significant increases in
would require about a billion dollars annually funding will be needed for interagency coordi-
just to address eutrophication in the lower 48 nation and consultation to ensure that the fed-
states. Additional investment will be required eral government is carrying out the National
to prevent degradation of coastal and ocean Ocean Policy Act.
waters that are currently relatively pristine.
Based on the scope and the scale of PAYING FOR IT
ocean and coastal environmental problems, Because it is in the national interest to protect,
the Commission estimates the need for at least maintain, and restore our oceans, it is appro-
an additional 2 to 5 billion dollars annually to priate that the federal government pay a signif-
s establish regional ocean governance icant share of these costs. However, the states
councils; must also participate, as they will share in the
s assess the status of large marine ecosystems; benefits of healthy marine ecosystems. The
s develop and implement regional ocean main source of new federal funding will prob-
governance plans; ably be general revenue. However, revenue-
s coordinate with ongoing programs at generating programs that specifically address
all scales; ocean-related industries and services can also
s undertake habitat protection and restoration be put in place.
on the scale needed to restore and maintain The establishment of a permanent,
the health of our oceans and coasts. dedicated federal fund for habitat protection,
94
restoration, and wildlife conservation would fishery and the type of processing. In 2000,
provide a much-needed supplement to annual commercial landings from all U.S. fisheries
appropriations for protecting and enhancing were valued at 3.5 billion dollars. Thus, a one
coastal ecosystems. Congress is currently con- percent tax on commercial landings would
sidering proposals that would provide states and generate 35 million dollars in revenue.
local jurisdictions with more than 3 billion dol- To ensure that the revenue generated
lars annually for wildlife conservation, habitat from the public resource is reinvested in
protection, and other activities. The Commission that resource, any revenue generated by
feels that funding of this type could pay for a collecting rents, royalties, or taxes on seafood
substantial portion of state and local activities should be deposited in a permanent, dedicated
required to protect and restore our oceans and fund for fisheries conservation, research,
coasts, but that Congress should structure this and management.
funding in a way that does not provide incen- Fees collected for use of ports and
tives for new offshore oil and gas activity. shipping channels presents another possible
Additional revenue to offset the costs of revenue-generating mechanism. The mainte-
managing fisheries and other living marine nance of ports and shipping channels, while of
resources could be derived from a variety of great economic value to the nation, has sub-
possible sources. One approach is to require stantial environmental costs. Additional fees
some form of payment by the private users of should be paid by the shipping industry to
public ocean resources. When public access to address these impacts on the coastal
a fishery will be limited, as in fisheries managed environment. The Harbor Maintenance Tax
by individual quotas, seeking some form of has for many years generated substantial
compensation for access to the resource is par- revenue for port and channel maintenance and
ticularly attractive. One approach is to auction deepening. This tax (sometimes referred as a
quota shares for limited-access fisheries based “fee”), which is collected on the value of mar-
on royalty bids. Auctions based on a percentage itime cargo passing through our ports, has been
of value of the actual catch (a royalty) requires curtailed after collecting the tax on exports was
no cash up front, is self-correcting for poor fish- found to be unconstitutional. The European
ing seasons, and could be structured to allow Union is now challenging its application to
family fishermen to remain competitive in imports as a discriminatory trade practice.
the bidding process. A new channel maintenance fee based
Another approach is to collect resource on the draft of vessels, which ultimately drives
rents through some form of landings tax. The channel-deepening efforts, could be devised
state of Alaska assesses a tax on processors of to provide a significant, and legal, source of
Alaska seafood that generated 32.5 million funding. Such fees could make channel-deep-
dollars in 2002 (ADR, 2002). The tax rate ening projects, where needed, self-financing,
varies between one and five percent of the and provide an ongoing source of revenue for
value of unprocessed fish, depending on the environmental mitigation and enhancement.
95
INCENTIVES MAKE SENSE and municipalities to reduce automobile
In the chapters on coastal development and pol- dependency and mitigate impacts of transporta-
lution, the Commission has recommended that tion projects. The reauthorization of this legisla-
the current structure of federal development and tion provides opportunities to link transporta-
agricultural subsidies be examined to ensure tion funding with improvements in land use
that federal dollars are not exacerbating damage and water quality. States should be given
to coastal ecosystems. Specifically, the greater flexibility to use state revolving-fund
Commission recommends that federal funds for money under the Clean Water Act to reduce
agriculture, highway construction, and other polluted runoff. These are just a few examples
development should be contingent on progress of how long-established spending patterns
toward compliance with the Clean Water Act. and programs can be shifted to provide sub-
But this approach should not be based solely, or stantial capital for environmental restoration
even primarily, on disincentives. The substantial and protection.
subsidies provided in these areas should be We have done great damage to our
increasingly redirected toward positive actions. oceans and coasts, and we now know that
Many positive changes are already taking environmental damage imposes substantial real
place, such as enhancements to habitat protec- costs to society in the form of lost ecological
tion and restoration programs in the Farm Bill. and economic goods and services. Repairing
The Water Resources Development Act, which this damage will not be easy or inexpensive,
funds Army Corps projects, should devote but it is incumbent on this generation to repair
increased funding to prevent and restore envi- the damage done by it and its predecessors so
ronmental damage. The Transportation Equity that future generations are not forced to bear
Act of 2001 has provided flexibility for states that burden.
Tom & Pat Leeson
Although protected from hunting that nearly drove them to extinction, sea otters face threats from coastal pollution,
habitat disturbances, and the ripple effects of overfishing on ocean food webs.
96
Chapter Nine
CONCLUSION: CHARTING A NEW COURSE
Point Sur Lighthouse
© Kip F. Evans
Over the past two years, the Pew Oceans We take our oceans for granted. We must view our
Commission has heard from thousands of oceans as a public trust, and handle them in a way
Americans from Maine to Hawaii, the Gulf of that ensures that living marine resources are there
Mexico to Alaska. We have considered the lat- for our children and for future generations.
est scientific information regarding our Leon E. Panetta
Chair of the Pew Oceans Commission
oceans. In the midst of unease and even alarm An excerpt from Mr. Panetta’s testimony before the
U.S. Commission on Ocean Policy, Washington, D.C.
about our oceans, we have heard expressions
October 30, 2002
of hope and seen signs of success. Marine life
weathered storms for centuries with simple
rebounds within marine reserves where hooks
tools, our nation can navigate today’s troubled
and nets are forbidden. Striped bass, severely
seas. We know what we need: a compass, a
depleted along our Atlantic shores, made a
chart, and the wind in our sails. That compass
remarkable comeback when given a chance.
is a strong ocean ethic, the chart is a new
Seabirds, kelp beds, and fish communities
legal framework, and the wind is our national
returned to the coastal waters off Los Angeles
will. The commitment of leaders and citizens
after waste discharges were reduced.
alike is needed to steer us to healthy oceans.
But such successes will remain the
exception rather than the rule until we chart a
THE COMPASS: AN OCEAN ETHIC
new course for ocean management.
In recent decades, our nation has made great
Our country must articulate a clear,
strides in environmental and natural resource
strong commitment to our oceans. As mariners
protection. We fought back at the sight of lit-
ter, fouled rivers, and sooty air. We discovered
a national conscience and articulated an
environmental ethic.
Our vast oceans—the final frontier on
this planet—are now showing the same signs of
stress that mobilized our nation 30 years ago.
Pollution, poorly guided development, and
habitat-destroying fishing practices are a sam-
pling of humanity’s heavy hand on the oceans.
We are altering ecosystems and their capacity
to support marine life, as well as their ability to
© Kip F. Evans
provide the goods and services that we have
grown to expect without thinking, just as we
Rising some 400 feet above the crashing surf of the Pacific Ocean, take for granted the beating of our hearts.
the Point Sur Lighthouse alerts ships to the dangers of the treach-
Extending strong environmental protec-
erous Big Sur coastline.
97
tion to the oceans is both a practical measure
to preserve the ecological benefits that we
require as a species and our moral obligation
as the stewards of our planet.
It is time we apply this ethic to our
oceans, our country’s largest public resource.
THE CHART: DEFINING A NATIONAL
OCEAN POLICY
© Lou Jawitz.com
A mariner turns to the charts in preparation
for a voyage. Likewise, it is time for America
to lay out a new policy that guides the nation
toward healthy oceans. Sailboat off Newport, Rhode Island
Congress and the President should
begin by enacting a National Ocean Policy ocean. We should identify those areas critical
Act, significantly adjusting our nation’s atti- to the functioning of productive coastal and
tude toward the sea and establishing the stan- marine ecosystems and place these areas
dards and expectations necessary to achieve off limits to harmful activities.
healthy, productive, and resilient marine The United States should restore its
ecosystems. This action will facilitate a host of degraded marine ecosystems actively and
other changes including necessary adjustments aggressively. These systems are tremendously
in existing fisheries, pollution, and coastal valuable. Although most areas will never
management policies to protect ocean health. return to a pristine condition, we can at least
Achieving the Commission’s vision for restore the function and productivity of many
our oceans requires action in the following of these systems.
critical areas: do no more harm to the oceans,
protect pristine areas, and restore degraded THE WIND IN THE SAILS: LEADERS AND
marine ecosystems. To do no more harm, we CITIZENS ALIKE
must stop excessive fishing of already over- Even with a new sense of direction and a
fished stocks, end wasteful bycatch and chart to guide us, we still need the power to
unnecessary habitat damage from fishing gears make it happen. Charting a new course for the
and practices, reduce the polluted runoff from oceans will not be easy. It will take the time
our city streets and farmlands, and curtail and dedication of countless individuals to
harmful development practices that degrade work for—and demand—healthy oceans for
water quality and destroy coastal habitat. our children and for ourselves.
We must place a premium on protecting A legacy of healthy oceans requires a
and maintaining those areas that are relatively national commitment from government, the
healthy and pristine, both on land and in the private sector, and citizens alike. The commit-
98
ment must start with leadership from the vative effort will accomplish what the
President and Congress taking action on the Commission’s work alone cannot—compel
necessary reforms to national laws and policies. action through leadership, not crisis.
Our governors should reinvigorate state efforts This Commission has a vision of how the
and expand the partnership with the federal health of our oceans and coasts can be restored
government for coastal protection and manage- and protected. It is a vision based on the princi-
ment begun 30 years ago. Finally, we need a ple that we must treat our oceans as a public
commitment from industry to reform its prac- trust to be managed for the common good. It
tices and from individuals to take responsibility recognizes that the land and ocean are interre-
for the impact of their choices on our oceans. lated and that we must work regionally and
locally to protect our ocean ecosystems and the
watersheds that sustain them. The outcomes of
A NATIONAL COMMITMENT
this vision are healthy and plentiful marine life,
TO MARINE ECOSYSTEMS
We confront an ethical, environmental, and thriving fishing communities, clean beaches and
economic challenge that requires our nation coastal waters, and healthful seafood.
to realign its posture toward the sea. Changing We invite the American public to join
our policy course requires knowing where we with us to launch a national effort in behalf of
want to go, applying the great energy required future generations—to understand, restore,
to overcome inertia, and taking action in time and protect the bountiful life and habitats in
to avert disaster. Only a concerted and inno- our vast ocean and coastal waters.
Photo © www.brandoncole.com
Orca, North Pacific Ocean
99
Part Three
DETAILED RECOMMENDATIONS
California garibaldi in a kelp forest, Santa Catalina Island, California
101
© Chuck Davis/www.tidalflatsphoto.com
Chapter Ten GOVERNANCE FOR SUSTAINABLE SEAS
© Lou Jawitz.com
1. DEVELOP A NEW NATIONAL information, exercise precaution in favor
OCEAN POLICY. of conservation.
s Use the best available scientific, social, and
Enact a National Ocean Policy Act.
s Congress should enact a National Ocean economic information to make decisions.
s Support research and education to
Policy Act (NOPA) that, at a minimum,
• addresses geographic and institutional improve basic understanding of marine
fragmentation by providing a unifying ecosystems, and apply this information
set of principles and standards for to ecosystem management.
governance;
• establishes processes to improve coordi- Through NOPA, establish the following
nation among governments, institutions, standards to guide ocean governance.
s Actions affecting United States’ ocean
users of ocean resources, and the public;
• provides adequate funding to accom- waters or ocean resources must be
plish these goals. conducted in a manner consistent with the
protection and maintenance of healthy
marine ecosystems† and the restoration of
Through NOPA, reformulate national ocean
policy to make healthy marine ecosystems degraded marine ecosystems.
s Any action that may significantly affect
the priority.
s Establish the main objective of the new United States’ ocean waters or ocean
national policy as the protection, mainte- resources will not be permitted unless
nance, and restoration of the health of and until it is demonstrated that the action,
marine ecosystems. individually or in combination with other
s Require that marine resources be used actions, will not significantly harm a marine
in an ecologically sustainable manner.* ecosystem, nor impede its restoration.
s Manage ocean activities consistent with
the protection, maintenance, and restora- Establish a strong implementation and
tion of marine biological diversity. compliance regime.
s In the case of uncertain or inadequate s Any federal agency proposing an action
*The Commission recommends defining ”ecologically sustainable” to mean maintaining biological diversity, or ecosystem
structure and functioning from one human generation to the next, so as not to deny future generations the goods and ser-
vices provided by marine ecosystems that are enjoyed today (adapted from the Convention for the Conservation of Antarctic
Living Marine Resources).
†”Healthy marine ecosystem” refers to the capability of an ecosystem to support and maintain a productive and resilient
community of organisms that has a species composition, diversity, and functional organization comparable to the natural
habitat of the region. Such an ecosystem is capable of providing a range of ecological goods and services to people and other
species in amounts and at rates comparable to those that could be provided by a similar undisturbed ecosystem.
102
(including a license or permit) that is likely to incorporate new scientific informa-
to significantly affect U.S. ocean waters tion or sound management concerns.
or ocean resources must consult with the
head of the National Oceans Agency. The councils are charged with developing
The agency head will determine whether regional ocean governance plans.
s Enforceable regional ocean governance
the proposed action is likely to harm the
health of a marine ecosystem. If so, the plans should be developed in compliance
ocean agency head will recommend with NOPA to protect, maintain, and
changes to the proposed action to bring it restore marine ecosystems. At a minimum,
into compliance with the national stan- these plans should address
dards. • management of living marine resources;
s Each agency proposing an action is • protection of habitat;
ultimately responsible for compliance • protection of water quality;
with the national policy and standards. • management of development affecting
marine ecosystem health.
s Regional plans are subject to the approval
2. IMPLEMENT REGIONAL
of the new federal oceans agency.
OCEAN GOVERNANCE.
Establish regional ocean ecosystem coun-
cils. Regional councils should be representative
s As part of the National Ocean Policy Act, and democratic.
s Federal, state, and tribal authorities
Congress should establish regional ocean
ecosystem councils that focus on the with jurisdiction over ocean space and
state/federal relationship at the regional resources in a region constitute the execu-
scale and consist of appropriate federal, tive decision-making core of regional
state, and tribal representatives. ocean ecosystem councils.
s The major task of the regional councils is s Participation by the broadest possible
to develop and oversee the implementa- range of stakeholders—including local
tion of comprehensive regional ocean gov- government officials, fishermen and other
ernance plans. ocean resource users, and the general pub-
s The councils’ geographic boundaries lic—should occur through a robust and
should be defined by statute and estab- influential advisory process.
s Regional plans are required to be consis-
lished initially to coincide with the
jurisdictional boundaries of the regional tent with the national policy and standards
fishery management councils established of NOPA.
by the Magnuson-Stevens Act.
• Boundaries may be adjusted within a Regional ocean governance plans should
few years, and as necessary thereafter, be based on science.
103
s Councils should establish a science s States are required to comply with
advisory committee to provide indepen- enforceable policies of approved plans.
s The federal government can preempt
dent advice and, where appropriate,
peer review. state actions not in compliance with a
s Regional ocean governance plans should regional plan.
s Third parties, through citizen suits
assess the history and state of the marine
ecosystems in the region, including influ- under NOPA, can sue in federal court
ences from adjacent terrestrial ecosystems. to compel compliance of any party
s Plans should identify key threats to marine (including the regional ocean ecosystem
ecosystem health in the region and gaps council as an entity) with a regional
in knowledge and information. ocean governance plan.
s Plans should provide for the development s Default regional plans, developed by the
and monitoring of criteria and indicators lead federal oceans agency, should be
of the health of marine ecosystems in imposed in the event that a regional ocean
a region. council fails to develop an approvable
s Plans should establish clear and measura- plan within a reasonable time.
ble management and restoration goals for
marine ecosystem health. Regional ocean ecosystem councils should
coordinate with regional fishery manage-
Council plans should be clearly ment councils and other relevant entities.
s Regional ocean councils should review
enforceable.
s NOPA requires federal agencies to comply proposed state, federal, and regional gov-
with enforceable policies of an approved ernment actions and advise the agencies
regional ocean governance plan. proposing these activities on consistency
s The consistency authority of the Coastal with regional ocean governance plans.
s Regional ocean councils should coordinate
Zone Management Act should be expand-
ed to include regional ocean governance among these authorities to ensure that
plans. This will allow states to hold federal ecosystem health is taken into account at
actions to consistency with regional ocean all levels of government.
s Regional ocean councils should leave day-
governance plans.
s States can appeal federal actions not in to-day management to the appropriate
compliance with a regional plan to the authorities. For example, federal fisheries
National Oceans Agency and/or seek management would remain the purview of
injunctive relief in federal court. the National Marine Fisheries Service and
s Regional councils should assign clear roles the appropriate regional fishery manage-
and responsibilities among authorities. ment council.
104
s The National Marine Fisheries Service and • greater say-so in the management of
the fishery management councils marine resources throughout the
must ensure that their actions are consis- Exclusive Economic Zone.
tent with applicable regional ocean
governance plan(s). Regional ocean ecosystem councils should
s The regional ocean ecosystem councils’ use zoning as part of their regional gover-
role would be to consult with these entities nance plans.
s Regional councils should utilize ocean
regarding ecosystem concerns related to
fisheries management, and to periodically zoning to improve marine conservation,
assess overall progress toward achievement actively plan ocean use, and reduce
of the goals and policies of the regional user conflicts.
ocean governance plans. s Regional ocean governance plans should
s Regional ocean governance plans need to consider a full range of zoning options.
be informed by the expertise and latest This includes marine protected areas, areas
thinking of fishery management councils, designated for fishing, oil and gas develop-
metropolitan planning organizations, ment, as well as other commercial and
national estuary and watershed councils, recreational activities.
s Ocean zoning should be implemented
and other local and regional authorities.
using a sequential building-block
Strong incentives for participation approach, starting with priority areas and
should be provided. essential components—such as marine
s Substantial federal funding should be pro- reserves—first.
vided for the development and implemen- • Initially, area-based management should
tation (including enforcement) of regional begin with coordinating existing zones
ocean governance plans, the operation of in the ocean, such as areas closed to
regional ocean councils, and for ongoing fishing, shipping lanes, and areas for oil
monitoring and assessment. and gas extraction.
s States should be required to provide some • During this period, at a minimum, the
level of matching funds. legislative moratorium that prohibits oil
s Nonfinancial incentives for state and local and gas development in certain ocean
government include areas should continue. Thereafter, any
• improved resource productivity through Congressional action to revise the
comprehensive, ecosystem-based man- moratorium should take into considera-
agement from 0 to 200 miles offshore; tion the recommendations contained in
• harmonization of state and federal the regional ocean governance and
management of marine resources; zoning plans, and should be consistent
105
with the national ocean policy of pro- conservation and management planning
tection and maintenance of healthy and implementation authority to establish
ocean ecosystems. marine reserves or networks of marine
• Over the next decade, ocean zoning reserves within designated marine protect-
should be applied more broadly on a ed areas (i.e., the National Marine
regional basis to comprehensively plan Sanctuaries Program, National Parks,
and manage all activities in the oceans. National Wildlife Refuges).
The new national oceans agency should
3. ESTABLISH A NATIONAL SYSTEM
manage the national system of marine
OF MARINE RESERVES.*
Congress should provide a mandate and reserves.
s The agency should be responsible for the
authority for designating a national system
of marine reserves. development, implementation and man-
s The regional ocean ecosystem councils agement of reserves created under new
should be empowered to designate areas authority in federal waters and for the
of regional importance as marine reserves coordination of federal agencies managing
or networks of marine reserves. These marine reserves under existing authority.
s The agency should work with the states
reserves should reflect regional priorities
and protect significant species and habi- and regional ecosystem councils to co-
tats. manage reserves that contain federal and
s Congress should direct the national oceans state waters and coordinate with other fed-
agency, working in coordination with eral agencies, such as the Department of
regional ocean ecosystem councils, to the Interior, where federal land is adjacent
establish an inventory of potential reserves to protected waters.
and nominate areas for Congress to con-
sider including in the national reserve sys- A national system of marine reserves
tem. should encompass significant portions of
s Congress should designate areas of special ecosystems and multiple habitats, includ-
national significance as marine reserves. ing both benthic and pelagic components.
Continue efforts to establish marine The establishment of marine reserves
reserves under existing authority. should not await action on a comprehen-
s Federal agencies should use their existing sive ocean zoning program.
*A marine reserve is a type of marine protected area in which all extractive, additive, or ecologically destructive
human activities are prohibited on a lasting basis, except as necessary for evaluation of reserve effectiveness and
appropriate research. Destructive human activities include, but are not limited to, those that alter habitats, harm or
kill organisms, or change the dynamics of the ecosystem.
106
4. ESTABLISH AN INDEPENDENT 5. ESTABLISH A PERMANENT NATIONAL
OCEANS AGENCY. OCEANS COUNCIL.
Congress should establish a National Establish by statute a permanent national
Oceanic and Atmospheric Agency as an oceans council within the Executive Office
independent agency outside the of the President. Its objectives will be to
s provide well-structured interagency
Department of Commerce.
s The agency’s main objective is to coordination on oceans issues and
oversee the implementation of NOPA resolve interagency disputes on NOPA
on a national scale. implementation;
s This agency should consist, at a minimum, of s facilitate coordination among federal
• the current bureaus and programs of programs that have substantial effects
NOAA;* on the ocean but are outside the national
• the ocean minerals program of the oceans agency. These include defense
Minerals Management Service operations, programs affecting coastal
(Department of the Interior); water quality at USDA and the Department
• the marine mammal and seabird juris- of Transportation, and the conduct of
diction and programs of the U.S. Fish international ocean policy at the State
and Wildlife Service (to place all ocean Department;
s make recommendations to the President
wildlife under the jurisdiction of the
oceans agency); regarding resolution of interagency disputes
• the Chesapeake Bay Program and the that cannot be resolved by the council;
s ensure that all agencies are complying
National Estuaries Program at EPA;
• coastal and marine components of EPA’s with the National Ocean Policy Act;
s coordinate and certify agency ocean budg-
Environmental Assessment and Monitor-
ing Program (to create a unified coastal ets regarding national ocean policy.
and marine monitoring capability);
• aquaculture programs for marine Implement a Council structure that
species at USDA; empowers the new national oceans agency
• shoreline protection (beach renourish- to lead on ocean issues.
s Designate the head of the national
ment and coastal erosion prevention)
activities of the Army Corps of oceans agency as chair of the new national
Engineers. oceans council.
*Since the U.S. Coast Guard has been transferred to the new Department of Homeland Security, the Commission decided not
to recommend that it be included in the new national oceans agency. However, the Coast Guard’s environmental enforcement
and oil and hazardous materials spills responsibilities are important safeguards for the nation’s marine resources, and it will be
vital that the Coast Guard continue to uphold these missions within the new department. The Coast Guard’s presence on the
water will likely increase because of national security concerns, which may result in greater opportunities for fisheries and envi-
ronmental monitoring and enforcement.
107
s Specify council membership by law to Executive Office of the President. The
include position should be required by law and
• Secretary of the Interior; the national oceans adviser should
• Administrator of the EPA; • be named executive director of the
• Secretary of State; national oceans council;
• Secretary of Defense; • have a small staff to service
• Secretary of Agriculture; the council;
• Secretary of Transportation; • advise the President on ocean issues
• Secretary of Homeland Security; in general, matters related to the
• Director of the Office of Management National Ocean Policy Act, and actions
and Budget; of the council.
s Establish a Deputies Committee at the
• Director of the National Science
Foundation; assistant secretary level for day-to-day
• Other department and agency heads implementation of policy, to prepare issues
who from time to time are directed by for the council, and to oversee implemen-
the President to attend. tation of council and presidential deci-
s Establish a position of national oceans sions. The national oceans adviser should
adviser to the President within the chair the Deputies Committee.
Joel W. Rogers
West Point Lighthouse, Seattle, Washington
108
Chapter Eleven
RESTORING AMERICA’S FISHERIES
Lobster buoys in York, Maine
Deb Antonini/Pew Oceans Commission
Congress should amend the Magnuson-Stevens Develop specific, measurable criteria and
Act and other applicable fisheries laws to codify indicators for the health and integrity of
the following recommendations as national marine ecosystems.
s Conduct a Committee of Scientists process
marine fishery policy.
similar to that followed under the National
Forest Management Act.
1. REDEFINE THE PRINCIPAL
OBJECTIVE OF AMERICAN MARINE
FISHERY POLICY TO PROTECT 2. SEPARATE CONSERVATION AND
MARINE ECOSYSTEMS. ALLOCATION DECISIONS.
s The principal objective of American fishery Create a clear separation between conser-
policy should be to protect the long-term vation and allocation decisions in the fish-
health and viability of fisheries by protect- ery-management planning process.
s Core conservation decisions should be
ing, maintaining, and restoring the health,
integrity, productive capacity, and made by the NMFS, or a revamped fishery
resilience of the marine ecosystems upon service within a new independent oceans
which they depend. This objective should agency. These decisions should originate at
apply to all U.S. ocean waters. the regional offices with oversight by the
s The socioeconomic objective of American national headquarters office. At a mini-
marine fishery policy should be to mum, these decisions include setting
conserve and manage fisheries in order • ecologically safe levels of exploitation
to support diversity, flexibility, resilience, (total catch and bycatch limits);
and adaptability within the industry and • specific habitat and area protections;
fishing communities. • specific protected species requirements
(threatened and endangered marine
Establish an explicit statutory priority mammals, sea turtles, seabirds, and
between these objectives. fish).
s In cases of conflict between objectives s Conservation decisions should be based
or in cases where information is uncertain upon recommendations from regional
or inconclusive, the principal ecological science and technical teams—composed
objective should always take precedence of federal, state, and academic scientists.
over the socioeconomic objective, for • Regional science groups should recom-
the simple reason that achieving social mend ecologically safe catch limits and
and economic objectives depends upon other conservation criteria for a fishery
healthy ecosystems. management plan, informed by—and
109
consistent with—goals, indicators, and scientific audits by the National Academy
targets of a regional ecosystem plan. of Sciences, or both.*
• The work of the regional science groups
should be regularly subject to inde- Allow citizen suits.
s Include a citizen suit provision in fishery
pendent peer review.
s The regional fishery councils should make conservation and management laws like
allocation decisions. those in most other major federal environ-
• Allow individual fisheries to develop mental statutes. Citizens must be allowed
their own allocation plans pursuant to to hold fishery managers who violate the
approval and coordination of plans by law accountable, or to force reluctant or
the regional fishery councils. negligent fishery management agencies to
enforce the law.†
• Allow regional councils to improve
upon or set higher conservation stan-
dards than those established in federal 3. IMPLEMENT ECOSYSTEM-BASED
law or by NMFS, but ensure that estab- PLANNING AND ZONING.
lished conservation standards are not Implement affirmative planning and
undercut in the allocation process. management.
s Prohibit fishing without an approved plan.
• NMFS should retain authority to review a
s Require management of core problems
council’s allocation decisions for con-
sistency with conservation. such as bycatch, habitat damage, and
• NMFS should retain responsibility for overcapacity as a condition of fishing.
s Require a cooperative data-collection and
implementation after the conservation
and allocation planning processes are planning program for existing fisheries
completed. where information is inadequate to deter-
mine whether overexploitation is occur-
Create a mechanism that regularly provides ring. Such programs should be modeled on
independent scientific oversight. an emerging fisheries policy.
s Enact an emerging fisheries policy.††
s Establish a Marine Fisheries Oversight
Commission along the lines of the Marine • The purpose of the policy should be to
Mammal Commission, or require periodic allow industry development of new fish-
*An independent commission would likely exert more effective and consistent oversight by staying involved in
ongoing planning, participating in decision-making processes as events occur rather than after the fact, and building
institutional memory.
†The Commission has no desire to see the federal courts manage marine fisheries, but allowing citizens to seek
redress through the courts is part of our constitutional system of checks and balances and a central element of good
government.
††Concepts from Alaska’s Emerging Fishery Policy informed the development of this recommendation.
110
eries in a manner that promotes sound fishery management plans to proactively
scientific management and long-term partition planned areas into sections desig-
conservation of the resources being nated for specific uses.
developed and the relevant ecosystem. • Areas not designated for particular uses
• Potential development of new fisheries should be closed to those uses.
should be allowed through exploratory • Managers should evaluate the life histo-
fishing permits. To obtain such a permit, ry and habitat requirements of species
applicants should work with the relevant to determine the appropriate types of
fishery management authority to develop area management tools to employ,
a research and management plan detail- including spatial and temporal closures,
ing how the necessary stock assessment spawning closures, habitat protection
and other research on and management areas, bycatch reduction areas, and
of the stocks proposed for the new fish- marine reserves.
ery will be funded and conducted. • Closed areas should be a required ele-
• Matching grants should be available for ment for any fishery management plan
the industry to assist with management in which there is substantial uncertainty
and administrative costs. or lack of information about the status
• If approved, the new fishery should only of heavily exploited major fishery
be allowed to expand if accumulated stocks.
knowledge shows the fishery can grow
in an ecologically sustainable manner. 4. REGULATE USE OF FISHING GEAR THAT
IS DESTRUCTIVE TO MARINE HABITATS.
Implement ecosystem-based fishery Create a fishing-gear zoning program
management. designed to protect seafloor habitats from
s Make marine ecosystems the organizing the adverse impacts of fishing practices.
principle for fishery management. The program should have an immediate
s Require that fishery management plans are and a transition phase. Regulations should
developed based upon consideration of be developed immediately to
s prohibit the use of mobile bottom fishing
how the entire ecosystem that supports the
fishery will be affected by fishing. gear in habitat areas known to be especial-
s Redefine overfishing in an ecosystem context ly sensitive to disturbance from such gear,
to consider the level of fishing that has detri- including but not limited to coral-reef and
mental effects in the ecosystem, even though deepwater coral habitats, complex rocky
it may not harm a particular target species. bottoms, seamounts, kelp forests, seagrass
beds, and sponge habitats;
s prevent expansion of mobile bottom gear
Apply zoning in fishery management plans.
s Incorporate comprehensive zoning within into geographical areas where it is not
111
presently employed; to determine fisheries dependent on
s prevent expansion of the numbers of such gear;
vessels employing mobile bottom gear by • providing funding to replace gear in
• restricting the numbers of licenses, fisheries that cannot be viably conduct-
permits, or endorsements to no more ed without mobile bottom gear.
s Fund a gear-modification research program
than current fleet sizes;
• allowing transfers of licenses only to to redesign mobile bottom gear to reduce
gears that are documented to have habitat damage in fisheries that cannot be
lower impacts on habitats; viably fished without such gear.
s Close areas to mobile bottom gear fishing
• allowing reentry of latent mobile gear
effort only with gears documented to if NMFS fails to implement the zoning
have lower impacts on habitats. regime by the end of five years, unless and
until it has been determined that the best
Over a five-year transition period, imple- available science indicates such gear can
ment a zoning regime that (a) limits bottom be used without altering or destroying
trawling and dredging to only those areas important or significant amounts of habitat
where best available science indicates that or reducing biodiversity.
such gear can be used without altering or
destroying important or significant 5. REQUIRE BYCATCH MONITORING AND
amounts of habitat; and (b) closes all other MANAGEMENT PLANS AS A CONDITION
areas to these fishing practices. OF FISHING.*
s Convene an independent panel to s The statutory goal of these plans
develop rigorous scientific criteria and should be to reduce bycatch to levels
implement a science-based process approaching zero.
s The statutory definition of bycatch should
for designating zones open to mobile
bottom gear fishing. be broadened to include incidental mortal-
s Implement a gear-substitution program ity of all nontarget species (fish and other
to reduce the use of mobile bottom gear by living marine resources), and mortality by
• conducting a viability assessment lost or abandoned gear.
*The Commission’s investigation identified the following principles to guide bycatch management:
– timely collection, compilation, and analysis of data are fundamental to conservation and management; onboard
observer programs are the most effective bycatch monitoring scheme and should be used wherever practicable;
– successful bycatch management must be tailored to the specific set of circumstances for each fishery, gear type,
ecosystem, and species;
– effective bycatch monitoring and reduction programs usually depend on a complementary combination of tech-
nology and management measures;
– involving fishermen in the bycatch decision-making process is critical for buy-in with outcomes and innovation;
– scientifically established bycatch limits are necessary for conservation and to encourage innovation by fishermen;
– a specific trigger, rather than just a broad mandate to monitor and minimize bycatch, is required to bring the nec-
essary parties to the negotiating table and compel them to develop bycatch plans.
112
s Bycatch plans should include, at a 6. REQUIRE COMPREHENSIVE ACCESS
AND ALLOCATION PLANNING AS A
minimum,
CONDITION OF FISHING.*
• an observer program or other appropri-
Establish a mandatory national policy to
ate, effective monitoring scheme;
guide development of fishery allocation
• total fishing mortality limits that include
plans. Each allocation plan should, at a
bycatch;
minimum,
• a requirement that bycatch mortality be
s limit access and entry to all fisheries to
factored into stock assessments.
s The National Marine Fisheries Service help shape and match the size of fishing
fleets and their catching capacity to the
should establish by regulation national cri-
health of exploited populations and the
teria that determine what constitutes an
integrity, productive capacity, and
adequate and appropriate bycatch moni-
resilience of marine ecosystems;
toring and minimization plan under differ-
s implement precautionary total allowable
ent circumstances (e.g., minimum observer
catches (TAC), or alternative fishing privi-
coverage levels). Only plans that meet
leges that demonstrably control exploita-
these criteria and applicable federal laws
tion within ecologically safe limits;
should be approved.
s allocate privileges in ways that properly
s Each fishery should be allowed to develop
align incentives, allow for the orderly
its own plan. A tightly constructed stake-
operation of a fishery (e.g., individual
holder process modeled on the Marine
or community fishing quota programs),
Mammal Protection Act Take Reduction
and maintain flexibility, resilience, and
Teams should be the principal mechanism
adaptability within the industry and
to develop these plans. The lobster zone
fishing communities;
councils used in the Maine lobster fishery
s reduce fishing capacity where necessary,
provide another potential model.
s Individual bycatch quotas for valuable using transitional buyback programs
and providing other transition assistance
fish species (except threatened and
for displaced fishermen and affected
endangered species) could be used to
fishing communities;
manage bycatch. Conservative catch quo-
s recover an appropriate share of the contin-
tas should be set for species, accounting
uing costs of fisheries management,
for intended and unintended catch.
enforcement, and research as well as addi-
Fishermen should be allowed to keep fish
tional funds to mitigate potential adverse
they catch within conservative limits,
effects of fishery allocation plans on indi-
rather than being forced to discard and
viduals and communities;
waste one species because they are in a
s be subject to a double referendum where a
target fishery for another.
*Several aspects of this recommendation are modeled on the California Restricted Access policy.
113
super majority of the permit/license and fishing power goal appropriate for
holders in a fishery approves the initial the fishery and require mechanisms and
development as well as implementation schedules for achieving that goal if the
of the plan; fishery has excess capacity. Capacity
s be reviewed at least every five years. If goals should be based upon appropriate
appropriate, the plan should be revised to ecological, social, and economic analy-
ensure it continues to meet the objectives ses of the relevant fishery and ecosys-
of this policy, the public interest, other rel- tem. The goal should be stated as a
evant laws and regulations, and fishery clear, measurable, and objective factor,
participants. or set of factors, that fairly represent the
catching capacity or fishing power of
If a fishery or regional fishery management the fleet.
council fails to revise or update an imple- • Each fishery should design a mandatory
mentation and allocation plan when apprenticeship program to create a
required, a default plan should be imposed mechanism for new entrants to the fish-
by the federal fishery agency. ery. These programs should foster
improved stewardship through training
Limit access and entry to all fisheries. in conservation and responsible fishing
s Subject all participants in U.S. fisheries to practices. Only those prospective new
permitting or licensing, both a general fish- entrants who complete the program can
ing permit/license as well as fishery- receive a license.
specific permits/licenses.
• Require that limited access/entry pro- Apply fishing privileges, such as precau-
grams be designed to keep the level of tionary total allowable catches (TACs),
catching capacity and fishing power in known to effectively control exploitation
any fishery slightly under the level that within ecologically safe limits.
s Implement a three-year monitoring pro-
is ecologically sustainable. For some
severely depleted fisheries, it will be gram for any fisheries that use indirect
necessary to develop a plan to reduce approaches* to limit catches in order to
capacity initially and to provide a determine if the fishery can keep catches
mechanism that allows appropriate below the target TAC.
s Impose default TACs if the monitoring pro-
increases in catching capacity as the
stock rebuilds. gram shows that catches are exceeding the
• Each plan should set a catch capacity biologically safe limits.
*By definition, indirect approaches to limit exploitation of fish populations, such as reducing the number of allowed
fishing days, do not directly control the amount of catch. The Commission’s investigation identified that indirect
approaches are unreliable and inefficient.
114
Allocate fishing privileges to align incen- fishing communities resulting from
tives, allow for the orderly operation of a the transition to adaptive, ecosystem-
fishery, and maintain flexibility, resilience, based management;
and adaptability within the industry and • assess the performance of the program
fishing communities. to ensure it continues to meet the
s Individual or community fishing quotas objectives of the national policy;
(IQs or CQs), if properly monitored and • revise the program if it fails to
enforced, appear to be among the more meet clear conservation performance
effective allocation mechanisms. standards, timetables, and other
s For instances where IQs or CQs are chosen evaluation criteria.
to allocate direct catch limits, they should 3. Prevent excessive consolidation and
be implemented according to the following concentration of economic power by
three national standards: establishing an excessive shares cap to
1. Periodically allocate quota using a com- limit the amount of quota any one per-
bination of catch history records, bids son or corporation can own.
in the form of offered royalty payments
on the catch, and conservation commit- Reduce fishing capacity, where necessary,
ments offered by the bidder. with transitional buyback programs and
• Partition quota into different categories provide other transition assistance for
for different types of fishing operations displaced fishermen and affected fishing
before being auctioned—some for large communities. Such programs should
s retire capacity permanently rather than
vessels and corporations, some for
owner operators and smaller vessels, allowing it to shift to other fisheries;
s restrict activation of latent fishing capacity
some for new entrants, etc. Quota
should also not be transferable among in the buyback fishery;
s reduce the incentives and subsidies
these different categories.
• Place royalty payments in a secure fund that could encourage remaining fishery
to be used initially for buybacks and participants to increase their fish-
community economic development and catching capacity.
then for cost recovery. Funds beyond
cost recovery should go toward 7. ESTABLISH A PERMANENT
improved fishery research, manage- FISHERY CONSERVATION AND
ment, and enforcement. MANAGEMENT TRUST FUND.
s The fund should be available without
2. Regularly review and evaluate quota
programs to appropriation or fiscal year limitation.
s It should be used only for the purposes of
• maintain flexibility in anticipation
of changes within the industry and improving fishery research, data collection,
115
management, enforcement, and habitat munity, and appropriate local governments
restoration. In the first 5 to 10 years of to ensure that revenues are apportioned
operation, it should also be available for fairly and wisely.
s The fund should not be used to defray the
transitional buyback and community
development programs. general costs of government or to absolve
s Revenues should be applied within the the federal government of responsibility to
region where they were collected. fund fishery and ecological research and
s Within regions, the fund should be science.
s Potential revenue sources for the fund
shared fairly among the federal govern-
ment and state programs for coastal include, but should not be limited to
fishery management. • revenues generated by royalty payments
s The Secretary of Commerce should appoint on landed catch (calculated as a per-
regional advisory panels with equal repre- centage of the value of the landed fish);
sentation from members of the industry, • fees collected from fines and
scientific community, conservation com- other penalties.
Jeff Rotman/www.jeffrotman.com
Plaice and flounder in a trawl net off Cape Cod, Massachusetts
116
Chapter Twelve
PRESERVING OUR COASTS
Development near Charleston, South Carolina
Dana Beach, South Carolina Conservation League
1. ADDRESS NONPOINT SOURCE Require watershed-based water quality
POLLUTION AND PROTECT WATER compliance planning.
s The Clean Water Act requires that states
QUALITY ON A WATERSHED BASIS.*
Establish water quality standards for determine the total maximum daily load
nutrients in rivers, lakes, estuaries, and (TMDL) of pollutants that a water body can
coastal waters. absorb and still satisfy water quality stan-
s Water quality standards under the Clean dards, including meeting designated uses.
Water Act are a legally enforceable bench- EPA should require timely development of
mark against which progress toward TMDLs, identifying point and nonpoint
addressing nonpoint and other sources of sources of pollution and the specific pollu-
pollution can be measured. tion reductions from point and nonpoint
s While standards for many toxic pollutants sources necessary to comply with the law.
s For coastal watersheds, plans already devel-
exist, few areas have standards for nutrients.
Given the pervasiveness of the nutrient pollu- oped under the Coastal Nonpoint Pollution
tion problem, additional resources should be Control Program of the Coastal Zone
devoted to accelerate development of nutri- Management Act provide the core of an
ent standards for major aquatic habitats. enforceable watershed protection strategy.
s EPA should use existing authorities to rein-
Take additional steps to control major uncon- vigorate the “continuing planning process”
trolled or undercontrolled sources of nutri- required by the Clean Water Act, making it
ent pollution.† a process through which the states achieve
s EPA should ensure that states are control- the point and nonpoint source pollution
ling major underregulated point sources of reductions indicated by TMDLs. States
pollution—such as concentrated animal should use TMDLs as a blueprint for action
feeding operations and stormwater. to address water quality problems at the
s Congress should amend the Clean Water watershed level.
Act to require states to control nonpoint
sources of pollution. Provide a complementary suite of incentives
s Eligibility for federal agricultural subsidies for improving water quality and disincentives
should be conditioned on the implementa- for activities that harm water quality.
s Congress should give the states flexibility to
tion of best management practices for con-
trolling polluted runoff from farms and fields. use negative interest loans and grants from
*Some of these recommendations overlap with recommendations on point and nonpoint source pollution. They are
presented here to illustrate the Commission’s suggestion for a comprehensive, watershed-based approach to con-
trolling all forms of water pollution.
†For details, see recommendations 1 and 2 in Chapter 13.
117
the State Revolving Fund established by the ment; recognizes that the impacts of offshore
Clean Water Act to address nonpoint oil and gas development, and the onshore
sources of pollution. infrastructure required to support it, are
s Funding for the control of nonpoint source greatest in the coastal zone; ensures that
pollution under the Clean Water Act should grants to states and communities are used for
be tied to progress in reducing nonpoint environmentally beneficial purposes.
source pollution, and specifically to
implementation of TMDLs, where these Congress should make comprehensive habi-
are in place. tat-protection planning by the states a condi-
s Funding and incentives provided through the tion for receipt of any new, dedicated federal
farm conservation programs administered by conservation funds.
s While the bulk of funding should go to
USDA and federal transportation legislation
to address nonpoint source pollution associ- actual habitat protection, a reasonable por-
ated with agriculture and transportation tion of the funding should be set aside for
infrastructure should be coordinated with habitat-protection planning.
s In addition to fee title acquisition, habitat-
watershed-protection strategies.
s Federal subsidies for agriculture, trans- protection programs should purchase, or
portation, and other kinds of development solicit the donation of, development rights
that contribute to nonpoint source pollu- and conservation easements to maximize
tion should be tied to progress toward conservation benefits.
s Public and private entities involved in habi-
compliance with the Clean Water Act,
specifically to progress in reducing tat and watershed protection should
nonpoint source pollution and attaining strengthen and expand existing partner-
water quality standards. ships, and seek out new partnerships, to
protect coastal ecosystems.
2. IDENTIFY AND PROTECT FROM
Congress should expand the scope of the
DEVELOPMENT HABITAT CRITICAL FOR THE
Coastal Zone Management Act to include a
FUNCTIONING OF COASTAL ECOSYSTEMS.
Congress should provide a significant, dedi- mandate for coastal habitat protection
cated, and permanent source of funding for through property acquisition, cooperative
habitat protection. management, and technical assistance.
s Congress should consider revenue derived s Congress should amend the Coastal
from outer continental shelf oil, gas, and Zone Management Act to create a
mineral development for this purpose. coastal habitat protection fund adminis-
s Funding should be allocated to the states and tered by the National Estuarine Research
territories in a way that does not provide an Reserve System.
s To meet its new responsibilities, the
incentive for offshore oil and gas develop-
118
National Estuarine Research Reserve Congress and the executive branch should
System should be given a strong, unam- ensure that federal activities support, not
biguous stewardship mission. undermine, state and local efforts to
• Congress should direct the National manage growth.
s Federal transportation and development
Estuarine Research Reserve System to
develop innovative partnerships for funding should be available only to states
watershed protection among all levels of that are complying with federal environmen-
government and the private sector. tal laws. (See details under coastal develop-
ment recommendation number 4 below.)
s Federal grants and loans should be required
3. INSTITUTE EFFECTIVE MECHANISMS AT
to be used consistent with state and local
ALL LEVELS OF GOVERNMENT TO MANAGE
growth management efforts.
DEVELOPMENT AND MINIMIZE ITS IMPACT
s Tax structures should be examined at all lev-
ON COASTAL ECOSYSTEMS AND THEIR
els of government to ensure that they are sup-
WATERSHEDS.
Municipalities and counties should change porting compact, appropriately sited growth.
their zoning and subdivision codes to pro-
mote compact growth near urban centers, 4. REDIRECT GOVERNMENT PROGRAMS
to discourage growth outside town centers AND SUBSIDIES AWAY FROM HARMFUL
in rural areas, and to reduce impervious COASTAL DEVELOPMENT AND TOWARD
surface cover wherever possible. BENEFICIAL ACTIVITIES, INCLUDING
RESTORATION.
States should take a more active role in Congress should enact substantial reforms of
managing growth. the Army Corps of Engineers, including
s Protect environmentally sensitive lands, as s legislation ensuring that Army Corps of
discussed under coastal development rec- Engineers projects are environmentally and
ommendation number 2. economically sound, and reflect national
s Require local growth-management planning priorities articulated in the new National
as a condition for receipt of state and pass- Ocean Policy Act;
s uniform standards for Army Corps partici-
through federal development assistance, and
ensure that state and local growth and trans- pation in shoreline restoration projects,
portation planning comport with statewide which ensure that
habitat protection plans. • the full range of alternatives to inter-
s Coordinate policies and practices among vention in coastal geological processes
local jurisdictions and, to the extent is considered,
possible, with adjacent states to ensure • costs and benefits are considered
a rational regional approach to growth broadly and over a minimum 50 year
management. time horizon, and
119
• mitigation is carried out in those cases plain management policy that emphasizes
where intervention is justified. nonstructural control measures.
s transformation of the Corps—over the s Appropriate measures would include
long term—into a strong and reliable force buyouts, zoning changes, and the purchase
for environmental restoration, to work of flood easements in concert with engi-
in partnership with natural resource neering measures to restore natural flood-
management agencies. (Mechanisms for plain functioning.
this change include authorization and
appropriations bills.) Congress should condition eligibility for
federal transportation, development,
Congress should reform the National Flood and agriculture aid on compliance with
Insurance Program. environmental laws.
s Set premiums that reflect the true risk s Federal transportation and agriculture
of coastal hazards. subsidies should be contingent on EPA
• Additional funds could be used to certification of sufficient progress toward
enhance the buyout program, further compliance with the Clean Water Act, and
reducing exposure of the program. specifically with development and imple-
s Phase out coverage of repetitive mentation of TMDLs, where these are need-
loss properties. ed to achieve water quality standards and
• Congress should provide more funding designated uses.
s For areas where transportation infrastruc-
for buyout programs.
• Legislative changes should terminate ture and the land-use patterns resulting
coverage for most properties after a from it are substantially contributing to
certain number of claims. water quality impairment, Congress should
s Deny coverage for new development • require that state transportation plans
in hazardous or environmentally assess and address the effect of trans-
sensitive areas.* portation projects (and induced devel-
opment) on water quality;
Congress should direct the Army Corps of • set aside a portion of federal funds for
Engineers, FEMA, and other appropriate these purposes.
agencies to develop a comprehensive flood-
*The Commission recognizes that on many islands there may be no developable land that is not within the flood-
plain. It does not advocate denying flood insurance solely based on location in the floodplain in these cases, but
building codes and the siting of new development should take into account relative risk (such as elevation above
sea level) in all cases.
120
Chapter Thirteen
CLEANING COASTAL WATERS Getty Images Inc.
These recommendations will be most effective Department of Transportation, and other
if implemented as part of a comprehensive, appropriate agencies—should establish
watershed-based approach to controlling baseline standards for best management
water pollution. The Commission’s recom- practices (BMPs) to control runoff, as it has
mended strategy for watershed-based water done with technologies and practices to
quality protection is described in detail in the control point source pollution.
s The EPA, USDA, U.S. DOT, and other appro-
coastal development sections of this report.
priate agencies should jointly identify and
publicize regionally appropriate nonpoint
1. REVISE, STRENGTHEN, AND
source BMPs, develop a program for certify-
REDIRECT POLLUTION LAWS TO FOCUS
ing their implementation, and monitor their
ON NONPOINT SOURCE POLLUTION ON
effectiveness in reducing pollution.†
A WATERSHED BASIS.
All states should establish ambient water
quality standards for nitrogen, and on a Compliance with the CWA should be a
watershed-by-watershed basis identify addi- condition for receipt of federal funding for
tional nutrients and toxic pollutants for activities—such as agriculture and trans-
which water quality standards are needed to portation—that contribute substantially to
protect the health of marine ecosystems. polluted runoff.
s Numerical standards should be established s The implementation of BMPs to control
where possible, but narrative standards polluted runoff should be a condition for
may be needed for nutrients so that eco- receipt of federal agricultural subsidies for
system effects of eutrophication are identi- farms and animal feeding operations above
fied and addressed.* specified sizes.
s Progress toward compliance with the CWA
Congress should amend the Clean Water Act should be a condition for state eligibility
(CWA) to require the use of best manage- for federal transportation funds. (The link-
ment practices for agriculture and develop- age between transportation, transportation
ment to control polluted runoff. funding, land use and nonpoint source pol-
s The EPA—in consultation with the U.S. lution is described in detail in the coastal
Department of Agriculture, U.S. development sections of this report.)
*Under the Clean Water Act, EPA first develops water quality criteria for pollutants, and then the states implement
water quality standards consistent with these criteria. EPA has set 2004 as the date certain for the development of
nutrient criteria for freshwater; guidelines for the development of criteria have been completed for estuaries, while
guidelines for coastal and wetlands criteria have yet to be completed.
†Examples of well-established BMPs include planting winter cover crops; returning marginal farmland to wetlands
and expanded floodplains; removing land vulnerable to high rates of erosion and nitrogen loss from production;
constructing wetlands and vegetative buffers to intercept the drainage from farm fields; and reducing the application
of nitrogen-based fertilizer to lawns and golf courses.
121
Congress and the executive branch should atmospheric deposition of these pollutants
develop and deliver a broad package of incen- on marine ecosystems.
tives to reduce nonpoint source pollution.
s Congress should establish a “yield guaran- 2. ADDRESS UNABATED POINT
tee” program under which farmers who SOURCES OF POLLUTION.
verifiably reduce their use of nitrogen- Concentrated animal feeding operations
based fertilizer are compensated to cover should be brought into compliance with
any associated loss of crop yield. In some existing provisions in the CWA.
s Animal feeding operations with more than
watersheds, the agronomic rates deter-
mined by Agricultural Extension services 1,000 “animal units”* (CAFOs) and smaller
at Land Grant universities will be sufficient; operations that are adversely affecting
water quality† should be required to obtain
in other watersheds, the amount of nitro-
gen-based fertilizer may need to be lower a National Pollutant Discharge Elimination
System (NPDES) permit.††
than the agronomic rate to ensure sufficient
s EPA should establish baseline terms and
reduction in nitrogen runoff.
s Building upon changes already made conditions for NPDES permits for CAFOs to
in the federal Farm Bill, Congress and substantially reduce water pollution from
USDA should increasingly focus agricul- such operations. Permit requirements for
tural conservation programs to more CAFOs should include, at a minimum,
effectively address polluted runoff and • a requirement for a nutrient manage-
nutrient pollution. ment plan covering the animal feeding
s Substantial funding should be made avail- facility, waste-holding facilities, and the
able under the Farm Bill, Clean Water Act, ultimate disposition of the waste gener-
and other sources for outreach, education, ated by the facility;
training, and technical assistance to farmers • a process for phasing out the use of open
and the operators of animal feeding opera- air and unlined lagoons for waste storage;
tions regarding the causes and effects of • restrictions on spray application of animal
polluted runoff, and the implementation of manures to reduce ammonia emissions.
BMPs to reduce it.
Funding should be made available for
Control of nitrogen oxides, mercury, development of biological nutrient removal
and other pollutants under the Clean technology standards to reduce nitrogen
Air Act should mitigate the effects of loads from publicly owned treatment works
*EPA defines “animal unit” as a unit of measurement for any animal feeding operation calculated by adding up the various
numbers of different species of animals present at one facility. For example, 1,000 cattle = 2,500 pigs = 55,000 turkeys.
†Accordingto EPA, all animal feeding operations will develop, and be responsible for, implementing a technically sound,
economically feasible, site-specific comprehensive nutrient management plan by 2009.
††Point sources must possess a NPDES permit to discharge wastewater under the CWA.
122
and for municipalities to install biological late ballast-water discharge through a permit-
nutrient removal treatment in watersheds ting system administered jointly by the U.S.
where such loads are a significant source of Coast Guard and EPA.
s The legislation should direct EPA, in coop-
water quality impairment.
eration with the U.S. Coast Guard, to
Congress should amend the Clean Water Act develop a permit program under the CWA
to regulate cruise ships as point sources of for ballast-water discharges.
s At a minimum, this program should include
pollution in state and federal waters.
s Black, gray, bilge and ballast-water discharges • the development of standards for ballast-
from vessels above a certain capacity (large water treatment;
passenger vessels) should be regulated as • uniform methods for verification and
point sources of pollution under the CWA. enforcement;
s EPA should develop effluent standards for • development of effluent guidelines for
discharges from vessels, and large passen- ballast-water discharges in U.S. waters.
s A program developed as part of the exist-
ger vessels should not be allowed to dis-
charge within the Exclusive Economic Zone ing NPDES program is the preferred
black water and gray water that do not approach, allowing for appropriate divi-
meet the effluent standards. sion of responsibility between the U.S.
s Large passenger vessels should be required Coast Guard and EPA.
s Alternative arrangements for treatment and
to monitor and report their own discharges
and the U.S. Coast Guard should periodi- discharge should be made for vessels trav-
cally check onboard waste-treatment eling only between domestic ports and
equipment and discharges to ensure com- staying within the EEZ. Coastwise-operating
pliance with effluent guidelines. vessels should not be exempt from require-
s Potentially hazardous waste and treatment ments for ballast-water management based
byproducts should be disposed of in appro- on their itinerary and shipping route.
s Congress should authorize the appropriate
priately permitted onshore facilities.
s States should either be given or retain the agencies to levy fees on dischargers and
necessary authority to fines for illegal discharges to pay for
• inspect cruise ships in their waters; administration of the program.
• petition EPA to establish no-discharge
zones in their waters; The United States should support finalization
• charge a passenger fee to cover enforce- and ratification of an international conven-
ment costs, as they deem appropriate. tion on ballast-water management (currently
being developed by the International
Congress should enact legislation to require Maritime Organization).
s The United States should encourage the
ballast-water treatment for all vessels carry-
ing ballast water in U.S. waters, and to regu- development and adoption of a ballast
123
water convention consistent with the Congress should provide adequate funding to
domestic program outlined above. develop statewide invasive species manage-
ment plans that include provisions for inven-
torying, monitoring, and rapid response.
3. CREATE A FLEXIBLE FRAMEWORK
s These plans should include both short-term
TO ADDRESS EMERGING AND NONTRADI-
rapid response and long-term management
TIONAL SOURCES OF POLLUTION.
components. Currently, states are funded to
implement the plans, but have no resources
Invasive Species
A national electronic permitting system to develop them. These plans should be
should be created under the National consistent with NOPA and the regional
Invasive Species Act to facilitate communica- ecosystem plans.
tion and track imports of live species that
may result in aquatic introductions. Sound
s As many vectors as possible, including live A comprehensive research and monitoring
food, bait, aquaria species, pets, research program should be established to determine
specimens and other commodities, should the effects of sound sources on living marine
be identified and monitored, and where resources and ecosystems.
s A nationally coordinated, strategic
possible, eliminated. A watch list should be
developed and maintained for known inva- research agenda should be developed
sive species, with a process for additions of with priority given to studies that assess
new species found to be harmful. The sys- the effects of sound on endangered or
tem should include an application require- threatened species.
s Sound should be among environmental
ment for any vendor interested in importing
live marine species. factors considered for inclusion in moni-
toring plans developed for the regional
An inventory of existing species and their ocean governance plans. Where sound is
historical abundance should be developed considered likely to have a significant
for each regional marine ecosystem. effect on the health of marine ecosystems,
s These inventories should be keyed to the criteria and indicators for sound levels,
ecosystem characterizations being devel- and management measures for sound
oped under the National Ocean Policy should be included in regional ocean gov-
Act (NOPA) to provide a baseline for ernance plans.
s Priority areas should be identified for long-
recognizing and appropriately managing
invasive species. term monitoring.
124
Activities that generate significant amounts EPA should develop and lead a comprehen-
of potentially harmful sound should be regu- sive monitoring program to quantify levels of
lated consistent with the requirements of particular toxic substances in designated
federal law, including the Marine Mammal ocean habitats and species.
s EPA should complete its Ocean Dumping
Protection Act, the Endangered Species Act,
the National Environmental Policy Act, the Site inventory, which will allow regulatory
Magnuson-Stevens Act, and the Coastal Zone authorities to identify key sources of toxic
Management Act. contamination underwater and in sedi-
ments.
s Mercury, PCBs, PAHs, and other
Consideration should be given to requiring
the utilization of best available control tech- contaminants should be monitored in
nologies, where the generation of sound has marine species at sites of particular
potential adverse effects. concern, such as the 100 ocean dump sites,
s Such technologies include ship design, active offshore oil rigs, and industrial sites.
s This monitoring program should be
alternatives to seismic exploration, and
computer simulations. coordinated with Food and Drug
Administration and EPA seafood contami-
The environmental ramifications of any nant advisory efforts, to enable people to
sound-producing project should be taken know where their seafood comes from and
into formal consideration at the planning what it contains.
stages of the project, before significant
resources, time, and money have been Sufficient resources should be devoted to
devoted to its development. studying the effects of toxic substances in
the marine environment.
s Needed research includes (a) studies on
4. STRENGTHEN CONTROL OVER TOXIC
mercury in fish and other species that are
POLLUTION.
Congress should ratify the Stockholm Conven- located near offshore oil rigs and in other
tion on Persistent Organic Pollutants (POPs), areas where species may be affected by
which calls for a phaseout of production of 12 drilling muds and contaminated sediments;
of the most dangerous toxic substances. (b) the effects of PCBs and other toxic sub-
s The implementing legislation should include stances on marine mammals—particularly
a process for allowing the addition of chemi- in the polar regions; and (c) the effects of
cals to the existing list of 12, if reliable data chronic exposure to PAHs on marine
reveal they are sufficiently toxic. species and ecosystems.
125
Chapter Fourteen GUIDING SUSTAINABLE MARINE AQUACULTURE
Farm-raised oysters, Eliot, Maine
Laura Stadig, Spinney Creek Shellfish, Inc.
1. IMPLEMENT A NEW NATIONAL MARINE facilities should be conducted pursuant to
AQUACULTURE POLICY BASED ON SOUND National Pollution Discharge Elimination
CONSERVATION PRINCIPLES AND STANDARDS. System permits.
Adopt national and regional aquaculture • The guidelines should control the full
standards to limit negative impacts of range of pollutants including nutrient and
aquaculture activities on marine ecosystems. chemical pollutants, as well as biological
s The national oceans agency should establish pollutants such as pathogens, parasites,
national marine aquaculture standards, and escaped fish.
defining minimum requirements for aquacul- • EPA should develop water quality stan-
ture facility performance, to ensure marine dards for federal waters, as required by
aquaculture practices are ecologically sus- the Clean Water Act.
s Regional ocean governance councils should
tainable. These standards should
• minimize adverse effects on living marine set regional standards tailored to regional
resources, physical habitat, and marine conditions and priorities, consistent with or
ecosystems; more stringent than the national standards,
• consider siting criteria, taking into consid- and implemented by the appropriate federal
eration sensitive bottom habitat, protected or state authorities. These standards should
species, hydrographic conditions as well • consider the cumulative as well as indi-
as social, cultural and economic condi- vidual impacts of aquaculture facilities;
tions and compatibility with existing • establish compliance verification and
ocean uses; enforcement procedures;
• promote species not dependent on high • hold aquaculture facilities accountable
levels of fish meal and fish oil; for adverse environmental impacts and
• limit marine aquaculture to the use of non-compliance with the standards;
indigenous species. (Exceptions could be • require all existing aquaculture facilities
made for the use of previously established to achieve these standards within five
species in existing operations that do not years of their promulgation;
jeopardize native species or for species • reward facilities for improved perform-
raised in land-based systems.) ance beyond the minimum standards;
s EPA should ensure that aquaculture • preempt conflict with other users of
facilities do not diminish water quality marine resources affected by aquacul-
in public waters. ture operations.
s Efforts to coordinate state marine aquacul-
• EPA should establish national effluent
guidelines for marine aquaculture pur- ture programs, such as the Atlantic States
suant to requirements in the Clean Marine Fisheries Commission’s develop-
Water Act. ment of voluntary guidelines, should be
• All discharges from marine aquaculture expanded.
126
s If marine finfish farms do not meet the
Expand and improve marine aquaculture
research with a focus on ecologically national standards, the moratorium should
sustainable aquaculture practices. continue for nonconforming facilities until
s At the national level, the National they comply with the standards.
Academy of Sciences should assess
research needs necessary to achieve Ensure an adequate regulatory review
ecologically sustainable aquaculture and process to determine if the cultivation
evaluate the quality of ongoing marine of genetically modified organisms is
aquaculture research programs. ecologically sustainable.
s At the regional level, funds should be made s The executive branch or Congress should
available to research institutions to work in place a moratorium on the domestic cultiva-
conjunction with the regional ocean ecosys- tion, marketing, and importation of live,
tem councils, local, state, and federal agen- genetically engineered marine or anadro-
cies, and stakeholders for the coordination of mous species until an adequate regulatory
marine aquaculture research efforts. review process is in place that
• Research money should, at a minimum, • consults the National Marine Fisheries
be directed toward the development of Service and U.S. Fish and Wildlife Service
closed aquaculture systems, marine poly- on the environmental impacts;
culture systems, and feed substitutes to • provides the opportunity for public review
replace the use of fish meal and fish oil in and comment before approval;
aquaculture. • exempts certain research under specific
• Research should inform the development guidelines and procedures.
of standards and management decisions
regarding marine aquaculture at both the 2. PROVIDE INTERNATIONAL
national and regional levels. LEADERSHIP FOR SUSTAINABLE MARINE
AQUACULTURE PRACTICES.
Restrict the expansion of marine finfish farm- The United States should negotiate
ing until standards for ecologically sustain- and work with other nations to establish
able practices are implemented. environmental provisions in international
s The executive branch or Congress should trade agreements to encourage ecologically
place a moratorium on the expansion of sustainable marine aquaculture
marine finfish farms until standards for eco- practices globally.
s The United States should exercise current
logically sustainable practices are set and
implemented. authorities to bar trade in marine aqua-
s The Secretary of Commerce (or the head of culture products grown, extracted, or
the national oceans agency) should deter- manufactured in a manner that is not
mine whether marine finfish aquaculture, ecologically sustainable, or is inconsistent
notably Atlantic salmon farming, meets these with environmental requirements and
new national standards. practices in the importing nation.
127
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Bluestriped grunts, Florida Keys National Marine Sanctuary
Photo © www.brandoncole.com
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CHAPTER TWO
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CHAPTER THREE
Restoring America’s Fisheries
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CHAPTER FOUR
Preserving Our Coasts
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CHAPTER FIVE
Cleaning Coastal Waters
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Oceans Commission, Arlington, Virginia.
Cohen, A.N., and J.T. Carlton. 1998. Accelerating invasion rate in a highly invaded estuary. Science 279:555–558.
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CHAPTER SIX
Guiding Sustainable Marine Aquaculture
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Oceans Commission, Arlington, Virginia.
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United Kingdom.
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CHAPTER SEVEN
Beyond Our Borders
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Zoologist 39:160–183.
Hare, S.R., N.J. Mantua, and R.C. Francis. 1999. Inverse production regimes: Alaskan and West Coast Pacific salmon.
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States’ largest lagoonal estuary, Pamlico Sound, North Carolina. Proceedings of the National Academy of Sciences
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CHAPTER EIGHT
Science, Education, and Funding
ADR. 2002. Alaska Department of Revenue. State of Alaska, Department of Revenue, Tax Division. Fiscal Year 2002 Annual
Report of Division Operations. 28 Jan. 2003.
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States: Significant Accomplishments, Future Challenges. Pew Oceans Commission, Arlington, Virginia.
Carlton, J.T., J.B. Geller, M.L. Reaka-Kudla, and E.A. Norse. 1999. Historical extinctions in the sea. Annual Review of
Ecology and Systematics 30:515–538.
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Sissinwine, M.P., and P.M. Mace. 2001. Governance for responsible fisheries: An ecosystem approach. Conference on
Responsible Fisheries in the Marine Ecosystem, Reykjavik, Iceland, 1–4 Oct. 2001.
Dana Edmunds/Pacific Stock
Two-year-old Sage Nohara catches a small wave at
Lanikai Beach, Oahu, Hawaii.
133
Regional Meetings
OF THE PEW OCEANS COMMISSION
Commission member Roger Rufe samples pineapple at the Maui Pineapple Plantation.
Deb Antonini/Pew Oceans Commission
2000
July 6–7
Washington, D.C.
November 28–30
Monterey, California
2001
January 4
Portsmouth, New Hampshire
Deb Antonini/Pew Oceans Commission
February 7–9
Maui, Hawaii
March 27–29
Charleston, South Carolina
April 17
Baltimore, Maryland
After boarding a tour boat docked at the Seward Small Boat Harbor
June 12–14
(above) in August 2001, members of the Pew Oceans Commission (below)
experienced Alaska’s spectacular landscapes and marine life along the
Rockport, Maine
coast of Kenai Fjords National Park. Their visit to Alaska concluded with a
short flight to Kodiak Island, where commissioners met with commercial
July 18–19
fishermen and toured one of the island’s salmon canneries.
Seattle, Washington
August 11–14
Anchorage, Alaska
August 15
Kodiak, Alaska
October 2–3
Portland, Oregon
Deb Antonini/Pew Oceans Commission
November 28–30
New York City, New York
December 10
Des Moines, Iowa
134
Deb Antonini/Pew Oceans Commission
During the meeting in Monterey, California,
commissioners visited Point Lobos State
Reserve—known as the crown jewel of
California’s state park system.
2002 Lisa Levin, a professor at
Scripps Institution of
Oceanography, talks with
January 21–22
commissioners Charles
Deb Antonini/Pew Oceans Commission
Monterey, California Kennel and Geoffrey Heal
during a coastal develop-
ment workshop held in
March 14–16
Charleston, South
Barataria/New Orleans, Louisiana Carolina. Dr. Levin partici-
pated in a panel discus-
June 9 sion about the importance
of and major threats to
Ft. Lauderdale, Florida coastal habitat.
June 13–15
Washington, D.C.
October 5
Providence, Rhode Island
Justin Kenney/Pew Oceans Commission
Commissioner Leon Panetta joins students from
Sunset Beach Elementary School during the airing
Deb Antonini/Pew Oceans Commission
of KidScience—a popular science program on
Hawaii Public Television.
Aboard Thrasher, sternman George Harris (right) pre-
pares fresh bait bags for his lobster traps. The trip
aboard a Maine commercial lobster boat gave several
commissioners an opportunity to experience firsthand
the latest in lobstering techniques.
135
Publications
OF THE PEW OCEANS COMMISSION
Ocean sunfish, off San Diego, California
Richard Herrmann
SCIENTIFIC REPORTS
Marine Pollution in the United States: Managing Marine Fisheries
Significant Accomplishments, in the United States: Proceedings
Future Challenges of the Pew Oceans Commission
Donald F. Boesch, Richard H. Burroughs, Workshop on Marine Fishery
Joel E. Baker, Robert P. Mason, Management
Christopher L. Rowe, Ronald L. Siefert David L. Allison, George W.
(2001) Boehlert, Daniel W. Bromley,
Monica B. Goldberg, Susan Hanna,
Marine Aquaculture in the Burr Heneman, Timothy Hennessey,
United States: Environmental Richard Hildreth, Seth Macinko,
Impacts and Policy Options Michael K. Orbach, Ellen K. Pikitch,
Rebecca J. Goldburg Marc L. Miller, Timothy J. Ragen,
Matthew S. Elliott Harry N. Scheiber
Rosamond L. Naylor (2003)
(2001)
Marine Reserves: A Tool for
Introduced Species in U.S. Coastal Ecosystem Management and
Waters: Environmental Impacts and Conservation
Management Priorities Stephen R. Palumbi
James T. Carlton (2003)
(2001)
WHITE PAPERS
Coastal Sprawl: The Effects of A Dialogue on America’s
Urban Design on Aquatic Ecosystems Fisheries: Summaries of the
in the United States Pew Oceans Commission Focus
Dana Beach Groups on Fishery Management
(2002) Staff of the Pew Oceans Commission
(2003)
Ecological Effects of Fishing Socioeconomic Perspectives
in Marine Ecosystems of the on Marine Fisheries in the
United States United States
Paul K. Dayton, Simon Thrush, Staff of the Pew Oceans Commission
Felicia C. Coleman (2003)
(2002)
136
Acknowledgements
Surf grass carpets reef ledge. Cortez Banks, California
© Chuck Davis/www.tidalflatsphoto.com
The Pew Oceans Commission wishes to
express its gratitude to The Pew Charitable Trusts,
whose vision and commitment to the well being of
our living oceans brought us together and made this
report possible. We appreciate as well the generous
support from the David and Lucile Packard
Foundation, the Rockefeller Brothers Fund, and the
Oxford Foundation.
This report represents the combined wisdom
of thousands of scientists, fishermen, teachers, envi-
ronmentalists, businesspeople, boaters, divers, and a
host of others who shared their perspectives and
expertise with us at our regional meetings, public
hearings, workshops, and in so many other ways.
We thank all of you for sharing your stories. Some of
your words struck us especially, and we salute the
contributions of the individuals and organizations
whose work is cited and whose words are quoted in
Steve Simonsen/Marine Scenes
our report. We extend our special gratitude to the
distinguished experts and their peers who wrote and
reviewed the seven scientific reports that informed
our deliberations and recommendations.
Our analysis was broadened and our capac-
Coral polyps, U.S. Virgin Islands
ity to produce this report was assured by the dedica-
tion and talent of the Pew Oceans Commission staff. We extend much gratitude to our partners in
this effort: the Commission's executive director, Christophe A. G. Tulou, and his colleagues Deb
Antonini, Jennifer Black, Courtney Cornelius, Steve Ganey, Justin Kenney, Jessica Landman, Chris
Mann, Jessica Riordan, Amy Schick, and Heidi Weiskel. And, in unison, we thank Bernice Wuethrich
who gave us a singular voice through the magic of her editing. We also received invaluable adminis-
trative and moral support from the staff of Strategies for the Global Environment.
We commissioners are particularly grateful for the wealth of time and knowledge shared by
staff within our own organizations who kept us informed, on time, in touch, and well-advised
throughout the Commission's fact-finding and decision-making journeys.
As with all ventures of this magnitude and length, it is impossible to fully and appropriately
convey our thanks for all the help we got along the way. This report is just the beginning of our
work, and we hope to meet you again as we set a course for a better ocean future.
137
Index
With the flick of its flukes, a humpback whale dives in waters near southeastern Alaska.
Photo © www.brandoncole.com
Boldface references indicate overfishing 2 dead zone 22
illustrations; italic entries refer Atmospheric pollution 52–53, 62–63, Caribbean Sea
to picture legends (captions). 63, 66, 71, 87, 122 biomass 32
Automobiles Carlsbad, California 68
miles traveled 52, 52, 52 Carlton, James 18
A
Act to Prevent Pollution from Ships 66 Caulerpa taxifolia (seaweed) 68, 69
Adams, John H. iii, iii, 13 Causey, Billy 31
B
Agricultural programs Baines, Bob 17, 17 Central Valley Project 55
funding and incentives 117, 120, Ballast water 4, 67, 69, 72, 82 Channel maintenance
121 recommendations 123–124 fees 95
Agricultural runoff 16, 54, 60, 62, Barndoor skate Charleston, South Carolina
117–118 risk of extinction 36 Commission visit 16–17, 91,
recommendations 117–118, 122 Barnegat Inlet, New Jersey 91–92, 135
Aila, William 15–16 dead zone 22 Chesapeake Bay 29
Air pollution 52–53, 62–63, 63, 66, Beach, Dana ix, 16 oyster decline 29–30
71, 87, 122 Benton, David 19 water quality 29–30
Airborne toxics 65 Bering Sea Chesapeake Bay, Maryland-Virginia
Alaska crab fleet 39 dead zone 22
contaminants in fish 19, 65 salmon 85 Chesapeake Bay Program 30, 34, 107
cruise ship regulations 66 Blue crabs 29 costs 93
fisheries 36, 38 population 30 Chile
fisheries tax 95 Bocaccio rockfish 2, 14, 36 biomass 32
Natives’ fishing rights 27 Boesch, Donald 21, 88 Chinese mitten crab 19, 67
Alden, Robin 17 Bon Secour Bay, Alabama Chinook salmon
Algal blooms vi, 2, 54, 62 dead zone 22 population decline 55
Anchorage, Alaska Bonneville Power Administration Clam aquaculture 73
Commission hearing 18–20, 59 salmon restoration funding 28 Claussen, Eileen iii, iii, 12
Annan, Kofi A. 80 Brady, Bonnie 20 Clean Air Act 65, 66, 122
Antarctic regions Bristol Bay, Alaska Clean Water Act of 1972
toxic pollution 65 red king crab fishery 38 and aquaculture 77, 78, 126
Antonini, Deb ix British Columbia compliance incentives 96
Aquaculture 73–79, 77 salmon hybridization vi–vii concentrated animal feeding
and climate change 84, 86 Butterfly fish ii operations 63, 122
environmental risks 4, 74, 74, Bycatch vi, 5, 41, 42–43, 43, 43, 48, and cruise ships 66, 123
76–78 81, 88 nonpoint source pollution 117
impact on fishermen 20 recommendations xi, 48, pollution standards 27, 57, 59,
and invasive species 6, 18, 67, 76 112–113 65
laws and legislation 34, 78–79 recommended changes 71–72,
production 73, 75 96, 121
C
recommendations xi, 79, California State Revolving Fund 96, 118
126–127 aquaculture production 75 and wetlands 56
Aquarium of the Americas, New coastal development 50, 50, 51 Climate change vii, 5, 6, 70, 83–87
Orleans, Louisiana 92 coastal pollution reduction 59 Coastal and Marine Ecosystems and
Arctic regions fisheries 14, 38, 42, 51 Global Climate Change:
toxic pollution 65 invasive species 68 Potential Effects on U.S.
Aripotch, Dave 20–21 species decline 51 Resources 83
Atlantic halibut tourism 49, 51, 92 Coastal development 5, 16–17, 50, 50,
overfishing 2, 5, 36 California abalone 51, 53, 58
Atlantic salmon risk of extinction 36 environmental impact vi, 6,
aquaculture vi–vii, 67, 75, 75, California Cooperative Oceanic 16–17
76, 127 Fisheries Investigation 90 growth management 58, 119
genetic engineering 76 California sea lions habitat protection funding
risk of extinction 36 death from algal blooms 2 118–119
Atlantic States Marine Fisheries California southern sea otters legislation 27
Commission 28–29 death from pollution 6 and loss of wetlands 6, 55–56
Atlantic striped bass Canary rockfish population 6, 49
recovery 38 overfishing 36 recommendations x, xi, 117–120
Atlantic swordfish Cape Fear River, North Carolina Coastal Nonpoint Pollution Control
138
Program 117 Ecosystem-based management 8, 90, conservation 45, 47, 109–110
Coastal Zone Management Act of 1972 110–111 ecosystem-based 44, 47,
7, 27, 104, 117, 125 Ecosystems. see also Marine ecosys- 110–111
recommendations 118–119 tems funding 48, 113, 115–116
Cod definition 8 governance 29, 44–48
overfishing 5, 36, 40 health 7, 32–33 Individual Fishing Quotas (IFQs)
recovery 39, 39, 39 Ecotourism 9. see also Tourism 20
Columbia River Basin, Canada-U.S. Education 91–92 national policy 46–48
salmon population 26, 28 recommendations xi recommendations x, xi
Concentrated animal feeding opera- El Niño events 86 zoning 111
tions 4, 60–61, 63–64, 71 Eley, Donald 18 Fishermen
recommendations xi, 122 Elkhorn Slough National Estuarine displaced 115
Connecticut Research Reserve, California impact of coastal development on
aquaculture production 75 14 17
Contaminants Ellis, Steve 55 New York 20–21
in seafood 19, 59, 65, 72, 125 Endangered Species Act of 1973 27, Fishery Conservation and Management
Convention on Biological Diversity 28, 71, 125 Act. see Magnuson-Stevens
80–81 Environmental Assessment and Fishery Conservation and
Convention on the Conservation and Monitoring Program 107 Management Act
Management of Highly Estes, Jim 14 Fishery Conservation and Management
Migratory Fish Stocks in the Eutrophication process 4, 61, 61, 62 Trust Fund 48, 115–116
Western and Central Pacific Everglades, Florida 6 Fishing gear 5, 111–112
Ocean 81 restoration costs 93 Flood insurance 53, 58, 120
Coon, Jim 15 Exclusive Economic Zone vii, 72, 75, Flooding 86
Coral reefs vi, 82 78, 80, 105, 123, foldout Floodplain management 120
bleaching vii, 62, 82, 83 map Florida
and climate change 5, 83–84 map 3 algal blooms 62
Florida Keys, Florida 6, 30 Exxon Valdez oil spill 27, 59, 64 aquaculture 73, 75, 78
Jamaica 8 coastal development 6
value 15 Florida Keys, Florida
F
Corpus Christi Bay, Texas Farm Bill 96, 122 dead zone 22
dead zone 22 Farrey, Patrice 17 marine ecosystem 6
Cousens, David 17 Federal Emergency Management National Marine Sanctuary 11,
Cruise ships 4, 65, 65–67, 71–72 Agency 120 30, 31
recommendations xi, 123 Federal funds Florida manatees
conditions 118, 119, 120, 121 death from algal blooms 2
Fish farming. see Aquaculture Flounder
D
Dania, Florida Fish stocks 37 recovery 38, 39, 116
Commission hearing 23 economic impact of restoration Flushing Bay, New York
DDT contamination 6 93 dead zone 22
Dead zones vi, 21, 22, 54, 62 Fisheries Food web 40–41
map 22 bycatch 42–43, 48 Freeport, Texas
Delaware commercial 35 dead zone 22
horseshoe crab catch 9 data collection 110
Delaware Bay, Delaware-New Jersey decline 14 G
horseshoe crab decline 9, 28–29 discard 43 Gas development 118
shorebird decline 9, 28–29 emerging 110–111 moratorium 105–106
Delaware River, U.S. fleet overcapacity 39–40 General Electric
dead zone 22 and habitat degradation 5, 42, PCB contamination 20
Deputies Committee 108 47, 111–112 Genetic engineering 76–77
Des Moines, Iowa international agreements 81 aquaculture 76–77
Commission hearing 21–22 monitoring 90 laws and legislation 79
Development 58. see also Coastal permits 113–114 moratorium 127
development quotas 113, 115 Georges Bank
compared with population recommendations 109–116 fish stocks 39, 39
growth 51 recreational v, 35, 45, 46 seafloor trawling 42
Dorsett, Chris 43 royalties and taxation 95, 115 Global Ocean Ecosystem Dynamics
vessel monitoring system 15–16 Program 90
Fisheries management 19, 36, 38 Global warming. see Climate change
E
Eastern oysters allocation 45, 47, 48, 109–110, Goldburg, Rebecca J. 73
pathogens 6 113–115 Governor's Committee on the Future
139
of Coastal Louisiana 23 Hood Canal, Washington zoning 58
Grader, Zeke 14 dead zone 22 Landings tax 95
Graham, Vince 16–17 Horseshoe crabs 8–9, 28–29, 42 Larson, Shawna 19, 59
Grasshopper effect 65 Hudson River, New York Laws and legislation 26–28, 32
Great Egg Harbor River, New Jersey dead zone 22 aquaculture 78–79
dead zone 22 PCB contamination 20 concentrated animal feeding
Grosvenor, Gil 91 Huntington Harbour, California 68 operations 63–64
Groundfish fishery 36 Hypoxia 22, 61, 62 cruise ships 66
recovery 39 fisheries management 44–48, 78
Growth. see Coastal development; invasive species 68–69
I
Development Iarocci, Tony 17 recommendations 33–34, 57–58
Guerrero, Carlotta Leon iii, iii, xii, 13 Impervious surfaces sound 71
Gulf of Alaska Ecosystem Monitoring watershed pollution 56 Levin, Lisa 135
Program 90 Incidental capture. see Bycatch Limu (seaweed) 15
Gulf of Maine Individual Fishing Quotas (IFQs) 20 Ling cod 32
fish stocks 39 International agreements 80–81 Lobster fishery
Gulf of Maine Ocean Observing aquaculture 79, 127 management practices 17
System 90 ballast water 123–124 Long Island Sound, Connecticut-New
Gulf of Mexico bycatch 79 York
dead zone vi, 54, 62 recommendations 127 dead zone 22
mercury levels in fish 65 International Commission for the Los Angeles, California
nitrogen from Mississippi River 59 Conservation of Atlantic coastal pollution reduction 59
Gulf Restoration Network 43 Tunas 81 harbor dead zone 22
International Maritime Organization Louisiana
ballast-water management 72, 82, coastal erosion 23
H
Habitat 123–124 wetlands loss 5, 54
loss 5, 42, 47, 51, 55–56, International Pacific Halibut Louisiana Shelf
111–112 Commission 38 dead zone 22
protection 58 Invasive species vi–vii, 4, 6, 67, 67–69 Lubchenco, Jane iii, iii, 13
Haddock and climate change 85
overfishing 5, 40 laws and legislation 68–69 M
recovery 39, 39 rate of invasions chart 19 Magnuson-Stevens Fishery
Harbor Maintenance Tax 95 recommendations xi, 72, 124 Conservation and
Harbor seals released from aquaculture 4, 6, Management Act 44–48, 78,
PCB contamination 6 18, 67, 76 103, 109, 125
Hard clams sources 67–68 Maine
aquaculture 75, 75 aquaculture 4, 75, 76, 77, 78
Harris, George 135 Commission visit ix, 17
J
Hartig, Ben 17 Jefferson, Thomas 26 fishery policies 38
Hawaii Manatees
aquaculture 75, 78 death from algal blooms 62
K
biomass 32 Kennedy, John F. 12 Mangroves
Commission visit ix, 92, 134, 135 Kennedy, Victor S. 83 Florida Keys, Florida 30
fishing 46 Kennel, Charles F. iii, iii, 13, 135 Marine ecosystems
impact of resource decline 15 Kenya and climate change 84
Hawaiian monk seals biomass 32 and fishing 41, 41–42, 46–47
risk of extinction 36 KidScience (television program) xii, 92, food web 40–41
Hayden, Mike iii, iii, 12 135 governance 33–34
Heal, Geoffrey iii, iii, 13, 135 Kihei, Maui, Hawaii 15–16 health 102, 109
Heathcote, Susan 21 Killer whales 99 monitoring 90, 109
Heavy metal pollution 64, 65 PCB contamination 6, 59 protection 31
Herring Knowles, Tony iii, iii, 12 recommendations 102
recovery 39 Kodiak, Alaska Marine Fisheries Oversight
Hillsborough Bay, Florida Commission meeting viii, ix, Commission 110
dead zone 22 19–20 Marine Mammal Protection Act of
Holland, Fred 16 Kuhns, Tracy 23 1972 27
Hollings, Ernest ix and sound 71, 125
Hollings Marine Laboratory, Marine mammals
L
Charleston, South Carolina 16 Land use 16, 51–53 as bycatch 43
140
Marine reserves 31, 34, 106 and aquaculture 78, 127 risk of extinction 36
fish biomass 32 bycatch monitoring 112–113 Northwest Power Planning Council 28
Marine zoning 34, 47, 105–106, 111 conservation decisions 47, 109, Nutrient pollution vi, vi, x, 21–22, 54,
Maryland 110 56, 57, 59, 60, 60, 61–64
brown trout decline 56 investigations 70 from aquaculture 77
horseshoe crab catch 9 regional fishery council oversight impact on Chesapeake Bay 30
invasive species 69 104 recommendations 117
Massachusetts statistics 9, 46, 93 removal technology 122–123
aquaculture production 75 National Oceanic and Atmospheric
Maui, Hawaii Administration (NOAA) 7, O
Commission hearing 14–16 34, 78, 79, 94, 107 Ocean Dumping Act of 1972 27
Maxwell, Kahu Charles Kauluwehi 15 National Oceans Adviser 34, 108 Ocean ecosystem councils 33–34
McNutt, Marsha 14 National Oceans Agency 34, 103, 106 Ocean ethic 9–11, 97–98
Memminger Elementary School, National Oceans Council 34, 91, Ocean literacy 91–92
Charleston, South Carolina 107–108 Ocean management
91, 91–92 National Ocean Policy Act x, 33, 34, funding 92–93
Menhaden (fish) 72, 98, 102 Ocean zoning 34, 47, 105–106, 111
death from algal blooms 2, 61–62 funding sources 94–95 Office of Management and Budget 108
Mercury contamination 64, 65, 125 National Pollutant Discharge Oil development 118
Migration 9 Elimination System 122, moratorium 105–106
and climate change 84–85 123, 126 Oil Pollution Act of 1990 27, 64
Milling, King 23, 49, 54 National Research Council 59 Oil spills 27, 59, 64
Mineral development 118 National Science Foundation 108 Orcas 99
Minerals Management Service 107 Neuse River, North Carolina PCB contamination 6, 59
Mississippi River, U.S. 54 dead zone 22 Oregon
delta restoration costs 93 Pfisteria outbreak 61–62 aquaculture production 75
nitrogen runoff 59 New Caledonia Organic legislation 32
watershed 21–22 biomass 32 Overfishing vi, 2, 5, 7–8, 35–39, 37,
Mobile Bay, Alabama New England 41, 73
dead zone 22 fish stocks 36, 38, 39, 39 definition 111
Mollusk farming 73 fisheries depletion 2, 5 rebuilding stocks 39
Monterey, California New Hampshire research 88
Commission visit 14, 23, 32, 135 fishermen 40 Oysters
sardine fishery 36 New Jersey aquaculture 73, 75, 75, 126
Monterey Bay Aquarium, California horseshoe crab catch 9 and climate change 84
14, 92 New Orleans, Louisiana decline 29–30
Monterey Bay National Marine Commission hearing 23, 49
Sanctuary, California 12, 14 New York P
Moonen, Rick 20 Commission visit ix, 21 Pacific Coast Federation of Fishermen's
Mote Marine Laboratory, Sarasota, New York, New York Associations 14
Florida 91–92 coastal development 50, 50 Pacific Fishery Management Council
Mullica River, New Jersey Commission meeting 20–21 36
dead zone 22 harbor dead zone 22 Pacific leatherback turtles
Myrtle Beach, South Carolina 16 New York Bight risk of extinction 36
dead zone 22 Pacific red snapper 2, 14, 36
Nitrogen inputs vi, 2, 54, 59, 60, 60, Pacific salmon
N
National Academy of Sciences 4, 110, 62, 63–64, 121 and climate range 84–85
127 recommendations 122 decline 26, 28
National Aquaculture Act of 1980 78 Noise 69–71 fishing v
National Environmental Policy Act 71, recommendations xi, 72 hybridization with Atlantic
72, 125 Nonpoint source pollution 4, 56, 57 salmon vi–vii
National Estuaries Program 107 funding for control 118 Packard, Julie iv, iv, 13
National Estuarine Research Reserve incentives 122 PAHs 64, 125
System 118–119 recommendations x, xi, 57–58, Pamlico River, North Carolina
National Flood Insurance Program 58 71, 117–118, 121 dead zone 22
recommendations 120 sources 59, 60 Pamlico Sound, North Carolina
National Invasive Species Act of 1996 North Atlantic swordfish menhaden deaths 2
66, 68–69, 72, 124 recovery v Panetta, Leon E. iii, iii, ix, 12, 17, 97,
National Marine Fisheries Service Northern right whales 135
141
forward by i 59, 62, 63–64, 85, 121 Rockfish 2, 36
Parravano, Pietro iv, iv, 12–13 total maximum daily load 117 Rockport, Maine
Pataki, George E. iv, iv, 12 toxic xi, 19 Commission hearing 17–18
PCB contamination 6, 20, 59, 64, 125 waste disposal 27, 66 Roosevelt, Theodore, IV 20, 35
Perdido Bay, Alabama-Florida water standards 57 Rufe, Roger T. iv, iv, 13, 21, 134
dead zone 22 Polychorinated biphenyls 6, 20, 59, Runoff pollution 2, 16, 52–53, 54, 56,
Perkinsus marinus (pathogen) 6 64, 125 57, 59, 62, 63–64
Pettaquamscutt River, Rhode Island Polycyclic aromatic hydrocarbons and climate change 85
dead zone 22 (PAHs) 64, 125 recommendations 117–118, 121
Pew Center on Global Climate Change Pontchartrain, Lake, Louisiana
83 dead zone 22 S
Pew Oceans Commission Population Sacramento River Delta, California
activities ix, 9, 13, 134–135 coastal 49 restoration costs 93
Alaska hearings viii, ix, 18–20, growth 51, 52 wetlands loss 55
41, 59, 134 Portland, Oregon Salmon
aquaculture recommendations xi, Commission visit 23 Atlantic vi–vii, 4, 36, 67, 75, 75,
79, 126–127 Ports 76, 127
California visit 14, 23, 32, 135 fees 95 habitat loss 55
education recommendations 92 Potomac River, U.S. Pacific vii, 26, 28, 84–85
fisheries recommendations x, dead zone 22 San Diego, California
46–48, 109–116 Providence, Rhode Island coastal pollution reduction 59
Florida visit 23 marine aquaculture conference marine aquaculture conference
funding recommendations 94 23 23
governance recommendations Public lands management 32 San Francisco, California
ix–xi, 33–34, 58, 102–109 Puget Sound, Washington coastal development 50, 50
Hawaii visit ix, 14–16, 92, 134, PCB contamination 6 San Francisco Bay
135 cruise ships 66
Iowa hearing 21–22 herring fishery 38
R
Louisiana hearing 23, 49 Rabalais, Nancy 21–22 invasive species vi, 4, 67
Maine visit ix, 17–18, 135 Rappahannock River, Virginia restoration programs 55
members iii, iii–iv, iv, 12–13 dead zone 22 Sardine fisheries
mission ix Raritan Bay, New Jersey collapse 14
New York visit ix, 20–21, 21 dead zone 22 overfishing 36
Oregon visit 23 Reagan, Ronald 3 Scientific research 14, 89, 94
pollutant recommendations x, xi, Red king crab aquaculture 127
57–58, 71–72, 121–125 overfishing 39 federal funding 88, 89
publications 136 recovery 38 recommendations xi, 89, 89–91
scientific research recommenda- Red knots (birds) 9 sound 124–125
tions xi, 89–91 Red Sea toxic pollution 125
Seattle, Washington workshop 23, biomass 32 Scup
38–39, 41 Red snapper recovery 38
South Carolina visit ix, 16–17, as bycatch 43 Sea Grant Law Center, University of
91, 91–92, 135 Regional fishery management councils Mississippi 27
Pfisteria piscicida (alga) 61–62 48, 103, 104, 110 Sea-level rise 83–84, 85
Philippines Regional ocean ecosystem councils Sea otters 96
biomass 32 33–34, 104–106 decline 14
Phytoplankton blooms 62 Regional ocean governance councils Sea surface temperatures 5, 6
Point source pollution xi, 4, 60–61, 103–104 Sea turtles 2, 55
63–67, 71–72, 122–123 aquaculture regulation 126 as bycatch 5, 43, 48, 81
Pollution funding 94 protection 15
atmospheric 52–53, 62, 66, 71, Regional science groups 109–110 Seabirds
87, 122 Restoration ecology 90 as bycatch 5, 43
automobile 52–53 costs 93–94 Seafood
from cruise ships 66 Richmond, Robert 15 consumption 73, 75
legislation 27 Riley, Joseph P., Jr. iv, iv, 12, 91, 91–92 contamination 19, 59, 65, 72,
nutrient 2, 52–53, 56, 57 Rivers and Harbors Act 78 125
recommendations x, xi, 57–58, Roberts, Michael 23 Seagrasses
71–72, 117–118, 121–125 Rockefeller, David, Jr. iv, iv, 13 Chesapeake Bay 29–30
runoff 2, 16, 52–53, 54, 56, 57, preface by ii Florida Keys, Florida 30
142
Seattle, Washington international agreements 81–82 recommendations 71, 72, 107,
Commission workshop 23 recommendations xi, 125 117, 121
Seaweed Train, Steve 18 and toxic pollution 125
invasive species 68, 69 Transportation Equity Act of 2001 96 U.S. Exclusive Economic Zone 72, 75,
Seychelles Transportation programs 78, 80, 105, 123, foldout
biomass 32 funding and incentives 118, 120, map
Shipping industry 121 map 3
fees 95 Transportation-related pollution 52, U.S. Fish and Wildlife Service 78, 107,
Shorebirds 118 127
decline 9, 28–29 Tributyltin contamination 6 U.S. Food and Drug Administration
Shrimp 125
aquaculture 75, 75 U.S. Navy 70, 70
U
fisheries bycatch 43 United Nations U.S. State Department 108
international trade 23, 81 Conference on Environment and User fees 95, 115
Sloan, Steven 2 Development 81
Snakehead fish 69 Conservation and Management of V
Sound 69–71, 70 Straddling and Highly Vehicle miles traveled 52, 52
recommendations xi, 72, Migratory Fish Stocks 81 Virginia
124–125 Convention on the Law of the Sea aquaculture production 75
South Africa vii, 26, 80–81
biomass 32 United States W
South Carolina extent of ocean territory vii, 2, Waquoit Bay, Massachusetts
coastal development 16–17 31, foldout map dead zone 22
Commission visit ix, 91 U.S. Army Corps of Engineers 53–55, Ware, Marilyn iv, iv, 13
South Carolina Aquarium 92 96 Washington
Spiny dogfish and aquaculture 78 aquaculture production 75
overfishing 38, 40 authority 27 coho salmon decline 56
Sprat Mississippi River activities 54 fish biomass 32
recovery 39 under NOPA 34, 107 Water quality 51, 57
St. Johns River, Florida recommendations for 58, recommendations 117–118, 121
dead zone 22 119–120 Water Resources Development Act 96
St. Joseph Bay, Florida U.S. Bureau of Reclamation Watershed level planning x, xi, 30,
dead zone 22 Central Valley Project 55 56–58, 117–118, 121
St. Lucie River, Florida U.S. Coast Guard 66, 69, 107, 123 Watersheds
dead zone 22 U.S. Department of Agriculture runoff pollution 56
State responsibilities 104, 105 aquaculture programs 34, 107 Wetlands
Steelhead best management practices 121 habitat loss 54, 55, 56, 62
habitat loss 55 recommendations 107, 108, 121 impact of climate change 85
Steller sea lions 41 U.S. Department of Commerce 36, 37, as pollution filters 56, 62
Stockholm Convention on Persistent 38, 107 Whales
Organic Pollutants 72, Aquaculture Policy 75–76 stranding 70, 70
81–82, 125 U.S. Department of Defense 108 White, Patten (Pat) D. iv, iv, 12
Stratton Commission vii, 7 U.S. Department of the Interior 108 Whitman, Christie Todd 12
Striped bass marine programs 34 Wilson, James 17
recovery v Minerals Management Service World Summit on Sustainable
Submerged Lands Act of 1953 26 107 Development
Sullivan, Kathryn D. iv, iv, 12 U.S. Department of Transportation 108 Plan of Implementation 80
Sustainable Fisheries Act of 1996 46, best management practices 121 World Trade Organization 81
78 recommendations 121
U.S. Environmental Protection Agency Y
and aquaculture 78, 126 Yellowtail flounder
T
Texas authority 20, 27, 59, 78 overfishing 5, 40
aquaculture production 75 ballast water 123 recovery 39
Texas Shelf best management practices 121 York River, Virginia
dead zone 22 concentrated animal feeding dead zone 22
Tourism 15, 35, 49, 49 operations 63–64, 122
Townsend-Hereford Inlet, New Jersey National Estuaries Program 34
dead zone 22 Ocean Dumping Site inventory
Toxic pollution 4, 64–65, 72 125
143
Pew Oceans Commission
CONNECTING PEOPLE AND SCIENCE TO SUSTAIN MARINE LIFE
Sea otters in Monterey, California, float among kelp beds.
Frans Lanting/Minden Pictures
STAFF OF THE PEW OCEANS COMMISSION
The Honorable Christophe A. G. Tulou, Executive Director
Deb Antonini, Managing Editor and Director of Illustrations
Steve Ganey, Director of Fisheries Policy
2101 Wilson Boulevard, Suite 550
Arlington, Virginia 22201 Justin Kenney, Director of Communications
www.pewoceans.org Jessica Landman, Director of Publications
Chris Mann, Director of Ocean and Coastal Policy
Amy Schick, Director of Marine Conservation Policy
To me the sea is a continual Heidi W. Weiskel, Director of Pollution Policy
Courtney Cornelius and Jessica Riordan, Special Assistants
miracle; The fishes that swim—the
Jennifer Black, Intern
rocks—the motion of the waves—
the ships, with men in them, What
Design and Production: Widmeyer Communications.
stranger miracles are there?
Printing: Fontana Lithograph, Inc.
WALT WHITMAN CD-ROM Design: Deb Antonini. CD-ROM Replication: Oasis CD Manufacturing.
American Poet (Miracles, 1856) Indexing: Connie Binder.
Citation for this Report: Pew Oceans Commission. 2003.
America’s Living Oceans: Charting a Course for Sea Change. A Report to the
Nation. May 2003. Pew Oceans Commission, Arlington, Virginia.
Opposite Photo: Ron Dahlquist/rondahlquist.com
Copyright © 2003 Pew Oceans Commission. All rights reserved. Reproduction of
the whole or any part of the contents without written permission is prohibited.
Printed on 10% recycled paper.
Steve Simonsen/Marine Scenes
A stoplight parrotfish swims among soft and hard corals in Virgin Islands National Park, U.S. Virgin Islands. Parrotfish
feed on the algae that grow on hard corals. They use special teeth in their throats to grind hard coral, which is
144 deposited on the reef as white coral sand.