Marine Resources Assessment for the Marianas Operating ... - SPREP

AUGUST 2005 FINAL REPORT
discharge of contaminants into the territorial sea, the contiguous zone, and waters further offshore
(USFWS 2003b). The Chief of Engineers and the Secretary of the Army must approve discharges of
dredged or fill material into all waters of the U.S., including wetlands. In addition to regulating pollution
in offshore waters, the CWA, under the amendment known as the Water Quality Act of 1987, also
requires state and federal agencies to devise programs and management plans that aim to maintain
the biological and chemical integrity of estuarine waters. In estuaries of national significance, NOAA
is permitted to conduct water quality research in order to evaluate state and federal management
efforts. Sensitive estuarine habitats, such as seagrass beds and wetlands, are protected from
pollution under this act.
Like the CWA, the Marine Plastic Pollution Research and Control Act (MPPRCA) of 1987 (33
U.S.C. §§ 1901 et seq.) also regulates the discharge of contaminants into the ocean. Under this
federal statute, the discharge of any plastic materials (including synthetic ropes, fishing nets, plastic
bags, and biodegradable plastics) into the ocean is prohibited. The discharge of other materials, such
as floating dunnage, food waste, paper, rags, glass, metal, and crockery, is also regulated by this act.
Ships are permitted to discharge these types of refuse into the water, but they may only do so when
beyond a set distance from shore, as prescribed by the MPPRCA. An additional component of this
act requires that all ocean-going, U.S. flag vessels greater than 12.2 m in length, as well as all
manned, fixed, or floating platforms subject to U.S. jurisdiction, keep records of garbage discharges
and disposals (NOAA 2004).
Passage of the Oil Pollution Act (OPA) of 1990 (33 U.S.C. §§ 2701 et seq.) further increased the
protection of our nation’s oceans. In addition to amending the CWA, this act details new policies
relating to oil spill prevention and cleanup methods. Any party that is responsible for a vessel,
offshore facility, or deepwater port that could potentially cause an oil spill must maintain proof of
financial responsibility for potential damage and removal costs. The act details which parties are
liable in a variety of oil spill circumstances and what damage and removal costs must be paid. The
President has the authority to use the Oil Spill Liability Trust Fund to cover these costs when
necessary. Any cost for which the fund is used must be in accordance with the National Contingency
Plan, which is an oil and hazardous substance pollution prevention plan established by the CWA
(USFWS 2003b). Federal, state, Indian tribe, and foreign trustees must assess the natural resource
damages that occur from oil spills in their trusteeships and develop plans to restore the damaged
natural resources. The act also establishes the Interagency Coordinating Committee on Oil Pollution
Research, whose purpose is to research and develop plans for natural resource restoration and oil
spill prevention.
During the reauthorization of the MPRSA in 1992, Title III of the MPRSA was designated the National
Marine Sanctuaries Act (16 U.S.C. §§ 1431 et. seq.). Title III authorizes the Secretary of Commerce
to designate and manage areas of the marine environment with nationally significant aesthetic,
ecological, historical, or recreational value as national marine sanctuaries. The primary objective of
this law is to protect marine resources, such as coral reefs, sunken historical vessels, or unique
habitats while facilitating all compatible public and private uses of these resources. National marine
sanctuaries, similar to underwater parks, are managed according to management plans, prepared by
the NOAA on a site-by-site basis. The NOAA is the agency responsible for administering the National
Marine Sanctuary Program.
In 1996, the MSFCMA was reauthorized and amended by the Sustainable Fisheries Act (SFA). The
SFA provides a new habitat conservation tool in the form of the EFH mandate. The EFH mandate
requires that the regional FMCs, through federal Fishery Management Plans (FMPs), describe and
identify EFH for each federally managed species, minimize to the extent practicable adverse effects
on such habitat caused by fishing, and identify other actions to encourage the conservation and
enhancement of such habitats. Congress defines EFH as “those waters and substrate necessary to
fish for spawning, breeding, feeding, or growth to maturity” (16 U.S.C. 1802[10]). The term “fish” is
defined in the SFA as “finfish, mollusks, crustaceans, and all other forms of marine animals and plant
life other than marine mammals and birds.” The regulations for implementing EFH clarify that “waters”
include all aquatic areas and their biological, chemical, and physical properties, while “substrate”
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