Ocean Law

Ocean Law in the United States

Ocean Law and the Constitution

According to the Encyclopedia of the American Constitution, the constitutional adjudication in the field of admiralty law has always taken account of rules and principles accepted as “customary law” in the jurisprudence of international law. Outside the admiralty field, however, the Supreme Court has seldom been inclined to engage in decisions about the ocean law.

National Ocean Policy Implementation Plan

To translate President Obama’s “National Policy for the Stewardship of the Ocean, Our Coasts, and the Great Lakes” into on-the-ground actions to benefit the American people, the National Ocean Council released the National Ocean Policy Implementation Plan. The Implementation Plan describes specific actions Federal agencies will take to address key ocean challenges, give states and communities greater input in Federal decisions, streamline Federal operations, save taxpayer dollars, and promote economic growth.

The Council developed the Implementation Plan over the past two years with extensive input from national, regional, and local stakeholders from all marine sectors; tribal, State and local governments; and the private sector, scientists and the public.

In early 2012, the National Ocean Council released for public comment the draft Implementation Plan. The final Implementation Plan incorporates suggestions on the draft, including key support for local and regional capacity and self-determination, and the development of more and better information related to ocean conditions. The plan specifies that regional stakeholders will determine the scope, scale and content of collaborative marine planning, that participation is voluntary, and that regional planning bodies will be established only in regions that want them.

The Interagency Ocean Policy Task Force

On June 12, 2009, President Obama sent a memorandum to the heads of executive departments and Federal agencies establishing an Interagency Ocean Policy Task Force and charged it with developing recommendations to enhance national stewardship of the ocean, coasts, and Great Lakes. The Task Force released interim reports for public comment in September 2009 and December 2009, and received and reviewed close to 5,000 written comments from Congress, stakeholders, and the public before finalizing its recommendations. President Obama signed an Executive Order on July 19, 2010 adopting the Final Recommendations and establishing a National Policy for the Stewardship of the Ocean, Coasts, and Great Lakes.

Ocean Dumping Act

The Ocean Dumping Act has two basic aims: to regulate intentional ocean disposal of materials, and to authorize related research. Title I of the Marine Protection, Research, and Sanctuaries Act of 1972 (MPRSA, P.L. 92-532), which is often referred to just as the Ocean Dumping Act, contains permit and enforcement provisions for ocean dumping.

History of the Act

The Ocean Dumping Act and Amendments (codified as 33 U.S.C. 1401-1445, 16 U.S.C. 1431-1447f, 33 U.S.C. 2801-2805):

Year Act Public Law Number
1972 Marine Protection, Research, and Sanctuaries Act P.L. 92-532
1974 London Dumping Convention Implementation P.L. 93-254
1977 Authorization of Appropriations P.L. 95-153
1980 Authorization of Appropriations P.L. 96-381
1980 Authorization of Appropriations P.L. 96-572
1982 Surface Transportation Assistance Act P.L. 97-424
1986 Budget Reconciliation P.L. 99-272, §§6061-6065
1986 Water Resources Development Act P.L. 99-662, §§211, 728, 1172
1987 Water Quality Act of 1987 P.L. 100-4, §508
1988 Ocean dumping research amendments P.L. 100-627, Title I
1988 Ocean Dumping Ban Act P.L. 100-688, Title I
1988 U.S. Public Vessel Medical Waste Anti-Dumping Act of 1988 P.L. 100-688, Title III
1990 Regional marine research centers P.L. 101-593, Title III
1992 National Coastal Monitoring Act P.L. 102-567, Title V
1992 Water Resources Development Act P.L. 102-580, §§504-510

Resources

See Also

  • Bureau of Ocean Energy Management
  • Saint Lawrence Seaway Development Corporation
  • Council on Environmental Quality
  • Treaty on the Prohibition of the Emplacement of Nuclear Weapons and Other Weapons of Mass Destruction on the Seabed and the Ocean Floor and in the Subsoil thereof
  • Dumping
  • Fisheries
  • International Convention for the High Seas Fisheries of the Pacific Ocean

Further Reading

  • Moore, Steven J. Troubles in the High Seas: A New Era in the Regulation of U.S. Ocean Dumping. Environmental Law. Northwestern School of Law, Lewis and Clark College. Vol. 22, No. 3, 1992. pp. 913-951.
  • Richards, Frederick Forrest, III. Ocean Dumping: An International and Domestic Perspective. Journal of Legislation. Vol. 17, No. 2, 1991. pp. 287-307.

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