Ocean Environmental Issues

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News Flash – the Executive Office of the President’s Council on Environmental Quality just published the Ocean Policy Task Force’s Interim Framework for Effective Coastal and Marine Spatial Planning.

The White House Press Release is here.  The interim framework is available download here.  Per the release:

The Interim Framework includes a number of important provisions that would significantly overhaul the Federal government’s approach to coastal and marine planning, including:  

·  A New Approach to How We Use and Protect the Ocean, Coast, and Great Lakes. The Interim Framework is designed to: decrease user conflicts; improve planning and regulatory efficiencies and decrease their associated costs and delays; and preserve critical ecosystem function and services.  The Interim Framework describes how such plans would be developed and implemented, and provides timeframes and steps for phased implementation of the framework.

·  Moves us Away From Sector-by-Sector and Statute-by-Statute Decision-Making. While many existing permitting processes include aspects of coordinated planning, most focus solely on a limited range of management tools and outcomes (e.g., oil and gas leases, fishery management plans, and marine protected areas).  Comprehensive marine spatial spatial planning presents a more integrated, comprehensive, ecosystem-based, flexible, and proactive approach to planning and managing uses and activities. 

·  Brings Federal, State, and Tribal Partners Together in an Unprecedented Manner to Jointly Plan for the Future.  The Interim Framework is not a top-down planning effort. Rather, it describes a new approach to Federal resource planning that is regionally based and developed cooperatively among Federal, State, tribal, and local authorities, and regional governance structures, through the establishment of nine regional planning bodies.

·  Places Science-Based Information at the Heart of Decision-Making:  Scientific data, information and knowledge, as well as relevant traditional knowledge, will be the underpinning of the regionally developed plans.

·  Emphasizes Stakeholder and Public Participation:  The planning process would be fully transparent and participatory – requiring frequent and robust stakeholder engagement throughout all steps of the process (i.e., development, adoption, implementation, adaptation and evaluation).

The Task Force’s Interim Framework is now available for a 60-day public review and comment period.  After the close of the comment period on the Interim Framework, the Task Force will finalize its recommendations in both this report and the September 10, 2009 Interim Report, and provide a final report to the President in early 2010.

 

First shark feeding and now aquarium fish, Maui County is on a tear to regulate ocean activities.

Per the Maui News, a bill has been introduced to regulate the harvest of reef fish.  Per the article:

Molina’s bill would do the following to require the humane treatment of aquarium fish:

* Prohibit many industry practices, including withholding food for more than 12 hours; deflating the swim bladder; trimming the spine or fins; exposure to air; and temperature changes of more than 2 degrees.

* Include causing the death of fish as being an inhumane treatment of aquatic life.

* Require documentation of mortality rates and disposal methods of dead fish.

* Provide that violations would be a misdemeanor with a fine between $500 and $2,000 and up to a year in jail.

I have heard discussions about the unregulated aspects of this industry and the negative impacts of the harvest of aquarium fish.  One issue is that this bill could (I have not found a copy of the bill yet) be superceded by superior state law.  A problem that the Maui County Corporation Counsel acknowledges in its memorandum on this issue.  (Memo here).

Stay tuned.

This afternoon, the Interagency Ocean Policy Task Force will hold a regional meeting in Honolulu at 1:30.  I will attend and will live-tweet at twitter.com/hawaiioceanlaw.

Per the Council of Environmental Quality, the Task Force's purpose is:

To engage the public in and take public comment on the work of the Ocean Policy Task Force. On June 12th, President Obama charged the Task Force with developing a recommended national policy that ensures protection, maintenance, and restoration of oceans, our coasts, and the Great Lakes as well as a recommend framework for improved stewardship, within 90 days. On September 17th, the Task Force released its interim report on this phase of its work and released it 30-days of public comment. Comments may be posted at www.whitehouse.gov/oceans.

The President also asked the Task Force to develop a framework for effective coastal and marine spatial planning within the next 90 days. As the Task Force is now focusing its work on marine and coastal spatial planning and it would especially benefit from comments relating to that issue.

TASK FORCE MEMBERS EXPECTED TO ATTEND:

Chair Nancy Sutley, White House Council on Environmental Quality (via satellite) 

Dr. Jane Lubchenco, Administrator, National Oceanic and Atmospheric Administration 

Adm. Thad Allen, U.S. Coast Guard Commandant (via satellite)

Dr. Wendy Wiltse, Pacific Island Office, EPA Region 9

Rear Adm. Manson Brown, Commander, Coast Guard Fourteenth District

Ms. Eileen Sobeck, Deputy Assistant Secretary for Fish, Wildlife and Parks (via satellite)

Rear Admiral Michael A. Giorgione, Civil Engineer Corps, United States Navy Commander, Naval Facilities Engineering Command Pacific and Pacific Fleet Civil Engineer

PRELIMINARY AGENDA:

  • Chair Nancy Sutley, White House Council on Environmental Quality
  • Welcome from Local Representative (TBD)
  • Background of Interagency Ocean Policy Task Force, Agenda for Public Meeting, Introduction of Task Force Members (10 minutes)
  • Task Force members

EXPERT PANELS (45 minutes)

  • Indigenous Perspectives on Science and Conservation: Kahu M. Kalani Souza, Executive Director, Olohana Foundation
  • Partnerships and Governance: Lelei Peau, Deputy Director, American Samoa Dept. of Commerce
  • Water Quality and Marine Debris: Marvin Heskett, Director, TestAmerica; former co-chair, Surfrider Foundation
  • Preservation and Conservation of Marine Resources: Dr. Charles Birkeland, Adjunct Associate Professor, Department of Zoology, University of Hawaii
  • Transportation and Tourism: Glenn Hong, CEO, Young Brothers Barges
  • Sustainable Fisheries and Aquaculture: Randy Cates, President/CEO, Cates International
  • Climate and Hazard Resilience: Dr. Katherine Courtney, Tetra Tech EMI
  • Research and Environmental Biology: Dr. Jo-Ann Leong, Director, Hawaii Institute of Marine Biology

PUBLIC COMMENT (2 hours)

  • Sam Pooley, Director, NOAA Pacific Islands Fisheries Science Center Director, will moderate

Members of the public can access the meeting in three ways: by attending in person at one of the sites listed below; by calling into the listen only phone line (888-324-8128/International: 630-395-0060; participant code: 5752428); or via live webstream at http://www.tipg.net/noaa/.

The task force interim policy is available here.

The Ocean Policy Task Force will hold a meeting in Honolulu on September 29, 2009.  The Coast Guard flyer has specifics.

Obama Administration officials will hold an Ocean Policy Task Force PublicMeeting in the Pacific Islands on Tuesday, September 29, 2009.

The Interagency Ocean Policy Task Force, led by White House Council on Environmental Quality Chair Nancy Sutley, consists of senior-level officials from Administration agencies, departments, and offices. The Task Force, established by President Obama via presidential memorandum on June 12, is charged with developing a recommendation for a national policy that ensures protection, maintenance, and restoration of oceans, our coasts and the Great Lakes. It will also recommend a framework for improved stewardship, and effective coastal and marine spatial planning. The meeting in the Pacific Islands will be the fourth regional public meeting held since the Task Force was created. The public is encouraged to attend and an opportunity for public comment will be provided.

Members of the public can access the meeting in three ways: by attending in person at one of the sites listed below; by calling into the listen only phone line (888-324-8128/International: 630-395-0060; participant code: 5752428); or via live webstream at http://www.tipg.net/noaa/.

The task force interim policy is available here.

The City and County of Honolulu is considering a bill that would ban shark tour operations, at least the shoreside businesses related to such operations.  The text of the bill provides:

SECTION 1.  Findings and purpose.  The council finds that the oceans are used by city residents and visitors for numerous aquatic activities, including fishing, boating, swimming, surfing, canoe paddling, and snorkeling.  The council further finds that sharks have great cultural, historical, and spiritual significance for many Native Hawaiians.  The council believes that shark tours, the practice of charging residents and visitors to venture into ocean waters to view sharks attracted by fish feeding, raises public safety concerns for ocean users, is disrespectful of Hawaiian culture, alters the natural behavior and distribution of sharks, and may be disruptive of ocean ecology and the natural environment.  The purpose of this ordinance is to ban shark tour operations.

Chapter 40, Revised Ordinances of Honolulu 1990, (“Prohibited Activities in the City”) is amended by adding a new article to be appropriately designated by the revisor of ordinances and to read as follows:

Article ___. Shark Tour Operations Sec. 40-__.1

Definitions

As used in this article:

“Fish feeding” means to introduce or attempt to introduce into the ocean water any food or other substance for consumption by fish.

“Shark tour operations” means the maintenance of an office, the collection of a fee or other financial consideration, the distribution, marketing, or advertising of tickets for sale, or the conduct of any other business activity conducted by a person for the purpose of enabling customers to venture into ocean waters to view sharks attracted by fish feeding; provided that this term does not include educational or cultural expeditions or endeavors for which a fee is not required.

Prohibition. It is unlawful for any person to engage in shark tour operations.

Violation—Penalty. Any person who violates this article shall be fined not more than $1,000 or imprisoned not more than one year or both.”

This ordinance shall take effect upon its approval.

My earlier posts on Maui County’s ban can be found here.

The U.S. Coast Guard is about to publish proposed regulations pertaining to ballast water handling in U.S. waters.  The official publication happens tomorrow, but the rule can be downloaded here (it is 180 pages, so be warned before printing).  This action is entitled a Notice of Proposed Rule Making or NPRM.

Highlights:

This NPRM would require that all vessels that operate in U.S. waters, are bound for ports or places in the U.S.,and are equipped with ballast tanks, install and operate a Coast Guard approved ballast water management system (BWMS) before discharging ballast water into U.S. waters. This would include vessels bound for offshore ports or places.

During the phase-in period for the phase-one standard, ballast water exchange (BWE) would remain as a ballast water management (BWM) option for vessels not yet required to meet the BWDS. At the end of the phase-one phase-in schedule, the option of using BWE would be eliminated. From that date forward, all vessels would be required to manage their ballast water through a Coast Guard approved BWMS and meet either the proposed phase-one or phase-two discharge standard, as applicable, or retain their ballast water onboard.

The Coast Guard acknowledges that testing is not yet technologically feasible and that Phase II is 1000 times more stringent than Phase I.  Hence, it is temporally phasing the implementation to allow for testing to become more technologically practical.

There has been much criticism over the Coast Guard’s handling of its authority to deal with invasive species in ballast waters, particularly in the Great Lakes.  See my posts here, here, here.

Comments:

To submit your comment online, go to http://www.regulations.gov and click on the “submit a comment” box, which will then become highlighted in blue. Insert “USCG-2001-10486” in the Keyword box, click”Search”, and then click on the balloon shape in the Actions column.

The County of Maui is considering a bill purporting to ban shark tours.  KITV reported the story here.

I pulled the bill from Maui County's website. 

The text is short, so I have reproduced below:

SECTION 1. Findings and purpose. The Council finds that sharks have been revered throughout Hawaiian history; sharks, called mano

…