Transcript PAPAHANAUMOKUAKEA

USES OF THE OCEAN
CHALLENGES & LESSONS LEARNED
James R. Walpole
Ocean Law Conference
May 22–23, 2008
Seattle, WA
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 NATIONAL MARINE MONUMENT
 140,000 square miles; 1,200 miles long
 46 individual states are smaller
 virtually untouched marine, coral and
island ecosystem
 Designated 2006, Antiquities Act
 Co-Trustees: Commerce (NOAA);
Interior (FWS); Hawaii (LNR)
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 Federal, State overlap jurisdictions
 U.S. Conservation areas (NOAA)
 U.S. Wildlife refuge and battle monument (FWS)
 Hawaii lands and water (LNR)
 DOC – DOI regulations August 19, 2006
 DOC –DOI-Hawaii December 8, 2006
 Draft Monument Management Plan April 23 2008
Comments to July 8, 2008
 Co-Trustees

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 1200 pp. Draft
 Vision; mission; management
 Arrangements for Co-Trustees
 Regulations
 Management Needs
 22 Action plans
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 IMO “Particularly Sensitive Sea Area”
 April 3, 2008
 Listed on international navigation
charts
 To/from U.S., report to Monument
 Co-Trustees helped
U.S. OFFSHORE AQUACULTURE
 For Commerce and Recreation
 45% world fish from aquaculture
 70% world aquaculture from China
 60 million tons
 70% U.S. seafood consumed is imported
 40% of U.S. imports from aquaculture
 U.S. aquaculture 600,000 tons (value $1B)
National Offshore Aquaculture Act
 NOAA coordinates permit process (other
permits still required)
 Aquaculture products not subject to
fishing definitions that restrict size,
season and harvest methods
 NOAA to ensure the aquaculture
operations do not interfere with wild
stock conservation and management
National Offshore Aquaculture Act
 Environmental requirements,
monitoring, enforcement Authority to
suspend, modify, revoke permits Bonds
or other financial guarantees
 Consultations with FMCs, states,
federal agencies, stakeholders
 Consistency with state plans
Act - Selected Provisions
Identification of farmed fish
Species allowed
Exemption from definition of
“fishing”
Savings clause
Extraterritorial jurisdiction
Offshore Legislation Rationale
 Limited near shore areas in most states
 No easy way to allow operation in federal waters
 No easy way to set standards under current law
 Over 10 years of preparatory work, new
technology
 Demo and commercial operations in state waters
showing good environmental & production
results
Act - Enforcement Provisions
 Unlawful activities
 Enforcement provisions
 Civil enforcement and permit sanction
 Criminal offenses
 Forfeitures
 Severability & judicial review
Status of Offshore Legislation
 March 17, 2007 Transmitted to
Congress
 April 24, 2007 Introduced in House
 June 14, 2007 Introduced in Senate
 July 12, 2007 House hearing on H.R.
2010
 Pass next Congress?
Acoustics & Marine Mammals
 Focus man-made, not Nature
 Whether and what effects?
 Mask essential info, or no harm?
 Whales, dolphins, porpoises - variables
 Series: clicks, whistles, music-like - variables
 Find way home, food, friends
 In water 2900 mph; air 740 mph, all directions
 Pitch, volumes, distances, temperature -
variables
Acoustics
 ESA “jeopardy” MMPA “take”
 NMSA, MPA “designate
 Some evidence clear; some not clear
 Research since 1940s
 Much active research NOAA, MMC, Office Naval
Research, NRDC, NAS, universities, foundations…
Acoustics
 Science studies - wide variables
 Sounds variable-pile driver port construction,
energy platform; ship propellers (cargo, fishing,
cruise, charter), dynamite; research, military); air
guns; sonar; seismic exploration or research,…
 No consensus – 2006 Advisory Committee report
 28 members
 Necessary scientific work continues U.S., foreign,
United Nations – policies being developed
Acoustics
 Research is cutting-edge, involves many disciplines
 Vets, physicists, bios, stats, pathols, engs, audios…
 Much research - little priorities, coordination
 Need overall program, probably USG (transparent)
 Research priorities, methods via pub/priv
scientists
 Public-private mitigation if needed
 Eng. tools, intense/frequency reduce, contain,
seasonal
 Coordinate internationally