United States Resources

MCA Feasibility Analysis Project Overview (pdf, 276k)

Coral Triangle, Eastern Tropical Pacific, Gulf of California, and Gulf of Mexico MCA Feasibility Analysis Proposal (pdf, 240k)

United States Analysis

Status: Initial and In-depth

Within the United States, the ability for private organizations to implement Marine Conservation Agreements (MCAs) must be analyzed at the federal or individual state level, depending on where within the seascape the proposed MCA will be located.

Individual coastal states possess management responsibility for most activities in state waters, which start at the state's coastline and extend seaward three nautical miles (except for in the Gulf of Mexico, where the jurisdictions of Florida, Texas and Louisiana extend seaward nine nautical miles). The U.S. federal government has jurisdiction within the Exclusive Economic Zone (EEZ), which generally starts at the seaward limit of the states' jurisdiction and extends 200 nautical miles from the coastline. In-depth and initial analyses are available for individual coastal states at U.S. State Analyses. While an in-depth analysis for MCA options in the U.S. EEZ has not yet been completed, an initial review information presents helpful aspects about the U.S. EEZ that relate to MCAs.

Overview

The management and conservation of federal waters in the U.S. is complicated. There are over 140 federal laws and more than 20 federal entities that relate to ocean management within the jurisdiction of the United States federal government.1 Jurisdictional authority over some activities is well-established, such as for off-shore fisheries and oil exploration, while for other activities is poorly established, such as for aquaculture and bioprospecting.2 A primer on U.S. ocean jurisdictions was developed by the U.S. Commission on Ocean Policy (download pdf, 155k).

The U.S. Federal Submerged Lands Act (download .pdf, 176k), and subsequent court rulings interpreting it, formally transfers ownership and authority of certain submerged lands to the states as well as defines the seaward boundaries of state jurisdiction. Generally this is three nautical miles from ordinary low water, plus “inland coastal waters”—except in Texas, Louisiana, and the west coast of Florida, where state jurisdiction extends nine nautical miles into the Gulf of Mexico.

The U.S. Federal Clean Water Act (download .pdf, 537k) provides a framework for regulation of water quality in surface and tidal waters, including wetlands, to which states must conform. The BEACH Act (download .pdf, 116k) provides funding for monitoring of water quality at bathing beaches. Finally, all coastal states have federally approved coastal plans under the Coastal Zone Management Act (download .pdf, 196k). The lead coastal zone management agency is often a good place to find experts in state management of coastal resources.

Multiple Uses and Leasing

Despite recent assertion that it is not legally possible or functionally necessary to privatize ocean lands and resources lying within the EEZ of the United States3, private entities have already acquired proprietary rights for oil, natural gas, sand, gravel, salt, sulfur, and utility transmission lines. For example, the Minerals Management Service (MMS) currently has 8,270 active oil and gas leases that cover 44 million acres of the EEZ.4 Other existing uses include hazardous material sites, shipping channels, dumping areas, artificial reefs, and marine protected areas. In addition, new leasing programs are currently being considered for alternative energy and aquaculture facilities. The question remains if and how these new and historical leasing programs can be used for conservation purposes as well as development, resource extraction, and energy purposes.

State Jurisdiction

Generally, jurisdiction over the first three miles of the ocean coast areas in the U.S. (except for the Gulf Coasts of Texas, Florida and Louisiana (and Puerto Rico), where state jurisdiction extend nine miles seaward) has been delegated to the states (see U.S. State Analyses ) via the Submerged Lands Act.

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