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USES OF THE OCEAN CHALLENGES & LESSONS LEARNED

USES OF THE OCEAN CHALLENGES & LESSONS LEARNED. James R. Walpole Ocean Law Conference May 22–23, 2008 Seattle, WA. PAPAHANAUMOKUAKEA. NATIONAL MARINE MONUMENT 140,000 square miles; 1,200 miles long 46 individual states are smaller virtually untouched marine, coral and island ecosystem

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USES OF THE OCEAN CHALLENGES & LESSONS LEARNED

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  1. USES OF THE OCEANCHALLENGES & LESSONS LEARNED James R. Walpole Ocean Law Conference May 22–23, 2008 Seattle, WA

  2. PAPAHANAUMOKUAKEA • 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)

  3. PAPAHANAUMOKUAKEA • 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

  4. PAPAHANAUMOKUAKEA • 1200 pp. Draft • Vision; mission; management • Arrangements for Co-Trustees • Regulations • Management Needs • 22 Action plans

  5. PAPAHANAUMOKUAKEA • IMO “Particularly Sensitive Sea Area” • April 3, 2008 • Listed on international navigation charts • To/from U.S., report to Monument • Co-Trustees helped

  6. 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)

  7. 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

  8. 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

  9. Act - Selected Provisions • Identification of farmed fish • Species allowed • Exemption from definition of “fishing” • Savings clause • Extraterritorial jurisdiction

  10. 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

  11. Act - Enforcement Provisions • Unlawful activities • Enforcement provisions • Civil enforcement and permit sanction • Criminal offenses • Forfeitures • Severability & judicial review

  12. 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?

  13. 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

  14. 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…

  15. 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

  16. 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

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