Area-Based Management of Marine Resources: A Comparative Analysis of the National Marine Sanctuaries Act and Other Federal and State Legal Authorities

摘要

The oceans face serious threats ranging from habitat degradation to declining fisheries to the effects of climate change. Analysts have concluded that ecosystem-based management tools like marine protected areas and marine reserves are important for protecting the United States' marine resources from these threats and for preserving the oceans' benefits for current and future generations. The success of spatially explicit protected areas depends on involving stakeholders in the process to site, regulate, and manage the protected areas. While many ocean resource laws have or might be used to provide spatial protections, the National Marine Sanctuaries Act (NMSA) stands apart in offering the kind of management regime needed to preserve ocean resources. Indeed, when enacting the NMSA in 1972, Congress intended to create a comprehensive management system for the entire marine environment that balanced preservation and human activities. To achieve this goal, the NMSA provides for setting aside marine areas for permanent protection and long-term management as national marine sanctuaries. This report provides an overview of the NMSA and other domestic legal mechanisms for preserving marine ecosystems, including federal authorities, state laws, and the common law of torts.