President Obama signed an Executive Order Monday that establishes a national ocean policy and creates a framework for protecting federal waters, coasts and the Great Lakes through coastal and marine spatial planning.
The Executive Order is based on recommendations developed by an Interagency Ocean Policy Task Force, which was created by the Obama administration in June 2009.
In the past, the U.S. has managed its coasts and ocean in a piecemeal fashion. More than 20 federal agencies apply 140 laws in pursuit of their
individual mandates, often in isolation from each other, according to the group Ocean Conservancy. As a result, planning
is neither proactive nor based on shared goals, but rather reactive and
driven by single sectors without a comprehensive vision. Ocean Conservancy said Obama’s order could remendy the situation, charging leaders to work together for better ocean
management.
"Coastal and marine spatial planning will allow for more transparent decisions about how to manage conflicting uses while maintaining and restoring the health of the ocean," said Vikki Spruill, president and CEO of Ocean Conservancy. "Growing demands from traditional ocean users and new industries such as renewable energy, our ocean is getting more crowded and we are taking bigger risks with fragile ecosystems essential for life on our planet.”
The executive order creates a new National Ocean Council to coordinate the work of numerous federal agencies involved in conservation and marine planning.
The spatial planning process will limit recreational and commercial activities to designated zones that will be overseen by new regional organizations, under the auspices of the National Ocean Council.
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Despite being rebuffed twice by the U.S. Supreme Court, five states filed suit Monday with a lower court demanding tougher federal and municipal action to prevent Asian carp from overrunning the Great Lakes and decimating their fishing industry.
Read Associated Press coverage at the link below.
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“President Obama signed an Executive Order Monday that establishes a national ocean policy and creates a framework for protecting federal waters, coasts and the Great Lakes through coastal and marine spatial planning.”
We do not require a new policy. We merely need to enforce our current applicable laws, namely, The Oil Pollution Act of 1990 (OPA 90) and The Clean Water Act (CWA).
Pursuant to OPA Section 4201, and given that the BP oil spill is a “discharge posing substantial threat to public health or welfare,” President Obama should have federalized the collection of the oil that is in the sea and the restoration of the coastal areas impacted by the oil. Both of these activities could be done without having to federalize the operational priority of stopping the flow of oil from the well.
The Obama administration has no intention of holding BP accountable under either OPA 90 or CWA. Under the CWA, BP faces fines of up to $4,300 for each barrel spilled. Furthermore, pursuant to Section 2702 of OPA 90, BP would be required to pay royalties (18.75%) owed to the federal government for the oil gushing from the well.
For a clear understanding of the action that President Obama did not take in response to the BP oil gusher, visit:
http://donovanlawgroup.wordpress.com/2010/07/19/165/