Approaches for the Sustainable Management of U.S. Ocean Waters and the Ocean Economy: Considerations for Congress

Approaches for the Sustainable Management of U.S. Ocean Waters and the Ocean Economy: Considerations for Congress

February 8, 2022
Approaches for the Sustainable Management of U.S. Ocean
Waters and the Ocean Economy: Considerations for Congress
In its first year, the Biden Administration engaged in
national jurisdiction by 2025, in support of the global target
international climate fora and outlined domestic climate
to protect 30% of the global ocean by 2030 (i.e., U.N.
policies in Executive Order (E.O.) 14008, “Tackling the
Decade of Ocean Science for Sustainable Development).
Climate Crisis at Home and Abroad.” The Administration
According to the involved countries, the action plan strives
described its view of the impacts of climate change on the
for a holistic approach to ocean management that balances
ocean and ocean-based solutions (including sustainable
protection and production within national waters.
ocean management) for addressing climate change. The
sustainable management of U.S. ocean areas may include
As part of joining the Ocean Panel, the United States
balancing the economic growth of shipping and fishing with
announced it would develop a national plan to sustainably
ocean health, promoting environmental conservation and
manage ocean areas under its national jurisdiction within
sustainable use of ocean resources, and implementing a
five years. As an Ocean Panel member, the United States
science-informed and ecosystem-based management plan
also is to work with other member countries to create a
for the ocean. This In Focus links ocean outcomes from the
sustainable global ocean economy. The Ocean Panel
2021 United Nations (U.N.) Framework Convention on
member countries make up more than 40% of the world’s
Climate Change (UNFCCC) 26th Conference of the Parties
coastlines and more than 30% of the global exclusive
(COP26) to congressional ocean policy considerations.
economic zones (EEZ). These countries also account for
approximately 20% of global fisheries and approximately
Ocean Outcomes at COP26
20% of the global shipping fleet. The U.S. EEZ is the
At COP26, the Biden Administration joined in multilateral
world’s largest, spanning over 13,000 miles of coastline and
fora and issued several statements regarding U.S.
containing 3.4 million square nautical miles of ocean.
government actions. The United States joined the High-
Level Panel for a Sustainable Ocean Economy (Ocean
Shipping Declarations
Panel), a multicountry panel established in 2018; in the U.S.
The United States signed two shipping declarations at
Department of State’s press release, the Ocean Panel’s
COP26. The Declaration on Zero Emission Shipping by
sustainable approach is “harnessing the power of the ocean
2050 (signed by 14 countries) calls for zero-emission fuels
to reduce greenhouse gas emissions, provide jobs and food
on international commercial vessels by 2030. The
security, improve climate resilience, and sustain biological
Clydebank Declaration for Green Shipping Corridors
diversity.” The Biden Administration announced it will
(signed by 22 countries) calls for the establishment of at
develop a national plan to sustainably manage the ocean
least six zero-emission shipping routes between two (or
area under its jurisdiction within five years and signed two
more) ports by the middle of the 2020 decade.
declarations that call for decarbonization of the shipping
industry. Congressional support may be key to the
U.S. Position on Ocean-Climate Issues
Administration’s ability to meet its ocean goals.
E.O. 14008 identifies ocean issues that may complement
the development of a national sustainable ocean plan. These
Annual Dialogue on Ocean and Climate Change
issues include the discussion of climate in international
One outcome of COP26 was the issuance of the Glasgow
ocean fora, reevaluation of U.S. fisheries management,
Climate Pact. This document, among other things,
protection of marine habitat and biodiversity, consideration
established an annual ocean-climate dialogue process. The
of the environmental cost of offshore oil and gas extraction,
annual dialogue aims to create a formal, recurring space to
and conservation of 30% of U.S. waters by 2030.
elevate challenges within the ocean-climate nexus,
coordinate solutions, and promote scientific research within
Several U.S. federal departments and agencies address
the UNFCCC. The 25th Conference of the Parties, dubbed
aspects within the ocean-climate nexus. For example, the
by some as the Blue COP, had resulted in a one-time
National Oceanic and Atmospheric Administration chairs
dialogue on Ocean and Climate Change. This was the first
the Interagency Working Group (IWG) on Ocean
official dialogue on the ocean-climate nexus convened
Acidification to coordinate research and monitoring on the
under the UNFCCC to discuss the implementation of
topic; the Department of Transportation supports the
mitigation and adaptation ocean actions.
International Maritime Organization’s goal to halve
emissions from ships by 2050 (compared with 2008 levels);
Sustainable Ocean Plan
and the Department of Energy funds public and private
In 2020, the then-14 member countries of the Ocean Panel
research projects, such as the conversion of ocean wave
announced their shared ambitions to develop individual
energy into zero-carbon energy.
national sustainable ocean action plans that would guide the
100% sustainable management of ocean areas under their
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Approaches for the Sustainable Management of U.S. Ocean Waters and the Ocean Economy: Considerations for Congress
Issues for Congress
disturbs the seabed and releases sediment-stored
According to the U.S. Bureau of Economic Analysis, the
CO2. Such advocates also assert that the U.S.
ocean economy contributed an estimated $397 billion to the
government could more stringently enforce
national gross domestic product in 2019. Ocean resources
regulations to stop illegal, unreported, and
provide food as well as economic and national security.
unregulated (IUU) fishing within U.S. waters and
Congress may consider the possible effects of actions it
the import of IUU seafood into the United States.
takes regarding the implementation of a national ocean
Some commercial and recreational fishermen may
sustainable plan on these services.
oppose new fishing measures that limit their catch
yields or technology and equipment requirements
In the 117th and 116th Congresses, some Members have
that might place a financial burden on them.
shown interest in the establishment of more sustainable
 Deploying offshore renewable energy. The
management and use of U.S. waters and resources through
offshore renewable energy industry (wind, solar,
proposed legislation (e.g., S. 46 and H.R. 160, Restoring
wave, and tidal energy producers) contends these
Resilient Reefs Act of 2021) and enacted legislation (e.g.,
technologies can replace or offset carbon-intensive
P.L. 116-224, Save Our Seas 2.0 Act). Members may
energy sources (coal, natural gas, and petroleum).
consider ocean-related policy issues, including
Solar, wave, and tidal energy advocates call for

increased federal funding for public- and private-
Protecting U.S. coastal “blue carbon”
sector research and development to help increase
ecosystems. The conservation community and
deployment; wind energy advocates call for more
some decisionmakers see the identification and
offshore leasing, production and investment tax
protection of selected marine ecosystems (e.g.,
credits, manufacturing and construction incentives,
seagrasses, mangroves, kelp forests) in U.S. waters
and favorable conditions for entering electricity
as a nature-based approach to absorb and store
markets. Environmental advocates support the
atmospheric carbon dioxide (CO2) and to protect
transition away from fossil fuels, while
and restore threatened marine habitats and wildlife,
emphasizing that offshore renewable energy
among other potential benefits. Commercial and
infrastructure be sited to reduce habitat and
recreational fishermen express concerns that some
biodiversity disturbances. Local stakeholders may
identified areas may unnecessarily restrict fishing
claim that wind farms damage seascape aesthetics.
access and may not increase fish productivity.

Competing priorities may further complicate
Reducing shipping emissions within U.S.
Administration and congressional efforts surrounding a
waters. Research shows that a reduction of vessel
national sustainable ocean plan. Resource constraints also
speeds can reduce emissions from the shipping
may become a factor when considering possible options.
industry. Banning engine idling while ships are at
dock in U.S. ports also would likely reduce the
Stakeholders have highlighted the potential for duplicating
industry’s carbon footprint. The implementation of
existing activities. For example, some established IWGs
either of these measures could apply to every ship
mandated through legislation may already be working
entering U.S. ports, regardless of its home country.
indirectly toward aspects supporting ocean sustainability in
The shipping industry notes that reducing
U.S. waters (e.g., IWG on Ocean and Coastal Mapping).
maximum speed limits could slow the supply
Stakeholders suggest that instead of establishing new and
chain and affect the industry’s ability to meet
potentially duplicative IWGs, Congress consider amending
global demands, especially for perishable goods.
through legislation the purposes of existing IWGs to better
Speed reductions also might lead to a U.S. trade
align with a national ocean sustainable plan.
disadvantage, should the shipping industry give
preference to countries without speed limitations.
The United States manages its own national waters and has
Congress may consider whether changes in certain federal
not ratified the U.N. Convention on the Law of the Sea
programs would be needed to support a sustainable ocean
(UNCLOS). UNCLOS is an international agreement that
economy and if providing other types of federal support,
establishes a legal framework for all marine and maritime
such as grants, might offer opportunities for public- and
activities, including environmental protections. The
private-sector economic activities that promote ocean
agreement remains controversial among some Members of
sustainability. These changes might include
Congress, who argue that the United States may be faced
with unnecessary burdens or would not gain any additional
 Implementing sustainable measures in the U.S.
freedoms or benefits through ratification. Other
fishing industry. Environmental advocates point
stakeholders argue that U.S. ratification would help protect
to several measures that they assert could improve
marine ecosystems by allowing the United States to
the U.S. fishing industry’s sustainability. These
negotiate provisions that account for the effects of climate
measures include implementing technologies and
change on marine ecosystems and work toward sustainably
practices to reduce bycatch; reevaluating fish stock
managing the global ocean and its resources.
baselines through scientific research to adjust
catch limits; limiting the use on U.S. fishing
Caitlin Keating-Bitonti, Analyst in Natural Resources
vessels of plastic equipment (e.g., nets, ropes) that
Policy
contribute to marine plastic pollution; and
restricting bottom-trawling, a fishing practice that
IF12037
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Approaches for the Sustainable Management of U.S. Ocean Waters and the Ocean Economy: Considerations for Congress

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https://crsreports.congress.gov | IF12037 · VERSION 1 · NEW