Reforming Oceanic Governance: A Department of Oceans
by Joseph Lepak
Current federal ocean governance is spread across a myriad of federal agencies in different departments and the time has come to bring them all together. This blog proposes that a new federal executive department is needed to bring ocean governance into the 21st century: a Department of Oceanic Affairs (DOA). First, we will cover the current governance structure of United States oceans, the current need for a DOA, and lastly propose how DOA would be structured, and what DOA would be responsible for.
From the mean high tide line on the shore to 200 nautical miles, the waters above and below are under United States jurisdiction. Beyond 200 nautical miles, the ocean seafloor part of the continental shelf(the extension of the continent into the ocean) is still under United States jurisdiction. Twelve nautical miles from shore to sea are the territorial waters, where full U.S. law applies. Congress, in the 1953 Submerged Lands Act gave states jurisdiction from shore to three nautical miles (although Texas and Florida for their gulf coastline are special as their jurisdictions extend nine nautical miles). From the territorial waters and up to 200 nautical miles is the exclusive economic zone where only a limited form of jurisdiction exists, primarily regulation of economic activities. In total, 131 million square kilometers (~50 million square miles) is under United States jurisdiction.
Governing this vast area, four agency mandates prioritize oceans, while other mandates involve oceans. The largest and most important agency is the National Oceanic and Atmospheric Administration (NOAA). NOAA is responsible for research of the ocean and weather, conservation of the ocean, management of fisheries, and the protection of marine endangered species. NOAA is part of the Department of Commerce, and interestingly does not have an organic statute, instead being created by executive order. Then there is the Bureau of Ocean Energy Management (BOEM) and Bureau of Safety and Environmental Enforcement (BSEE), both created by splitting the Minerals Management Agency in the wake of the 2010 BP oil spill. BOEM is responsible for permitting ocean energy projects (oil rigs and wind-turbines) while BSEE is responsible for ensuring that those energy projects meet safety standards. Lastly, the Maritime Administration (MA) regulates and promotes the development of the U.S. merchant marine and shipping industry. Beyond the four primary ocean agencies is the Environmental Protection Agency, which regulates ship discharges, ocean trash, and beach/coastal health; and the United States Army Corps of Engineers which regulates certain uses of water, such as dredging and dock and harbor construction and operation.
Creating a new executive department would promote administrative efficiency and the new department would serve as a designated entity to address ocean developments. Reorganization for administrative efficiency is a common reason for creating new departments. The Department of Education was a spin-off of the Department of Health, Education, and Welfare’s education programs consolidated with education programs in the Department of the Interior and Department of Labor. Similarly, the Department of Energy (DOE) brought together 30 agencies with energy-related mandates under one roof. Both departments were meant to provide an effective means of communication between the different agencies but also highlighted a commitment by the federal government to the field in question. For example, the DOE assembled its various agencies to tackle the energy crisis of the 1970s. The need for an Ocean Policy Committee in 2021 indicates the potential for efficiency increases by creating DOA. The push by the Biden administration to balance conservation with increased offshore development required greater coordination by agencies and necessitated a national ocean strategy.
While improving federal administrative efficiency is a solid reason for DOA’s creation, the growing “blue economy” demands that an organization like DOA exists. Notably, the Biden Administration seeks to build 30 gigawatts of offshore wind power by 2030. However, the expansion of offshore wind is but one part of the Biden Administration’s strategy which includes the protection of 30% of all marine areas by 2030 and the elimination of greenhouse gas emissions from shipping. Additionally, the Biden administration has invested $240 million into aquaculture. All these actions (offshore renewable energy, clean shipping, and fisheries management) are part of what experts call the blue economy. The blue economy is the revitalization of industries related to the ocean as part of a sustainable future, as exemplified by the United Nations Sustainable Development Goal 14, and the recognition that offshore wind and aquaculture will only increase the importance of the ocean in the overall economy. However, regardless of the future president, the Biden Administration will end, and the future of these initiatives may become uncertain. A special purpose department, if built on sustainable principles, will enshrine our nation’s commitment to the ocean and ensure a just development of the blue economy.
The Department of Oceanic Affairs would be the logical outgrowth of the Ocean Policy Committee, and would consolidate the National Oceanic Atmospheric Administration, the Bureau of Ocean Energy Management, and the Bureau of Safety and Environmental Enforcement. The Maritime Administration, as a transportation agency, would remain part of the Department of Transportation since keeping all transportation agencies together maintains their efficiency. Additionally, the DOA is a management entity and not a defense entity, so the DOA would not share roles with the U.S. Navy or Coast Guard. Instead, the DOA should be viewed as a maritime equivalent to the Department of the Interior, administering federal lands at sea. DOA would be responsible for the regulation of fisheries, offshore energy development, marine national sanctuaries and other protected areas, protecting marine species, research into the ocean and the atmosphere, and be the first point of federal regulatory efforts as new maritime ocean developments occur. At minimum there should be four assistant secretaries that the current agencies would filter into: (1) an Ocean Research Administration; (2) an Ocean Conservation Administration; (3) an Ocean Resource Management Administration; and (4) an Ocean Safety Administration. The administrations/assistant secretaries would oversee the relevant current agencies, so NOAA would be split, and (for example) the National Marine Fisheries Service would be part of the Ocean Resource Management Administration while the Weather Service would go to the Ocean Research Administration. BOEM would be incorporated as a sister within the Resource Administration alongside the fisheries service, while BSEE would be part of the Ocean Safety Administration. With NOAA as its backbone, the new department would transform NOAA into an entity that can address the 21st-century ocean challenges outlined above.
