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					 Marine Fisheries
 Advisory Committee:
   Regional Ocean Governance

Mark C. Holliday, Ph.D.
Office of Policy


May 13, 2009
         Objective/Purpose:


The purpose of this session is to identify & discuss
issues most important to NOAA in anticipation of a
future based on regional ocean governance, and to
identify the steps or actions needed to prepare for
those outcomes.




                                                       2
                    Background/Context


Joint Ocean Commission Initiative Report (April 2009)
  - There is still work left undone
  - Recommendations to Obama Administration

New NOAA Administrator
  - CEQ/White House leader for the Oceans
  - Goal: Fulfill missing elements of ocean policy &
     governance


                                                        3
                                  Summary of Ocean Priorities:
                            April 2009 JOCI Recommendations

Improved Governance                                    Specific Management Challenges
President by Executive Order should establish a        Strengthen and reauthorize the CZMA
National Ocean Policy and a high level ocean advisor   Expedite implementation of MSA
Congress should pass a comprehensive ocean policy      Employ innovative, science-based approaches to
and framework that—                                    ecosystem-based management
      —Advances marine spatial planning
      —Provides Federal support for regional
      governance                                       Strengthen Ocean Science
Codify and strengthen NOAA                             Reaffirm JSOST and bolster NOPP
      —Establish NOAA as lead civilian ocean agency    Codify ORRAP
      —Reorganize NOAA around core missions            Elevate ocean science coordination to WH level (OSTP,
                                                       CEQ . . .)
Regional collaboration, including science-based
ecosystem assessments
                                                       Establish Ocean Policy Trust Fund
Bolster International Leadership
Law of the Sea
Arctic
                                                                                                            4

                                                                                                        4
            What are the Missing Elements?


• Statement of national ocean policy founded on
  ecosystem health
• An interagency strategy to execute policy
• Independent ocean advisor to President
• Comprehensive marine spatial planning
• Federal leadership implementing regional ocean
  governance



                                                   5
              Sample National Ocean Policy
              Statement

Through Executive Order, legislation or otherwise:

It is the policy of the United States that maintaining a
    healthy, resilient and sustainable ocean ecosystem
    function is the guiding principle for all federal agency
    activities and actions affecting the ocean.




                                                               6
                 Essential Characteristics
                 Underlying the Policy

 Build ecosystem resilience     Integrate ocean, land &
 Protect biodiversity          atmosphere
 Adopt a precautionary          Promote collaboration &
approach                        partnerships
 Balance passive and            Ensure national security
consumptive uses                interests
 Chose ecologically relevant    Ensure transparency &
scales                          stakeholder engagement
 Adopt best science,
technology and information


                                                             7
              Actions to Achieve Unmet
              Governance Needs

A US ocean policy will rely heavily on collaboration and
  partnerships with states, other levels of government
  and stakeholders.

How do we bring together in one place multiple
  management authorities, sectors and constituencies?




                                                           8
               Five Planning Regimes in use
               Worldwide

1. Individual sectors w/out common ends
2. Sectors w/agreed common ends
3. Virtual organizations (partnerships, committee
   structures , co-management)
4. An overall coordinating body
5. An overall management agency

Increasingly from “soft” (1) to “hard” (5) governance


                                                        9
                   Current US situation

• State-organized regional collaboration alliances
   - Big 8: West Coast Governors’ Agreement, Great Lakes Commission, Gulf
     of Maine Council on the Marine Environment, Northeast Regional Ocean
     Council, Mid-Atlantic Regional Ocean Council, Governors' South Atlantic
     Alliance, Gulf of Mexico Program, Gulf of Mexico Alliance

• Regional Fishery Management Councils
• Regional Federal entities (EPA, FWS, MMS, military)
   - NOAA Regional Teams
   - NMFS Regional Offices



                                                                               10
               Current Capacity for Regional
                       Governance

Interviewed NOAA personnel serving on major regional
   collaboration organizations & NOAA Regional Teams.
How well are the regional organizations positioned to help
   NOAA advance regional ocean governance?
Results:
Most ecosystem-centered; variable priorities, some NOAA
  overlap.
More collaboration vs. governance --no authority to actually
  implement and enforce policy.
Varied public & stakeholder participation – mixed transparency.
Lacking Independent scientific or judicial review of actions.
                                                                  11
                 Future Regional Ocean Governance
                 Implementation

 New Regional Ocean Councils/Partnerships (e.g., Pew
  Report, HR 21)?
 Modify roles for regional alliances, states, Fishery
  Management Councils, interstate commissions?

 Must Address
      “Hard” vs. “soft” governance
      Ability to resolve conflicting mandates
      Authority to implement, monitor & enforce policy
      Transparency/public participation
      Judicial review?
                                                          12
                                Integration, Conflict
                                     Resolution
•   Issues and Considerations
     – No existing mechanism exists to look at ocean policy decisions strategically
        in an integrated manner
     – Limited ability to effectively resolve competing or conflicting uses or impacts
     – Need to consider cumulative impacts among uses
     – NOAA Fisheries/RFMC under MSA and ESA, and NOS under Sanctuaries
        Act, are the two principal regional ocean governance authorities outside the
        Territorial Sea – broadest federal agency mandate to conserve ecosystems

•   Options
     – Identify interagency strategies/policy goals that cross jurisdictional lines
     – Continue use of processes available under NEPA and other existing statutes
     – Charge SIMOR or new entity with overarching duty to resolve conflicts
     – Congressional action vs. Executive Order

                                                                                         13

                                                                                         13
               Let’s Plan for Changing Roles and
               Responsibilities

What changes need to occur in NOAA and NMFS in a
 future based on regional ocean governance?

What responsibilities, authorities, research focus,
 oversight, accountability, provision of data and
 services, resources will need change?




                                                      14
             Data & Process Requirements


 Integrated Ecosystem Assessments
 Data/models at regional level -- climate, habitat, social
  science and biological scales
 Means to engage public
 Appropriate venue
 Coordinated decision-making between federal
  (international), regional, state and local bodies
 Sufficient authority
 Competent leadership
                                                              15
             Regional Ocean Governance –
             Possible Discussion Questions

What role(s) should NMFS and NOAA as a whole have
  and/or what responsibilities?

How would potential Regional Ocean Councils interact with
  Regional Fishery Management Councils? NMFS Regional
  offices?

What are NOAA’s strengths related to this issue; what
  services could we provide?



                                                            16
              Regional Ocean Governance –
              Possible Discussion Questions

What should the roles be for NMFS regions, science centers,
  or HQ offices?

How will these responsibilities impact current activities or
  future strategies for resource management (i.e., how do
  ecosystem based management, integrated ecosystem
  assessments and regional ocean governance fit in?)




                                                               17
                   What is policy?


Policy defined…
pol-i-cy ('pä-l&-sE)n.
 1 a : a definite course or method of action, selected from among alternatives and in light
of given conditions, to guide and determine present and future decisions b: a high-level
overall plan embracing the general goals and acceptable procedures especially of a
governmental body.

Policy - A statement of important, high-level direction guiding decisions and actions
throughout the National Marine Fisheries Service. Policy translates the ideas, goals, or
principles contained in the mission, vision, and strategic plan into action-specific directives.




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