May 13, 2009 Marine Fisheries Advisory Committee: Regional Ocean Governance Mark C. Holliday, Ph.D. Office of Policy

2 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. Objective/Purpose:

3 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

4 444 Summary of Ocean Priorities: April 2009 JOCI Recommendations Improved Governance President by Executive Order should establish a National Ocean Policy and a high level ocean advisor Congress should pass a comprehensive ocean policy and framework that— —Advances marine spatial planning —Provides Federal support for regional governance Codify and strengthen NOAA —Establish NOAA as lead civilian ocean agency —Reorganize NOAA around core missions Regional collaboration, including science-based ecosystem assessments Bolster International Leadership Law of the Sea Arctic Specific Management Challenges Strengthen and reauthorize the CZMA Expedite implementation of MSA Employ innovative, science-based approaches to ecosystem-based management Strengthen Ocean Science Reaffirm JSOST and bolster NOPP Codify ORRAP Elevate ocean science coordination to WH level (OSTP, CEQ...) Establish Ocean Policy Trust Fund

5 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

6 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.

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

8 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?

9 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

10 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

11 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.

12 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?

13 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 Integration, Conflict Resolution

14 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?

15 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

16 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?

17 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?)

18 What is policy?