Exploring Regional Management NGA Ocean Policy Conference September 2003

Ocean Governance Findings Lacks vertical coordination among different levels of government; Lacks vertical coordination among different levels of government; Lacks horizontal coordination among agencies within the federal government; Lacks horizontal coordination among agencies within the federal government; Is based on political and jurisdictional boundaries and does not take into account comprehensive planning and implementation to address ecosystem needs, and performance; Is based on political and jurisdictional boundaries and does not take into account comprehensive planning and implementation to address ecosystem needs, and performance; Continues to be dominated by stove-pipe single resource management programs; and Continues to be dominated by stove-pipe single resource management programs; and Is disconnected from land and water governance structures. Is disconnected from land and water governance structures.

Management Silos Laws Laws Agencies Agencies Programs Programs Process Driven Process Driven

Regional Commission Model Manageable environmental problem Manageable environmental problem Shared Resource/Shared Sense of Region Shared Resource/Shared Sense of Region Transboundary/Transjurisdictional Management Transboundary/Transjurisdictional Management Governmental expertise applied within a matrix of local participation & initiative Governmental expertise applied within a matrix of local participation & initiative “Toolbox” of technical and financial assistance “Toolbox” of technical and financial assistance

Think and Act Like a Region Regional Collaboration… Regional Collaboration… Involves people and organizations with diverse viewpoints working across political and jurisdictional boundaries, public and private sectors, and multiple disciplines to sustain social, economic, and environmental values of particular places. Involves people and organizations with diverse viewpoints working across political and jurisdictional boundaries, public and private sectors, and multiple disciplines to sustain social, economic, and environmental values of particular places. (from Lincoln Institute of Land Policy) (from Lincoln Institute of Land Policy)

Regional Governance No one right answer No one right answer Customize to particular places Customize to particular places Key feature is strong regional partnerships Key feature is strong regional partnerships Public and Private Sectors Public and Private Sectors Principles/Goals/Plans/Outcomes Principles/Goals/Plans/Outcomes Link regional effort to established decision-making systems Link regional effort to established decision-making systems

Management Themes and Principles Integrated Management Integrated Management Manage ground and surface water as an integrated system, by hydrologic units, including both quality and quantity and considering all phases of the water cycle. (Need to protect headwaters to protect the ocean/Solutions transcend political boundaries) Integrated management is crucial to improving outcomes. Improved land management is essential for enhanced water quality and hydrologic integrity.

Management Themes and Principles Adaptive Management Adaptive Management Decision frameworks should be flexible to accommodate innovations and adapt to new knowledge. Measure environmental performance by results and outcomes. Sound decision making must be based on the best available scientific understanding.

Management Themes and Principles Pollution Prevention Pollution Prevention The most effective way to eliminate pollution is to prevent it from occurring. Markets Before Mandates Markets Before Mandates Use economic and other incentives, where feasible, to achieve resource management objectives. Public-private partnerships Public-private partnerships Public-partnerships and enhanced cooperation are necessary for improved outcomes.

Results Based Management Goal Setting (Objective Driven) Goal Setting (Objective Driven) Establish measurable targets for assessing environmental progress Quantify baseline (current conditions) and monitor trends (are conditions improving or worsening) Reporting: An informed public is critical to an improved environmental future.

Case Studies The Chesapeake Bay Program The Chesapeake Bay Program - Gubernatorial Executive Council Model - Gubernatorial Executive Council Model The Great Lakes Commission The Great Lakes Commission - Bi-national: State/Federal Compact Model - Bi-national: State/Federal Compact Model The Delaware River Basin Commission The Delaware River Basin Commission - State/Federal Legislative Compact Model - State/Federal Legislative Compact Model

Basin Facts ● Largest un-dammed river east of the Mississippi – 330 miles ● 13,539 square mile drainage ● 17 million water users ● Port complex, including Philadelphia, Camden and Wilmington, is the largest freshwater port in the world ●Three reaches included in National Wild and Scenic River System ●World class trout fishery in the tailwaters of the NYC reservoirs ● Tremendous economic significance for the region.

Why the DRBC was created: Water supply shortages and disputes over the apportionment of the basin’s waters; Water supply shortages and disputes over the apportionment of the basin’s waters; Severe pollution in the Delaware River and its major tributaries; and Severe pollution in the Delaware River and its major tributaries; and Serious flooding. Serious flooding.

Delaware River Basin Commission Signatory Parties: State of Delaware State of Delaware State of New Jersey State of New Jersey State of New York State of New York Commonwealth of Pennsylvania Commonwealth of Pennsylvania United States United States

General Powers Coordination Coordination Planning Planning Regulation Regulation Management Management Development Development

Functional Responsibilities Water Supply Water Supply Pollution Control Pollution Control Flood Protection Flood Protection Watershed Management Watershed Management Recreation Recreation

Responsibilities and Activities Conduct Studies Conduct Studies Prepare and adopt plans, including Comprehensive Plan Prepare and adopt plans, including Comprehensive Plan Declare droughts and impose restrictions Declare droughts and impose restrictions Designate areas for special protection Designate areas for special protection Regulate water quality and quantity Regulate water quality and quantity Sponsor and fund water projects Sponsor and fund water projects

Advisory Committees Water Quality Committee Water Quality Committee Flood Committee Flood Committee Flow Management Committee Flow Management Committee Information Management Committee Information Management Committee Monitoring Committee Monitoring Committee Toxics Committee Toxics Committee Watershed Council Watershed Council

DRBC Water Quality Program Planning, Monitoring, and Assessment Standards and Regulations Basinwide Water Quality Standards Wasteload Allocations TMDLs Interstate Toxics Management Special Protection Waters Program

Special Protection Waters

Delaware Estuary and Delaware Bay

FECAL IS WAY D O W N DISSOLVED OXYGEN UP FROM 2 TO 7

Delaware, Pennsylvania and New Jersey have fish advisories for PCBs in the Delaware River.

Estimated Penta PCB Load by Zone for All Source Categories Sept. 1, 2001 – March 31, 2003

Estimated Penta PCB Load by Source Category Sept. 1, 2001 – March 31, 2003

Adopting the TMDLs An unprecedented level of coordination among regulators has been required. An unprecedented level of coordination among regulators has been required. EPA will promulgate the TMDLs for all three states. Advantages include: EPA will promulgate the TMDLs for all three states. Advantages include: Simultaneous process – one set of comments, one set of responses, one set of revisions. Simultaneous process – one set of comments, one set of responses, one set of revisions. One venue for legal challenges. One venue for legal challenges. Reasonable assurances can be provided in each state only if the TMDL is also promulgated in the other two. Reasonable assurances can be provided in each state only if the TMDL is also promulgated in the other two.

TMDL Implementation Advisory Committee DRBC believes TMDLs cannot be implemented without active stakeholder participation. DRBC believes TMDLs cannot be implemented without active stakeholder participation. Will convene IAC in September 2003 and continue for two years. Composition: Will convene IAC in September 2003 and continue for two years. Composition: Regulatory agencies (6) Regulatory agencies (6) Industrial Dischargers (4) Industrial Dischargers (4) Large Municipal Dischargers (3) Large Municipal Dischargers (3) Small Municipal Dischargers (2) Small Municipal Dischargers (2) Wildlife & Fishery Interests/Env. Groups (5) Wildlife & Fishery Interests/Env. Groups (5)

Members include: Delaware Department of Natural Resources and Environmental Control New Jersey Department of Environmental Protection New York Department of Environmental Conservation Pennsylvania Department of Environmental Protection New York City Department of Environmental Protection Delaware Emergency Management Agency New Jersey Office of Emergency Management New York Office of Emergency Management Pennsylvania Emergency Management Agency Federal Emergency Management Agency U.S. Department of Agriculture Natural Resources Conservation Service U.S. Geological Survey National Weather Service U.S. Army Corps of Engineers National Park Service Delaware River Joint Toll Bridge Commission Hydroelectric Industry Water Resources Agency – University of Delaware The flood warning recommendations were developed through the DRBC Flood Advisory Committee.

RECOMMENDED FLOOD WARNING IMPROVEMENTS Endorsed by the DRBC Flood Advisory Committee Endorsed by the DRBC Flood Advisory Committee RAIN GAGE UPGRADES NEW RAIN GAGES TO BE ADDED POTENTIAL FLOOD STAGE MAP PROTOTYPES PROPOSED STREAM GAGE TELEMETRY UPGRADES POTENTIAL FLOOD STAGE MAP PROTOTYPE PROPOSED STREAM GAGE TELEMETRY UPGRADES AHPS APPLICATION BASIN WIDE PROTOTYPE AHPS FLASH FLOOD GRAPHICS APPLICATION USING GIS AND DOPPLER RADAR NOTE: Depicted locations of new rain gages are approximate.

Neshaminy Creek Floodplain – Bucks County, PA Source: FEMA’s on-line multihazard mapping centerwww.HazardMaps.gov On-line flood hazard assessment is a developing tool in flood mitigation planning

Governance for Sustainable Seas Proven regional governance concepts Proven regional governance concepts -Measurable goals and standards -Regional institutions capable of carrying out policy -Special protection areas -Permanent advisory committees -Need for planning, management and regulatory powers -Need for dedicated funding, investment and other incentives

Governance For Sustainable Seas Yet to proven governance concepts Yet to proven governance concepts - Regional Ocean Ecosystem Councils - Independent National Oceans Agency - Permanent Interagency Oceans Council (Need to invest in existing institutions and link to established decision making systems)

Improving Effectiveness of Ocean/Coastal Governance National Ocean Policy Act- measurable goals and standards National Ocean Policy Act- measurable goals and standards Need to enhance governance, in partnership with the states and territories, to address ecosystem management at the regional, state and watershed scales Need to enhance governance, in partnership with the states and territories, to address ecosystem management at the regional, state and watershed scales Need to link to existing decision-making systems and connect land and water governance structures (CZMPs; NEPs; RBCs; Fishery Commissions) Need to link to existing decision-making systems and connect land and water governance structures (CZMPs; NEPs; RBCs; Fishery Commissions) Need to support sustained and dedicated funding, investment, and other incentives for state and local governments efforts to address priority coastal and ecosystem management problems. Need to support sustained and dedicated funding, investment, and other incentives for state and local governments efforts to address priority coastal and ecosystem management problems.