10.1 Preamble

From the Arctic, Pacific, and Atlantic Oceans to the Great Lakes and Gulf of Mexico, Americans have enjoyed and prospered from an abundance of ocean and coastal resources, activities, and opportunities. The U.S. coastal zone houses more than 50 percent of the nation’s population and most of our largest cities, and serves as the foundational resource for many sectors of the economy. The coastal zone provides energy, transportation, commerce, recreation, quality of life, and habitat for fisheries and thousands of species of plants and animals. In addition, inland watersheds and the activities within them directly connect to our coastal and ocean areas. The health of these watersheds and the quality of water these rivers deliver to the coasts are a common cause.

There is a compelling national interest in the protection of ocean and coastal economic and environmental resources. Ocean and coastal areas are being called upon to support a tremendous and often conflicting array of activities. In recognition of the emerging challenges, Congress passed the Oceans Act of 2000, and the President convened the U.S. Commission on Ocean Policy. In September 2004, the commission issued its recommendations to the President for a coordinated and comprehensive national ocean policy, including a strengthened role for states and territories. The coastal states have been at the forefront of implementing the commission’s recommendations, and governors look forward to continuing to work with the President and Congress in further developing and implementing the recommendations provided in the final report.

10.2 Governance Principles

The nation’s commitment to meeting current and next-generation coastal and ocean challenges must be renewed, and the following principles and objectives achieved.

• Ensure any new national ocean policy provides a strong and meaningful participatory role for states and territories. The nation’s coastal and ocean ecosystems should be governed through a partnership of the federal government with states and territories. In particular, the states should be engaged in the development of the next iteration of the U.S. Ocean Action Plan.
  
• Under the public trust doctrine and consistent with the federal Submerged Lands Act, states own the lands under the tidewaters and the Great Lakes in trust for the public. Governors urge the President and Congress to recognize the primacy of states in setting and implementing land- and water-use policies that are within the boundaries of each state and affect state resources.
  
• Strengthen the partnership between the federal government and coastal and key watershed states so that complex issues can be addressed, and integrated and innovative solutions can be undertaken, at the national, regional, and local levels.
  
• Focus a national ocean and coastal policy on the principle of ecosystem-based management.
  
• Ensure that the uses of coastal, Great Lakes, ocean, and watershed ecosystems be ecologically sustainable and protective of the long-term health and diversity of these systems, recognizing the potential impacts of climate change on our oceans and coastlines, and of the needs of present and future generations.
  
• Provide incentives and support for coastal watershed and ecosystem management to address transboundary and regional issues.
• Establish a robust, comprehensive review process for emerging uses in federal offshore waters. In developing any offshore permitting or review process, mechanisms must be included that allow for early and meaningful state participation and input, and gubernatorial concurrence in the process of developing and implementing the regulations.
  
• Provide technical and financial assistance for states to develop multiple use plans for their ocean and coastal resources and ocean areas that affect their coastal resources.
  
• To enhance coordination and integration among all levels of government, the federal agencies with ocean-, coastal-, and watershed-related functions should improve their national and regional coordination and increase their outreach efforts to national and regional stakeholders.
• Each current and emerging activity in federal waters should be individually evaluated to determine the most appropriate lead federal agency. The lead agency should then coordinate with other affected local, state, and federal governments.
  

In terms of new governance structure, governors support the concept of a national ocean council and regional ocean partnerships to provide enhanced leadership and coordination for the oceans and coasts; however, these partnerships should not provide another layer of bureaucracy in ocean and coastal management. Given the role of states as sovereign entities, governors should have representation on the Committee on Ocean Policy.

Governors also support the passage of an organic act for the National Oceanic and Atmospheric Administration (NOAA) that codifies its existence, and strengthens the agency’s capacity to fulfill its multiple missions through an improved organizational structure. The act should ensure that NOAA’s structure is consistent with the principles of ecosystem-based management and with its primary functions of assessment, prediction, and operations; management; and research and education. Appropriations for NOAA must be adequate to incorporate national needs, such as technological advances to NOAA infrastructure, and the administration of programs related to state coastal management.

10.2.1 Funding for Ocean and Coastal Management. Coastal States cannot continue to meet the needs of ocean and coastal management absent a significant increase in permanent funding. The federal government should establish and fully fund a permanent Ocean Trust Fund, as was recommended by both national ocean commissions, to support the management, protection, and understanding of the natural and economic resources along our nation’s coasts, oceans, Great Lakes and islands. The Trust Fund will support the focused efforts of coastal states, territories and commonwealths, other appropriate coastal authorities, and federal agencies in addressing critical ocean and coastal science, management, and protection needs of our nation. The Ocean Trust Fund should provide funds over and above existing appropriations to meet the increasingly complex and unmet needs of ocean and coastal managers.

10.3 State-Led Regional Ocean Initiatives

Governors of the coastal states are leading the way in implementing regional ocean governance. The Great Lakes Regional Collaboration Strategy, the Gulf of Mexico Alliance, the Northeast Regional Ocean Council, and the West Coast Governors Agreement are all examples of state-led efforts that are implementing the recommendations of the U.S. Commission on Ocean Policy. Governors call upon the Administration to expand the federal government’s financial support for these regional efforts and to pass legislation to facilitate federal agencies’ participation in these types of regional initiatives. The following key principles and provisions should be included in the legislation.

• Regional ocean partnerships should be voluntary, flexible, and state-driven.
• Regional ocean partnerships should be a forum for coordination, not a new large bureaucracy.
  
• The geographic scope should extend from the top of the coastal watershed out to the Exclusive Economic Zone.
  
• The goals of the regional ocean partnerships should be to develop regional priorities, create a strategic plan that takes an ecosystem-based approach to solving the priority problems; put into action a three- to five-year implementation plan that will include steps to be taken to address the identified priorities, assignment of responsibilities for action, and benchmarks for progress; undertake regional ecosystem assessments; and implement research and education programs and an integrated observing system to provide a sound scientific basis for decisions.
  
• The regional ocean partnerships should have a core management group composed of representatives from each of the states in the region, with federal, state, and tribal members added as needed to address that region’s priority issues.
  
• Participants in the various regional ocean partnerships should ensure that the priorities, strategies and plans developed and agreed to in a regional partnership be consistent with their participating state’s coastal management plans.
  
• Implementation should be achieved through existing legal authorities and should recognize state sovereignty on coastal management issues. If needed, each region should identify gaps in authority or legal impediments that impair progress on addressing the priorities.
  
• Funding should be flexible and efficient, with a mix of money directed to the partnership members for implementation as well as competitive grant opportunities for organizations, institutions, or people outside of the partnership members.
  
• Incentives should be created for participation in the regional efforts.
  
• There should be an open and transparent process for stakeholder and citizen participation.
  
• Benchmarks should be required for the initial formulation of the plans, for the implementation of individual projects in the plans, and for overall success of the effort. Periodic, independent peer review also should be required.

10.4 Law of the Sea

Governors recognize the importance of international agreements that affect our oceans. Governors support the ratification of the Law of the Sea Treaty.

10.5 Coastal Adaptation to Climate Change

Coastal areas and islands are particularly vulnerable to the impacts of sea level and lake level changes, shoreline erosion, increased storm frequency and/or intensity, changes in rainfall, and related flooding, which may be exacerbated by climate change. These impacts will have major consequences for coastal and Great Lakes states’ economies, health, and welfare, which indirectly will affect all states. Adapting to minimize the negative consequences of these impacts should be a significant priority of federal ocean and coastal policy.

Federal agencies are currently collecting useful data and administering programs for climate change adaptation, in addition to providing a range of federal funding sources to assist adaptation-related activities. Adequate intergovernmental coordination is needed to ensure the most effective implementation and efficient use of funds; provide opportunities for complementary efforts among local, state, regional, or national programs; and improve awareness and understanding of the resources available to states and local governments. Congress and the Administration should develop a national strategy to ensure intergovernmental coordination on coastal adaptation, clearly define the roles of various agencies, and identify the mechanisms by which federal programs will coordinate with state partners on coastal adaptation issues.

In addition, governors urge Congress and the Administration to recognize the critical role of states in climate change adaptation policy by:

• ensuring consultation with states in any new legislation, programs, or research;
  
• developing a strategy to identify the information needs of states to effectively respond to natural hazards and ecosystem changes;
  
• coordinating any federal agency activities, research, and data collection efforts related to coastal impacts with states; and
  
• clarifying the roles and responsibilities of states and federal agencies in adaptation activities.

10.6 The Coastal Zone Management Act

The Coastal Zone Management Act (CZMA) of 1972 authorized the framework for the wise stewardship of the nation’s coastal resources. To accomplish this, CZMA established a unique partnership among federal, state, and local governments to ensure balanced consideration among the myriad of competing coastal resource uses. CZMA encourages coastal states to develop coastal management programs, subject to review and approval by the federal government. In addition to its oversight function, the federal role in the partnership consists of a combination of financial assistance to states and the assurance of consistency of federal activities with approved state management plans.

To date, the partnership established by CZMA has been remarkably productive. Thirty-four of thirty-five eligible coastal states and territories have instituted these programs, and more than 99 percent of national coastal areas now fall under a state coastal zone management plan. In addition, a network of twenty-seven National Estuarine Research Reserves (NERRS) around the country have been established as protected areas to conduct integrated coastal research, stewardship, and education. This networked, state-based system enhances our understanding of estuaries; represents diverse biogeographic regions of the nation; and is a place where research, education, and land acquisition are used to enhance the coastal zone.

10.6.1 Reauthorize CZMA. CZMA provides a workable national framework to aid the states in their efforts to develop workable coastal zone management programs under which judicious consideration can be given to the interests of all legitimate users of coastal resources. Governors believe that Congress should reauthorize CZMA to meet the future challenges of managing the coasts and to provide continued support to states for these important coastal programs, including:

• increasing financial and technical assistance to states to work with coastal communities to manage growth and conserve resources;
  
• conserving critical habitats, to improve management of regional and ocean resources;
  
• developing strategies to adapt to and mitigate the effects of climate change;
  
• preparing for emerging uses such as renewable energy facilities; and
  
• supporting NERRS in carrying out their statutory research functions.

10.6.2 Provide for Adequate Federal Funding. States are accepting increasing responsibilities under CZMA and facing increased challenges as a result of coastal population growth and sprawl, invasive species, habitat fragmentation, sea- and lake-level rise, energy demands, as well as increasing, and often conflicting, demands for use of coastal and ocean resources. Yet coastal program administrative grants to states with the most extensive coastline and population have been capped for more than two decades. Taken together, these facts place an increased burden on existing funding. Without adequate financial resources, it will be impossible for states to continue to play a leading role in the administration and implementation of their coastal zone management programs. Governors believe it is incumbent on Congress to provide stable and adequate funding to help states meet their obligations under CZMA, including NERRS. All states should share equitably in appropriations increases. Base CZMA funding should not be cut to fund new program requirements; any new program requirements should be accompanied by commensurate increases in funding.

10.6.3 Subject Federal Activities to Consistency Review. Central to the federal-state partnership under CZMA is the coordination and consistency review process that allows states to oversee federal activities to ensure compliance with state programs. Governors urge Congress to retain all provisions of the act that ensure all federal activities within or outside the coastal zone that may affect the coastal zone are subject to the consistency review process. Governors firmly believe that all federal actions in the coastal zone—or affecting any natural resources, land uses, or water uses in the coastal zone—should be fully consistent with approved state coastal zone management plans. Consultation with states should begin early in the permitting and environmental impact assessment process. Governors believe that state sovereignty over coastal zone management and consistency review authority should be preserved in any legislation or rulemaking, and must retain:

• the geographic area of the states’ federal consistency jurisdiction;
  
• the ability of states to make consistency determinations on activities outside of the coastal zone, but that have effects on the coastal uses or resources within the coastal zone;
  
• the ability to receive and analyze adequate environmental data and information;
  
• the development of the appeals record in a manner that would not place states at a disadvantage or discourage negotiated resolution of appeals; and
  
• state consistency review authority for federal actions affecting energy infrastructure.

10.6.4 Improve the Coastal Nonpoint Pollution Control Program. The nation’s governors believe the development and implementation of coastal nonpoint pollution control programs under Section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990 (CZARA) must be closely coordinated and consistent with state and local water quality plans, programs, and priorities and the requirements of Section 303(d) and Section 319 of the Clean Water Act. This coordination should be a flexible targeted approach consistent with NGA policy NR-3, Water Resource Management. Governors urge Congress and the Administration to incorporate through legislative or administrative changes the following recommendations to improve the operation and effectiveness of the nonpoint pollution control program under Section 6217.

• Ensure maximum state flexibility to implement Section 6217 to achieve reasonable progress to restore and protect coastal water quality and to prevent at-risk waters from trending toward impairment.
• Allow the use of alternatives that stress voluntary, incentive-based approaches.
  
• Increase funding levels to support the nation’s need to protect coastal waters.
  
• Require federal agencies to work cooperatively with states that are working in good faith to develop an approvable state program. At a minimum, states working in good faith to complete development of their coastal nonpoint pollution control program or making reasonable progress to reduce nonpoint pollution should not be subject to the penalty provisions of Section 6217.

10.7 Ocean Science and Education

Governors agree that management of watersheds is critical to protecting the health of the oceans, and decisions should be based upon sound science. To facilitate better coastal management, the Joint Subcommittee on Ocean Science and Technology should work closely with the states to implement their ocean science strategy. This strategy should reflect a long-term vision, promote advances in basic and applied ocean science and technology, include social science and economic research to examine the human dimensions and economic value of the nation’s oceans and coasts, and consider research needs identified by and in support of regional state ocean strategies and plans. The strategy also should aim to design requests for proposals and research to meet managers’ needs and translate science into useful products for state resource managers to utilize in on-the-ground decisionmaking. Any new research initiatives should not jeopardize funding for existing programs that are currently producing useful scientific data.

An important foundation for ecosystem management is ensuring the best available science is accessible to coastal managers. This includes information on geology, chemical and physical oceanography, modeling, water quality (including nutrients, habitats, and biological data), and high resolution watershed and seafloor maps. The federal government should partner with states to assess their science needs and to prioritize the acquisition and distribution of identified research, technology, and information needs.

Governors are also supportive of efforts to increase ocean and coastal education throughout the country. State, federal, and local governments should work together to build a national awareness of our oceans and promote lifelong ocean education.

10.7.1 Integrated National Ocean, Coastal, and Estuarine Programs. In addition to the NERRS program, other national oceans, coastal, and estuarine programs are either state-based or physically located in all or part of state lands and waters. For example, the National Estuary Program, the National Marine Sanctuary Program, the National Sea Grant Program, and Integrated Ocean Observing Systems all provide valuable assistance and support to managing natural resources important to the states. Governors believe that it is essential to fully fund these and other programs of management, monitoring, assessment, and science programs that help support state and local efforts to understand, manage, and restore coastal resources. In addition, improved state and federal coordination would help ensure that these ocean and coastal resources are properly maintained for future generations.

Time limited (effective Winter Meeting 2009–Winter Meeting 2011).
Adopted 1976; revised Annual Meeting 1977, Annual Meeting 1980, Winter Meeting 1985, Annual Meeting 1990, Annual Meeting 1994, Annual Meeting 1995, Annual Meeting 1997, Annual Meeting 1999, Winter Meeting 2001, Winter Meeting 2003, Winter Meeting 2005, Winter Meeting 2007, and Winter Meeting 2009 (formerly Policy D-7).