United States Summary

As of December 2007, The Nature Conservancy had not completed a formal assessment of options for private organizations to directly conserve marine areas under the federal jurisdiction of the United States. An assessment of private conservation options in the U.S. EEZ off the coast of Southern New England is planned for 2008. Despite not having a current assessment, several useful aspects are known about the U.S. EEZ that shed light on potential private conservation strategies.

Overview

The management and conservation of federal waters in the U.S. is complicated. There are over 140 federal laws and more than 20 federal entities that relate to ocean management within the jurisdiction of the United States federal government.1 Jurisdictional authority over some activities is well-established, such as for off-shore fisheries and oil exploration, while for other activities is poorly established, such as for aquaculture and bioprospecting.2 A primer on U.S. ocean jurisdictions was developed by the U.S. Commission on Ocean Policy (download pdf, 155k). Also, an overview of federal agency responsibilities can be found at: http://ocean.ceq.gov/activities/welcome.html.

Multiple Uses and Leasing

Despite recent assertion that it is not legally possible or functionally necessary to privatize ocean lands and resources lying within the EEZ of the United States3, private entities have already acquired proprietary rights for oil, natural gas, sand, gravel, salt, sulfur, and utility transmission lines. For example, the Minerals Management Service (MMS) currently has 8,270 active oil and gas leases that cover 44 million acres of the EEZ.4 Other existing uses include hazardous material sites, shipping channels, dumping areas, artificial reefs, and marine protected areas. In addition, new leasing programs are currently being considered for alternative energy and aquaculture facilities. The question remains if and how these new and historical leasing programs can be used for conservation purposes as well as development, resource extraction, and energy purposes.

State Jurisdiction

Generally, jurisdiction over the first three miles of the ocean coast areas in the U.S. (except for the Gulf Coasts of Texas, Florida, and Puerto Rico, where state jurisdiction extend nine miles seaward) has been delegated to the states (see U.S. State Summaries) via the Submerged Lands Act.