94th Consneeea| ist Session COMMITTEE PRINT Cea ee NATIONAL OCEAN POLICY STUDY: PLANNING GUIDELINES AND WORK SCHEDULE FOR THE 94TH CONGRESS PREPARED AT THE REQUEST OF Hon. WaRREN G. Macnuson, Charman COMMITTEE ON COMMERCE AND Hon. Ernest F. Hoiuines, Chairman NATIONAL OCEAN POLICY STUDY FOR THE USE OF THE COMMITTEE ON COMMERCE AND MEMBERS OF THE NATIONAL OCEAN POLICY STUDY PURSUANT TO S. Res. 222 NATIONAL OCEAN POLICY STUDY MAYI1975 Gm Printed for the use of the Committee on Commerce, United States Senate U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 1975 COMMITTEE ON COMMERCE WARREN G. MAGNUSON, Washington, Chairman JOHN O. PASTORH, Rhode Island VANCE HARTKE, Indiana PHILIP A. HART, Michigan HOWARD W. CANNON, Nevada RUSSELL B. LONG, Louisiana FRANK E. MOSS, Utah ERNEST F. HOLLINGS, South Carolina DANIEL K. INOUYE, Hawaii JOHN V. TUNNEY, California ADLAI E. STEVENSON III, Illinois WENDELL H, FORD, Kentucky JAMES B. PEARSON, Kansas ROBERT P. GRIFFIN, Michigan TED STEVENS, Alaska J. GLENN BEALL, JR., Maryland LOWELL P. WEICKER, Jr., Connecticut JAMES L. BUCKLEY, New York FREDERICK L. JORDAN, Staff Director MICHAEL PERTSCHUCK, Chief Counsel S. LYNN SUTCLIFFE, General Counsel ARTHUR PANKOPF, Jr., Minority Counsel and Staff Director MALCOLM M. B. STERRETT, Minority Staff Counsel NATIONAL OCEAN POLICY STUDY FrRoM THE COMMITTEE ON COMMERCE ERNEST F. HOLLINGS, South Carolina, Chairman WARREN G. MAGNUSON, Washington JOHN O. PASTORE, Rhode Island VANCE HARTKE, Indiana PHILIP A, HART, Michigan HOWARD W. CANNON, Nevada RUSSELL B. LONG, Louisiana FRANK EH. MOSS, Utah DANIEL K. INOUYH, Hawaii JOHN V. TUNNEY, California ADLAI E. STEVENSON III, Tllinois WENDELL H. FORD, Kentucky JAMES B. PEARSON, Kansas ROBERT P. GRIFFIN, Michigan TED STEVENS, Alaska J. GLENN BEALL, Jr., Maryland LOWELL P. WEICK®R, Jr., Connecticut JAMES L. BUCKLEY, New York FroM THE COMMITTEE ON PUBLIC WORKS EDMUND S. MUSKIE, Maine JAMES L. BUCKLEY, New York From THE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS LEE METCALF, Montana MARK O, HATFIELD, Oregon From THE COMMITTEE ON FOREIGN RELATIONS CLAIBORNE PELL, Rhode Island CLIFFORD P. CASE, New Jersey From THE COMMITTEE ON APPROPRIATIONS LAWTON CHILES, Florida CHARLES McC. MATHIAS, Jr., Maryland FroM THE COMMITTEE ON GOVERNMENT OPERATIONS ABRAHAM RIBICOFF, Connecticut CHARLES PERCY, Illinois From THE COMMITTEE ON LABOR AND PUBLIC WELFARE HARRISON A. WILLIAMS, Jr., New Jersey RICHARD S. SCHWEIKER, Pennsylvania EDWARD M. KENNEDY, Massachusetts (Alternate) From THE COMMITTEE ON ARMED SERVICES STUART SYMINGTON, Missouri WILLIAM L. SCOTT, Virginia MEMBERS AT LARGE HUBERT H. HUMPHREY, Minnesota LLOYD BENTSEN, Texas J. BENNETT JOHNSTON, Jr., Louisiana JOHN TOWER, Texas BOB PACKWOOD, Oregon WILLIAM V. ROTH, Jr., Delaware JOHN F. HuSSEy, Director, NOPS JAMES P. WALSH, Staff Counsel PAMELA L. BALDWIN, Professional Staff Member GERALD J. KOVACH, Minority Staff Counsel (II) TABLE OF CONTENTS Wiemoranm cams Ok Grey Cheaper ne EA A SS I. Coastal zone management and Outer Continental Shelf activities_____ 1. General oversight of the Coastal Zone Management Act of ETRY I} ATR tS ah et ch gf Ay aS A ea A. Extension of section 305 and 306 grant authority_________ B. Need for Interstate coordination grant assistance program_ @) Coastale research ass Stam cee Se D. National Interest and Mederal Consistency_____-_-_-_----_-_ . NOPS interest in improving leasing policies for Federal oif- shore oil) and\'gas) TESOULCES2 2 een VA Sa ee ae ee aes A. NOPS offshore development/coastal zone legislation_______ B. Examination of the impact of offshore oil and gas devel- opment on the coastal zone; case studies_____________+___ C. Examination of current attitudes about offshore oil and ANS LEViCT Oo TAM CT GS Be meee NU I Ran NI ae LS 8. Consideration of nonpetroleum, ocean-related energy sources to complement the oil and gas resources of the Outer Conti- TS GHEE SAS Oe LS ee Ae ke eS TY NS ey 4, Consideration of the issues of access to beaches and islands PU GUG Ds TeaVeu tie TRS OU ELEN EICOY OTH Le 1b ISSN ee 5. Examination of certain provisions of the Marine Protection, 6 bo Research, and Sanctuaries Act of 1972____-____+_________- . Oversight of deepwater port activities__________-_______-_____ 7. Committee interest in land use policy and planning legislation_ BOP AES Tn Tei Gs ee et RL IO ny PRAY SOILED LIN ALN eg REN eels CII EN 1.-Reconsideration of emergency marine fisheries protection VEX ST USHEeN Ss Voy ak as ESE SN RE eae Lc ea a 2. Examination of marine fisheries and marine fishing industries_ 3. Review of the national fisheries plan_______________________- 4, Hearings to consider a national program in aquaculture_____ Ill. Reorganization of Federal ocean-related activities________-__-__-_--- EVAR E SPC CULES ty UT GUT Sess gD See Tle ee So HS NRA OR CAV TBM OTELEST SO CCAM OT O Ss dT Se 8 oe a aE i 2. Relationship of national ocean policy to national economic security and international ocean affairs________-__________- 3. Evaluation of the national sea grant program and Interna- tional Decade of Ocean Hxploration__________________--= 4, Examination of deep seabed hard minerals development fol- lowing the 1975 Law of the Sea Conference________________ 5. Examination of the issues involved in Federal atmospheric SCLENCETAN GWE AEH EST OKO GT ATS wes ees EI IN ea ge (TIT) WW UNNI 0 0301 OO4L?41L & as] FE) a OU aR OO Go fe’ 1D ao oem , 4 ¥ *. me “f We aT) Ae Se aha : ' Bh, TAS "Pe a peers age ie hi ane. oe oN Delt As, Ef ate hia et Bikinen hd TA? 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Ail} rai ioe ott ye bE Ee } ae Hy te Pray ca js He tab ik ~ attat be wend ia) pat hz te , : . ‘ rij ‘ag ef P atid Lew ied oye... ligtiadsk aiphetst " ,, ehratemaalk oe eT rye 3) Me Peres f\ LPP > RE OB ieee fel eng F EE ile vial Ae ¥ , i mgt ) 1? I \ + pane Latte, ibe) ee 4 site % DSi; at. r a " r . ti : . ay JOLT. TF wiz fh Hshouss a see net 2h , rr: a r * - ot iP eis tee. ‘pS LS Byte ot? 4 t - i IJ. FISHERIES Legislative activities related to fisheries with which the NOPS will conduct during the 94th Congress, particularly the first session, in- clude the following: —Reconsideration of the 200-mile emergency marine fisheries legis- lation ; — Examination of the need for Federal-State management of marine fisheries and marine fishing industries; —Review of and hearings on the National Fisheries Plan; and —Hearings to consider a national program in aquaculture. These possible Committee activities are discussed in detail below: 1. RECONSIDERATION OF EMERGENCY MARINE FISHERIES PROTECTION LEGISLATION The Commerce Committee held 15 days of hearings on the Emer- gency Marine Fisheries Protection Act of 1974 (S. 1988) during the 93d Congress. Following referral and consideration by the Senate Committees on Foreign Relations and Armed Services, the Senate passed the bill on December 11, 1974. The following day the bill was referred to the House Committee on Merchant Marine and Fisheries, but no House action was taken before the 93d Congress adjourned sine die. Emergency marine fisheries legislation has been reintroduced early in the 94th Congress. Consequently, the Committee, early in the first session, will evaluate the need for further hearings on the subject in terms of the likely outcome of the 1975 Geneva Law of the Sea Con- ference and the actual status of the U.S. marine fisheries industry by midyear 1975. The NOPS staff will prepare studies on specific aspects of fisheries management and a 200-mile fishery management zone. For example, before June 1975 (the approximate completion of the Geneva session of the U.N. Law of the Sea Conference) the staff will examine how both U.S. domestic and distant-water marine fisheries are being affected by foreign fishing and how the existing situation might change either through (1) the unilateral assertion of U.S. fish- ery management jurisdiction over fish within a 200 nautical mile zone a (2) the outcome of the 1975 Geneva Conference on the Law of the ea. 2. EXAMINATION OF MARINE FISHERIES AND MARINE FISHING INDUSTRIES NOPS will examine several other aspects of marine fisheries and marine fishing industries during the 94th Congress, including the eco- nomic climate of the fishing industry and management in the contig- uous fishery zone. The staff plans to seek the assistance of the National Academy of. Sciences in conducting an analysis of this subject. _ The CRS will be asked to conduct economic analyses of specific fish- ing industries and examine how those fishing industries which are in. (18) 14 financial and other difficulties might be assisted by new Federal legis- lation or improved administration of existing laws and programs. 3. REVIEW OF THE NATIONAL FISHERIES PLAN The National Marine Fisheries Service of the Department of Com- merce is in the process of preparing a comprehensive National Fisheries Plan. A preliminary report,! for review purposes only, was circulated to interested parties in the latter part of 1974. After comments are re- ceived from reviewers and the plan completed, the final version will be published in early 1975. The goals which the National Fisheries Plan are to address are the following: —Restore and maintain fishstocks of interest to the United States; —Develop and maintain a healthy commercial and recreational fish- ing industry ; —Improve the contribution of marine resources to recreation and other social benefits; and —Increase the supply of wholesome, competitively priced fisheries products to the consumer. These goals also represent the special competence and interests of NOPS. NOPS will review the National Fisheries Plan in depth and also hold hearings to examine specific aspects of the Plan which represent special national problems or areas of legislative concern which are particularly amenable to legislative redress at this time. NOPS, with the assistance of the CRS, OTA and GAO, will provide preliminary background materials and analyses to help the Committee evaluate the National Fisheries Plan, to examine ways in which fisher- les management can be improved, and to formulate necessary legisla- ture remedies. 4. HEARINGS TO CONSIDER A NATIONAL PROGRAM IN AQUACULTURE Legislation was introduced in the 93d Congress to provide for a na- tional program for aquaculture development.? The planned cultivation and harvest of marine resources is becoming an increasingly important aspect of the development of national marine fisheries in light of the increasing world demand for food from the oceans and the overfishing of and damage to some of the world’s best marine fishing stocks, While aquaculture * is currently being practised to some extent, it 1s apparent that a great deal more scientific and technical support, and more information, is required if the industry is to make a significant contribution to national fishery production. ‘ The Committee, probably during the second session, plans to examine what contribution the Federal Government can make to the develop- ment of a viable national aquaculture industry.* 1U.S. Department of Commerce, National Marine Fisheries Seryice, A Draft Outline for the National Fisheries Plan, Washington, U.S. Department of Commerce, National Marine Fisheries Service, Angust 1974. 2H.R. 12518, the National Aquaculture Development Act of 1974. ’ 3 “Aquaculture” in the context of this paper includes the term “‘mariculture’”. 4The National Fisheries Plan (see Subsection 3, above) will. consider what. Federal actions may be required to assist in the development of a national aquaculture capability, specifically. in regard to salmon, oysters, shrimp, lobster, other mollusks, other marine species, and freshwater species. Til. REORGANIZATION OF FEDERAL OCEAN-RELATED ACTIVITIES Government organization in oceanic affairs and the Federal ocean budget will receive close attention from the National Ocean Policy Study in the 94th Congress. The Study will work closely with the Com- mittee on Government Operations to examine proposals for improv- ing agency programs. This effort will focus on the National Oceanic and Atmospheric Administration (NOAA) inthe Department of Com- merce and marine-related functions of the Department of the Interior, the U.S. Coast Guard of the Department of Transportation, the Na- tional Science Foundation, the U.S. Army Corps of Engineers, the Oceanographer of the Navy, and others. One goal of the Study will be to recommend alternative arangements in Government organization in order to improve the efficiency of the Federal government’s efforts in the areas of marine science and oceanic affairs. At the request of the National Ocean Policy Study, the General Accounting Office has undertaken an extensive survey of all Federal ocean programs and their budgets. The first of two volumes to emerge from GAO's study was released in February 1975. It contains a de- tailed breakdown of all marine activities in the Federal structure and itemized budgets for those activities covering fiscal years 1972 through 1975. The second volume, a GAO analysis of the problems inherent in current organization and funding practices, is expected in May 1975. Additionally, the Congressional Research Service of the Library _of Congress is preparing a paper tracing the evolution of the current Federal organization in marine affairs and examing two alternative reorganization proposals. The first alternative is the establishment of an independent oceanic agency with NOAA as the central core but comprised also of several important oceanic programs currently housed within other agencies and departments. The second alternative is the creation of a new Cabinet department combining important oceanic, atmospheric and environmental functions. The Study plans to solicit the views and ideas of members of the marine affairs and environmental communities as well as experts In organization and intergovernmental relations through one or more symposia to be held in cooperation with the Library of Congress. If appropriate, these fact-finding efforts will be followed by the introduc- tion of legislation and the scheduling of joint hearings with the Com- mittee on Government Operations. 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Ben ibtberest fitttonnor iy ca bitmotiada acorn ye arty te based dean Jorawshicbne | cuoitatth Motloa bt ectake bit at ehray ss Be flew ee asitiavnrned Istiomadtiras, hreestot sig endiit 40 9a “efestowdlt antdiseler fetademrevrogtatui bra ae iL seergneD to vrowdiD edinitiw mmieraqan ‘ab blot ser a ~ ree" ‘ole diabee — taiof to yailaberoe st bas no riaiainal ALOLIET D aimee? aii . s ag sat i Wat Wty, ae : ay |S a 0k ae SRN at SL RRR CY i Pa tan be ihe “! Ne. pyar Aig gk ote: Nacional geet ier. ; ee CAE Oem SAN ty a We ae ke eager th A Tee. peti | (gti we ing Cae | ae pet ie mio en rath y” ek y v4 ny) 9 nae A? phen Ale sitbotnnin sine we oe prs aye y icy & AD hy: Per ets sete sabia fed ee, viet pets & es AEBSF: sabi we sb : : TV. SPECIAL STUDIES In addition to the various analyses and Committee support activities discussed in the preceding sections, the NOPS will undertake addi- tional studies in special areas of concern. Some special studies which the Committee may rquire, including one already requested in part and another approved in principle, are the following: —Voreign ocean programs (comparative studies r elating to domestic progra ams) ; —Relationship of national ocean policy to national economic secu- rity and international ocean affairs; —Evaluation of the National Sea Grant Program and the Interna- tional Decade of Ocean Exploration (IDOE) ; —Evaluation of deep seabed hard minerals development penne the 1975 Law of the Sea Conference; and —Fxamination of the issues involved in Federal atmespheric science and weather programs. These special studies are discussed in detail in the following para- graphs. 1. FOREIGN OCEAN PROGRAMS The Committee has requested CRS to conduct a preliminary analysis of the Russian ocean program. This preliminary analysis, which was completed in early February, 1975, may lead to a full in-depth analy- sis of foreign, particularly Russian, ocean programs. A full analysis of the Russian ocean program would be particularly important to NOPS. It would highlight, perhaps better than any- thing else could do, the vital importance that the U.S.S.R. attaches to the ocean; and it would emphasize the vast resources that Russia has devoted to the scientific, technological, commercial, political, and military aspects of ocean development. The full analysis will also include important aspects of the ocean programs of other nations. Following this report, the NOPS may hold hearings, on the subject of Russian and other foreign ocean programs. CRS could pro- vide background materials for such hearings and, following the hear- ings, analyze the testimony and other materials in support of further Committee legislative actions. 2. RELATIONSHIP OF NATIONAL OCEAN POLICY TO NATIONAL ECONOMIC SECURITY AND INTERNATIONAL OCEAN AFFAIRS NOPS has already approved in principle a study to be con- ducted by CRS on the relationship of national ocean policy to national economic security and international ocean relations. The study would analyze (1) what national economic security means in terms that are meaningful to the mandate of the National Ocean (17) 18 Policy Study, (2) the basic issues involved in the Nation’s international ocean relations, (8) the ways in which national economic security and international ocean relations represent conflicting national goals, and (4) how a balanced national ocean policy could contribute to improv- ing both national economic security and international ocean relations. The purpose of this study would be to quantify in some way and to make explicit the importance of national ocean policy to the Nation. Hopefully, the study would also set the tone and benchmarks for the conduct of the National Ocean Policy Study and in this sense it could be thought of as the basic philosophical document for the entire NOPS program. The final part of the study would be the preparation of draft policy alternatives to assist the Committee in the conduct of the National Ocean Policy Study. 3. EVALUATION OF THE NATIONAL SEA GRANT PROGRAM AND THE INTERNATIONAL DECADE OF OCEAN EXPLORATION The National Sea Grant College Program was established by Con- gressional initiative in 1966. Based on the extraordinary success of our land grant college system in developing the agricultural resources of the Nation, the Sea Grant College Program was designed to apply the same system of, education, ap plied research, and extension and. ad- visory services to the development of our marine resources. Although appropriations for the program haye lagged far behind the levels authorized by the Congress, the program has been a major factor in developing and strengthening centers of oceanographic ‘and marine competence at universities and.non-profit institutions in 20 states. The Sea Grant Act was broadly written by the Congress to avoid narrow categorical approaches.to marine resource development and. to emphasize cohesive, multi-disciplinary approaches to development of marine resources. It has contributed substantially to'a restructuring of university marine programs in order to focus them more eBeckively on ocean and coastal zone resource problems. Although the Sea Grant Program was established before. environ- mental concerns, coastal zone “management, and energy problems emerged as ocean program consider ations in the 1970? S, &@ Major Por; tion of current Sea,Grant supported work is devoted to these impor- tant areas. In some states, Sea Grant institutions have become either the officially designated or de facto research centers for state CORA zone mana cement. programs. As the Sea Grant College Program approaches its tenth anniversary, it may be timely to consider a full evaluation of the program, and to determine how it may be strengthened. Among the questions that. might be considered in such an evaluation are the following :., (1) How effective have the Sea Grant Program and the Sea Grant institutions been in responding to the changing national neéds by pro- viding information, edueation, and advisory services required ‘to deal with environmental and energy problems. An important facet of this question is how the Sea Grant College Program, relates to and works with the Coastal Zone Management Pi ‘ogram within. NOAA, and, the’ relationship of the Sea Grant institutions in the field to the develop- ment of state plans. 19 (2) The current authorization level for the Sea Grant College Pro- gram was established in 1973 based on administration projections, out- lined in Committee hearings, for establishment of Sea Grant Programs to serve the educational, applied research, and extension services needs of each of the coastal and Great Lakes states. That obiective has not been met, primarily because of budgetary restraints. NOPS might wish to consider how Sea Grant can be strengthened to meet those reeds in areas still lacking adequate marine education, research, and extension services. (3) The relationship of Sea Grant sponsored research, conducted by Sea Grant institutions, to the overall federal government ocean re- search program. For example, the National Advisory Committee on Oceans and Atmosphere (NACOA) recommended in its June, 1974 report full funding of the Sea Grant Program as one way of meeting research needs in the coastal zone. The staff will conduct an analysis to provide inputs to the Commit- tee for its determination of whether or not to hold oversight hearings on the program. The International Decade of Ocean Exploration has been subject to annual review as part of the Congress’ consideration of authorizations for the National Science Foundation. IDOE is designed to improve understanding of the oceans’ influence on man’s activities and of man’s impact on the marine environment through a cooperative international scientific effort. The Committee may wish to consider a review of this program during the 94th Congress to determine how well it is fulfill- ing its legislative mandate in the broad context of Federal ocean-re- lated activities. The staff will work with the staff of the Special Sub- eommittee on the National Science Foundation in providing informa- tion to the Committee to be used in determining whether to hold over- sight hearings on this program. 4, EXAMINATION OF DEEP SEABED HARD MINERALS DEVELOPMENT FOLLOWING THE 1975 LAW OF THE SEA CONFERENCE Legislation was introduced in the 93d Congress (S. 1134) and re- ferred to the Senate Committee on Interior and Insular Affairs and the Committee on Commerce on the subject of deep seabed hard min- erals development. Although no legislation was enacted during the 93d Congress, the situation could change following the 1975 Law of the Sea Conference in Geneva, scheduled for March through May 1975, since the development of deep seabed resources is currently one of the mgjor aspects of international ocean relations. The Committee and NOPS, in cooperation with the Committees on Interior and Insular Affairs and Foreign Relations, may wish to evalu- ate the outcome of the Law of the Sea Conference in regard to deep seabed hard minerals to assist the Committees in determining whether to hold hearings on the development of these deep seabed resources. 5. EXAMINATION OF THE ISSUES INVOLVED IN FEDERAL ATMOSPHERIC SCIENCE AND WEATHER PROGRAMS A major area of ocean-related concern that has not received a great deal of attention from the National Ocean Policy Study éo date is Fed- 20 eral activity related to atmospheric sciences, weather programs, and the Weather Service. The ocean is generally recognized as being perhaps the major “en- gine” of the world’s weather. Attempts to predict weather, particularly on a long-term basis, to predict natural disasters, and to modify weather are all within the purview of the National Ocean Policy Study. . The Committee may wish CRS to prepare an issues paper to define for Committee consideration those areas related to atmospheric sci- ence and weather programs which the Committee could most profitably investigate during the 94th Congress. The issues paper could also pro- vide preliminary analyses of those aspects of atmospheric science and weather programs which would seem to be the most likely candi- dates for Committee interest and perhaps legislative activity in the 94th Congress. O