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                                               MISSISSIPPI/ALABAMA
                                              SEA GRANT
                                               LEGALPROGRAM


                                     MISSISSIPPI
                OCEAN POLICY STUDY






































































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                         MISSISSIPPIIALABAMA
                         SEA GRANT
                         LEGALPROGRAM




























         MISSISSIPPI
    OCEAN POLICY STUDY










                                MISSISSIPPI
              OCEAN POLICY STUDY





                                             July 1991


                                         Richard McLaughlin
                                          Laura S. Howorth
















                              Mississippi-Alabama Sea Grant Legal Program
                                   University of Mississippi Law Center
                                         University, Mississippi































































I







                           This work is a result of research sponsored in part by NOAA National Sea Grant College Program, U.S.
                           Department of Commerce under Grant #NA89AA-D-SGO16 and NA116RG0155-01, the Mississippi-
                           Alabama Sea Grant Consortium and the Mississippi Law Research Institute. The U.S. Government
                           and the Mississippi-Alabama Sea Grant Consortium are authorized to produce and distribute reprints
                           notwithstanding any copyright notation that may appear hereon.


                           MASGP-91-010







                                                                                    Mississippi Ocean Policy Study v.


                                        CONTENTS


        Acknowledgments page vii

        Introduction        page ix



        Chapter One:        Physical and Cultural Setting

        Chapter Two:        Governmental Structure

        Chapter Three:      State Submerged Lands Jurisdiction

        Chapter Four:       Coastal Zone Management Act and Federal Consistency

        Chapter Five:       Marine Pollution

        Chapter Six:        Offshore Mineral Resources

        Chapter Seven:      Oil and Hazardous Substance Spills

        Chapter Eight:      Living Resources Management

        Chapter Nine:       Marine Recreation

        Chapter Ten:        Marine Education and Research

        Chapter Eleven:     Marine Salvage and Finds

        Chapter Twelve:     Protected Marine Areas

        Chapter Thirteen:   Management Frameworks for Improved Interstate, Interagency, and Citizen Participation



        Appendix one:       Model Legislation for Mississippi Ocean Resources Management Planning Act

        Appendix two:       Mississippi Ocean Policy Survey Results







                                                                                           Mississippi Ocean Policy Study vii.






              ACKNOWLEDGMENTS





             Financial support for research, writing,        Lewis, Ron Lukens, Gary Magnuson, Donald
        and manuscript preparation came from the             Redalie, James Spencer, and John Steen.
        Mississippi Law Research Institute and the                 Gail Morton and Le'Herman Payton of
        Mississippi-Alabama Sea Grant Consortium             the University of Mississippi Publications
        under grant number NA89AA-D-SGO16 and                Department provided invaluable assistance
        NA1 6RG01 55-01 from the U.S. Department of          in the design and production of the final report.
        Commerce, National Oceanic and Atmospheric           Linda Skupien of the Mississippi-
        Administration, Office of Sea Grant.                 Alabama Sea Grant Consortium was
             Many people from throughout the state           also very helpful in providing the
        provided information and assisted in our             authors with information and
        research, but the following students at the          assisting in a variety of ways. Sea
        University of Mississippi Law School made            Grant Legal Program Secretary
        especially important contributions: Larry            Niler P. Franklin is commended for
        Hakim, Paul Hudson, Paul Krivacka, Al                the dedication and skill she
        LeFebvre, John Matlock, Mark Segars, and             exhibited in preparing the final
        Sondra Simpson. Special thanks also go to the        manuscript and for keeping her
        following professionals who took the time to         good humor despite countless
        review and comment on the study: Margaret            revisions.
        Bretz., Leslie Bruce, Charles Clevenger, David            Finally, the authors are indebted to the
        Donaldson, Jim Franks, Gary Gaston, State            family of Walter Anderson for allowing us to
        Senator Dick Hall, Stan Hecker, Patricia             display that gifted artist's vision of the unique
        Hughes, Casey Jarman, James Jones, Larry             and fragile beauty of the Mississippi Gulf Coast.







                                                                                               Mississippi Ocean Policy Study ix.






                            INTRODUCTION





               "I am greatly impressed with the beauty         tionally played a relatively minor role in
         and value of this coast. The high sandy lands,        Mississippi's cultural, historical, and political
         heavily timbered with pine, and the lovely            heritage. The historical econon-dc don-dnance
         bays and rivers, from Pearl River to Mobile,          of agriculture and forestry ensured that the
         will furnish New Orleans with a rich com-             Mississippi River Delta and central interior
         merce and with a delightful Summer Resort."           regions would become the state's cultural and
                                                               commercial heartland. Today, even though
              This remark was made in 1811 by Dr.              Mississippi's coastal area contributes hun-
         William Flood, who was appointed by Presi-            dreds of millions of dollars to the state's
         dent James Madison to visit the Mississippi           economy and is growing faster than any other
         Gulf Coast and claim it as part of the United         region, its comparatively small size (thestate's
         States. The following years saw the coast de-         three coastal counties contain about 81 miles
         velop as Dr. Flood predicted-primarily as a           of ocean coastline) and lack of a major coastal
         retreat for the city dwellers of New Orleans          city have limited its ability to influence state
         and Mobile. Eventually, permanent residents           policy in coastal and ocean matters. Sus-
         settled on Mississippi's coast and began to           tained and effective coastal and ocean policy
         develop it into a vital commercial area, which        initiatives are also hindered, to some extent,
         today contributes much to the state of Missis-        by chronically underfunded marine manage-
         sippi. However, the ties that were built in the       ment programs and the traditional perception
         early days between the Mississippi Gulf Coast         by some who live along the coast that increased
         and its neighbors to the east and west still          governmental activity will stifle economic
         exist, and in many ways are stronger than             growth.
         those with the rest of its own state to the north.         Given this climate, it is perhaps not sur-
              In fact, although the Mississippi coast          prising that Mississippi's present institutional
         has always been an important area to the              framework for ocean management is prima-
         state, coastal and ocean activities have tradi-       rily geared toward the management of single







          x. Mississippi Ocean Policy Study


                           ocean uses, such as fisheries or offshore oil       claims, and government policies. Effective
                           and gas development. Few formal structural          management of Mississippi's marine areas
                           mechanisms exist to promote the integrated          can only come about if the state develops a
                           and comprehensive management of the state's         comprehensive, coordinated, and long-term
                           oceanareas. For example, unlike many coastal        ocean management program.
                           states, no government-sponsored coastal and
                           ocean advisory panels, interagency manage-          Goals of the Mississippi Ocean Policy Study
                           mentcommittees, or citizens'advisory groups               In 1989, the Mississippi-Alabama Sea
                           are currently in place.                             Grant Legal Program received funding from
                                 The lack of a coordinated ocean manage-       the National Sea Grant Program to produce a
                           ment structure posed relatively few problems        preliminary ocean policy study for the state of
                           in the past. However, in recent years               Mississippi. Patterned after similar studies
                           Mississippi's ocean waters have experienced         undertaken in North Carolina, Hawaii, Or-
                           significantly increased environmental degra-        egon, and Florida, the study focuses on a
                           dation and user competition for dwindling           number of the major ocean issues facing the
                           ocean resources. A majority of the state's          state - identifying areas where additional or
                           shellfish beds have been conditionally or           improved state management initiatives may
                           permanently closed because of contamination         be warranted. Although this study has re-
                           from municipal sewage or other pollution            ceived valuable assistance and cooperation
                           sources. Hundreds of tons of plastics and           from a number of state agencies, it represents
                           other fitter wash up on Mississippi@s beaches       an independent effort that has received no
                           and barrier islands each year. Oil and hazard-      official sponsorship from Mississippi state
                           ous substance spills commonly occur in the          government.
                           state's marine waters, and many believe it is            The goals of the Mississippi Ocean Policy
                           only a matter of time before Mississippi suf-       Study are slightly different from those of other
                           fers a catastrophic event. As a consequence of      state studies published to date. Because
                           federal moratoriums in other parts of the           Mississippi's ocean management infrastruc-
                           country, extensive offshore energy explora-         ture is at an early stage of development in
                           tion and drilling in the central Gulf region is     comparison with most coastal states, the
                           likely to continue in coming years, placing         study's primary aim is to encourage the state
                           additional environmental pressure on the            to adopt an effective ocean management in-
                           state's marine waters and economic pressure         stitutional framework, rather than to provide
                           on the resources of coastal communities.            detailed, issue-specific policy recommenda-
                           Moreover, there is growing animosity between        tions. The study examines specific ocean use
                           commercial and recreational fishermen as they       issues and identifies unstated or unclear state
                           compete for the same declining stocks of fish.      policies, but solely within the context of de-
                                Many of these problems are regional in         veloping a working agenda and source of
                           scope and require a comprehensive and co-           information for future policyrnakers once an
                           ordinated response by the Gulf states and the       improved management framework has been
                           federal government. Ocean resource man-             put into place. Instead of providing recom-
                           agement involves the reconciliation of a wide       mendations intended for immediate adoption,
                           spectrum of conflicting uses, jurisdictional        state policyrnakers are encouraged to meet







                                                                                            Mississippi Ocean Policy Study xi.


        with their constituents to detern-tine what          Organization of the Study
        ocean issues are of greatest concern and then              After a brief introductory discussion of
        to exan-dne the areas identified in greater          the physical and cultural setting of the Missis-
        depth. Implementation of specific recom-             sippi coastal area, the study is divided into
        mendations should probably not take place            eleven major issue areas. The focus and orga-
        until a more effective ocean management pro-         nization of each issue area is varied, but all
        gram is adopted. This program should offer,          generally follow the same organizational pat-
        among other measures, an opportunity for             tem. The first portion provides background
        experts in the fields of marine science and          information on the topic, including a dLscus-
        technology to evaluate policy options, greater       sion of the social, economic, and environ-
        citizen participation in the policy-making           mental significance of the issue, as well as an
        process, and an improved framework for               overview of the existing management frame-
        interagency policy debate and coordination.          work within the national and international
                                                             context. The second portion discusses each
        Research Methods                                     issue as it relates directly to the state of Missis-
             Prior to beginning research on the ocean        sippi. Information is provided on the issue's
        policy study, a survey was developed and             present status and the role that the state cur-
        mailed to members of the academic, govem-            rently plays in its management. The last
        ment, and private-sector communities who             portion discusses challenges that should be
        have special knowledge of Mississippi's ocean        addressed by state policymakers and recom-
        and coastal areas. There were two reasons for        mends actions pertaining to areas of special
        sending out the survey: first, to learn from         concern. References are provided at the end
        those who are most interested in the state's         of each section to assist those who would like
        management of its ocean resources whether            to look at a particular ocean issue more closely.
        certain ocean issues were significant enough              The final section of the study suggests
        to warrant discussion in the study; and sec-         methods for initiating a comprehensive state
        ond, a survey and accompanying letter of             ocean management program. Model legisla-
        explanation was considered the most cost-            tion is provided that includes provisions for
        effective way of informing selected individuals      the establishment of an advisory body to act
        that an ocean policy study was being under-          as a leading policy voice in this effort.
        taken and of soliciting their help in reviewing
        and commenting on draft portions.
             More than forty survey responses were
        received. Generally, every ocean issue that
        received a rating of "great significance" or
        "some significance" in at least 75 percent of
        the responses was included in the study. (For
        a summary of the survey responses see ap-
        pendix two.) A few issues that received a
        lower percentage of response than 75 percent
        were also addressed because of their close
        relationship to issues of greater concern.











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                                                                                            Mississippi Ocean Policy Study 1.1



                                         PHYSICAL
                                                   AND
                   CULTURAL SETTING



          Background                                          Mississippi, the shelf is relatively narrow,
              Mississippi joins the states of Florida,        from a width of approximately 15 miles on
         Alabama, Louisiana, and Texas as one of the          the portion known as the Mississippi-Ala-
         five states that border the Gulf of Mexico.          bama Shelf, to virtually nothing at the
         Those states, along with Mexico and Cuba,            mouth of the Mississippi River, where
         surround the 600,000 square n-dles of the Gulf       sediment from the River's delta empties
         and make it an almost entirely enclosed body         into the Gulf and depresses the shelf.
         of water. As a result of this physical setting,           The Mississippi coastal zone is made
         the Gulf is more separate and distinct than          up of extensive tidal wetlands, natural
         many marine environments. Other elements             and man-made beaches, several bays, and
         also contribute to its singularity; among them       a chain of barrier islands, which he 12 n-dles
         are distinctive oceanographic, climatological,       offshore. The barrier islands form a semi-
         geological, and hydrological factors. Finally,       enclosed body of water known as the Missis-
         the area is culturally rich in character: as an      sippi Sound. The Sound, which is approxi-
         easily accessible part of the New World, rich        mately 81 miles long, merges to the west with
         in natural resources, many countries at times        Lake Borgne, which in turn merges with Lake
         claimed it as part of their colonial empires. All    Pontchartrain, and is marked to the east by
         of these elements combine to define the Gulf of      Mobile @ay. It is a shallow body, with an
         Mexico and make it one of the most remarkable        average depth of only 15 feet. It contains two
         marine areas in the world.                           small islands: Round Island, which lies at the
              The Gulf is a relatively shallow body of        mouth of the Pascagoula River, and Deer
         water, with an average depth of 5,000 feet. It       Island, an elongated bar located at the mouth
         is ringed by a shallow continental shelf, which      of Biloxi Bay.
         slopes away from the mainland shore, and                  A network of rivers, originating far to the
         varies in width from 140 miles off the coast of      north, eventually empties into Mississippi
         Florida to 62 miles off Texas. Off the coast of      Sound. Of these, the most significant are the







           1.2 Mississippi Ocean Policy Study


                            Pearl River to the west and the Pascagoula            this description of the area's physical features
                            River to the east. Between these major rivers         win be limited to Mississippi Sound, the off-
                            are two large bays, each fed by smaller river         shore barrier islands, and the offshore Gulf
                            systems. The Bay of St. Louis is served by the        waters south of the barrier islands. Following
                            Wolf-Jourdan,         while      the      Biloxi-     a discussion of the physical setting, the
                            Tchoutacabouffa flows into Biloxi Bay. Still          chapter will briefly describe some of the cul-
                            smaller embayments exist and are fed by a             tural characteristics and economic elements
                            number of tributaries, among them (from east          of the Mississippi Gulf Coast.
                            to west) Heron Bay, Biloxi Back Bay, and Point
                            Aux Chenes Bay. (See figure 1.1.)                     Physical Setting
                                  With that description of the general geog-      Mississi12R:1 Sound
                            raphy of the Mississippi coastal zone, the fol-            The shelter provided by the offshore is-
                            lowing discussionhighlights some of thesignifi-       lands, coupled with the freshwater influence
                            cant characteristics of the zone's environmental      from a number of rivers and tributaries, con-
                            systems, whichcan be broken into fourareas: (1)       tribute to make Mississippi Sound and its
                                                                                        related estuarine areas one of the most
                                                                                        biologically productive marine environ-
                                                                    0                   ments, in the world. It supports a great
                                                                                        diversity of plant and animal life, serv-
                                                                                        ing as a nursery for approximately 95
                                                                                        percent of Mississippi's saltwater fish-
                                                                                        erii . A number of economically im-
                                                                                        portant species of finfish and shellfish
                                                                                        are included in this number, such as
                                                                                        menhaden, croaker, black drum, red
                                                                                        drum, seatrout, striped mullet, spot,
                                                                                        sheepshead, flounder, shrimp (brown,
                                                                                        white, and pink), oyster, and blue crab.
                                                                                             In addition to the dynamics of fresh
                                                                                        water meeting with the sea in a semi-
                            the coastal plains and uplands; (2) the coastal       enclosed area, other factors contribute to make
                            estuary, including Mississippi Sound, bays,           the Sound and its related estuaries highly
                            bayous, marsl-dands, tidally influenced river         productive. The offshore barrier islands pro-
                            basins, mainland shoreline beaches, and the           tect the estuary from offshore wave action
                            nearshore islands; (3) the offshore barrier is-       and ocean currents, allowing sea grasses to
                            lands; and (4) the offshore Gulf waters located       attach and grow, algae to establish, and nutri-
                            south of the barrier islands. Naturally, al-          ents to remain in concentrations. The shallow
                            though these systems have separate identities         waters of the Sound allow sunlight to reach
                            and characteristics, they are all interrelated,       the bottom, supporting plant life which is
                            and cannot function independently of any of           essential to the food chain. The lower salt
                            the others. Since the focus of this study is on       content of the waters, which is less than half as
                            the offshore ocean waters and its resources,          salty as the Gulf itself, deters many ocean







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            1.4 Mississippi Ocean Policy Study


                              predators from entering the area. Finally,                   These waters are rich in nutrients be-
                              productivity is enhanced by the warm climate            cause of the movement of estuarine water out
                              which prevails most of the year.                        of the Sound. Furthermore, the offshore cur-
                                                                                      rents bring nutrients from the Gulf to mix
                              Offshore Barrier Islands                                with the estuarine waters, thus creating a
                                    Built by wave and current action, the             very nourishing environment for many ma-
                              offshore barrier islands are located 10 to 12           rine organisms, finfish, and shrimp. A num-
                              miles off the mainland, and he practically              ber of these species spawn in this area imme-
                              end-to-end across the entire Mississippi coastal        diately to the south of the barrier islands; their
                              area. The islands making up this barrier are            young later move into the Sound and its pro-
                              (from east to west) Petit Bois, Horn, Ship              tective estuarine waters to grow.
                              (sundered in 1969 by Hurricane Camille), and
                              Cat. The only natural deep-water harbor                 Cultural Setting
                              along the entire length of Mississippi Sound is         Background
                              located immediately to the west of Ship Is-                  The economy of the Mississippi Coast
                              land, giving that island historical significance        thrives on the oceans resources. Tourists and
                              as an anchorage for the area until recent times.        retirees come to enjoy the scenic beaches and
                                    As is the nature of barrier islands, these        barrier islands, to go deep-sea fishing, water
                              islands migrate by virtue of current action,            skiing, or sailing. Commercial fishermen and
                              eroding on their eastern ends and building up           seafood processors depend on Gulf fisheries
                              on their western portions. The islands are              for their livelihood. Much of the area's indus-
                              characterized by wide sandy beaches and                 try is dependent on access to the transporta-
                              dunes on their Gulf sides, and narrow sandy             tion opportunities that the coastal ports offer.
                              beaches, tidal creeks, and vegetation on their          The backgrounds of the people who live on
                              Mississippi Sound sides. They provide shel-             the coast, the employment opportunities, and
                              ter and habitat for a variety of species of fish        recreational offerings are varied, as are the
                              and wildlife, including coastal and migratory           problems that accompany a growing popula-
                              birds. The islands also serve as critical habitat       tion and the stresses that will continue to be
                              to threatened and endangered species, among             placed on ocean resources. It is the responsi-
                              them several species of migratory sea turtles.          bility of the state's policymakers to pursue
                              The nearshore waters of these islands also              careful ocean resource management options
                              serve as a location for a significant amount of         to ensure that the vitality of the area is not only
                              finfish spawning activity.                              preserved, but enhanced.
                                                                                           Approximately 350,000 residents live
                              Offshore Gulf Waters                                    within the 1,800 square miles of the Missis-
                                    Mississippi's waters extend seaward               sippi Gulf Coast. While the area is a popular
                              from the barrier islands to the three-mile ter-         retirement location, the 1987 census indicated
                              ritorial boundary in the Gulf. Currents and             that the age groups were well divided, with
                              water-movement patterns in these open Gulf              nearly half the population falling within the
                              waters are substantially different from those           ages of 1844, the prime employment bracket.
                              of the shallow system of the Sound to the                    The three coastal counties of Harrison,
                              north of the barrier islands.                           Hancock, and Jackson are comprised of series







                                                                                           Mississippi Ocean Policy Study 1.5


         of small communities, including Biloxi,                   Harrison County has two county seats,
         Gulfport, Pascagoula, Bay St. Louis, Ocean           Biloxi and Gulfport. Gulfport, which is a
         Springs, Waveland, Long Beach, and Pass              planned city incorporated in 1898, was
         Christian. These communities boast a num-            founded by a former Confederate captain,
         ber of ethnic groups, among them English,            William H. Hardy, and a former Union cap-
         Irish, French, Greek, Italian, Scot, Slovenian,      tain, Joseph T. Jones. Biloxi's history, how-
         African, Vietnamese, and German. The occu-           ever, dates back to 1699, when French Canadi-
         pations and pastimes of these residents are          ans first explored the area. In 1719, Fort Louis
         varied as well. Civilian employment opportu-         was built at Biloxi, which enjoyed a brief
         nities include tourism, commercial fishing,          period as the capital of the Louisiana Terri-
         timber, and a number of service and indus-           tory. While a few of the French settlers re-
         trial endeavors. The military provides jobs to       mained in Biloxi when the capital was moved
         hundreds at Keesler Air Force Base, the U.S.         to New Orleans in 1722, the city was not
         Coast Guard Base, and the U.S. Naval Con-            chartered until 1838.
         struction Battalion Center. For recreation these          In addition to important tourist and fish-
         people are most likely to pursue ocean-re-           ing industries, Harrison County is also home
         lated pastimes such as fishing, swimming,            to a number of other industries. In the west-
         sailing, beachcombing, windsurfing, andbird-         em part of the county, E. I. Du Pont, de
         watching.                                            Nemours & Co., operates a large titanium
              Like most coastal areas, the Mississippi        dioxide processing plant. Several other mod-
         Gulf Coast is experiencing rapid population          erately sized industries, such as metalwork-
         growth, currently projected to reach over            ing plants, apparel manufacturing, shipyards,
         400,000 persons by the year 2000. This growth        seafood processing plants, and an electric
         will be accompanied by a number of factors,          power generating plant are scattered across
         including increases in industrial activities,        the coastal and bay areas of the county. One
         greater demands for jobs, goods, and services,       of the county's most important contributions
         and additional stresses on coastal environ-          to the economy of the coast is the Port of
         mental systems and valuable natural re-              Gulfport. A deepwater port, the facility
         sources. Special care must thus be taken to          handles a variety of seaborne cargo, with a
         address the needs of a growing population            particularly heavy trade in bananas from Cen-
         while simultaneously protecting Mississippi's        tral and South America. Another major con-
         valuable coastal environment.                        tributor to the coastal economy is the military.
                                                              The Naval Construction Battalion Center, the
         The Counties                                         United States Coast Guard Station, and the
         Harrison County                                      Combat Readiness Training Center are all
              Most of the 178,870 people who five in          located in Gulfport. The Keesler Technical
         Harrison County reside in one of five cities-        Training Center is located in Biloxi.
         Biloxi, Gulfport, Ulberville, Long Beach, or
         Pass Christian. Pass Christian, incorporated         Hancock County
         in 1838, was one of the "Six Sister Cities"               Hancock County, with a population of
         favored by wealthy New Orleanians, who built         33,039, is comprised primarily of two cities-
         summer or weekend retreats in the area.              Bay St. Louis and Waveland. Bay St. Louis







          1.6 Mississippi Ocean Policy Study


                            ("The Bay") is the county seat, and was named           yard has enjoyed a reputation as a quality
                            in memory of King Louis IX by the French-               shipbuilder, and today is the largest employer
                            Canadian explorer Bienville in 1699. Bay St.            in the state, with more than 10,000 employees.
                            Louis was the first coast town to apply for             It has delivered over 40 warships to the Navy
                            incorporation in 1818, and was also one of the          since 1975, and is currently involved in the
                            "Six Sister Cities". Larger industries in this          construction of several new ships.
                            county are Borg-Warner, a specialized plastics               Chevron U.S.A. operates one of the larg-
                            manufacturer, and a marine concrete prod-               est refineries in the country--designed to pro-
                            ucts manufacturer. The John C. Stennis Space            cess over 16 million tons of crude oil a year.
                            Center, a NASA installation, is also located in         Other industrial activities in the county in-
                            the county and is the site of a major research          clude Mississippi Chemical Corporation, Chi-
                            and testing facility. The Center has more than          cago Bridge and Iron Company, seafood pro-
                            18 federal and state agencies on location, em-          cessing houses, an oil rig repair facility, a large
                            ploys over 5,400 highly skilled personnel, and          grain elevator, and several other marine-re-
                            exerts a major economic influence not only              lated manufacturing industries.
                            over the county, but the entire coastal area.
                                                                                    Personal Income
                            lackson Copmty                                               Residents of the Mississippi Coast are
                                  The cities of Gautier, Moss Point, Ocean          employed in a number of different occupa-
                            Springs, and Pascagoula are located in Jack-            tions. The historically important industries of
                            son County, and contribute to an overall                fishing and tourism remain significant con-
                            county population of 144,578. Gautier is                tributors to the economic landscape; the area
                            named after Fernando Upton Gautier, who                 continues, however, to diversify its manufac-
                            established a sawmill there in 1860. This old           turing and industrial capabilities. Recent re-
                            mill community fought annexation by                     ports indicate that the area claims a larger
                            Pascagoula until 1986, when Gautier was in-             than average number of white collar workers.
                            corporated as a city.                                   Nonetheless, production workers still account
                                 . Numerous mineral springs are found at            for a major portion of the workforce. It is
                            Ocean Springs, with waters that Indians of the          estimated that 12.7 percent of Mississippi's
                            area believed had healing powers. Dr. George            manufacturing output is from this region.
                            Austin, a New Orleans physician who set up              Federal or military personnel are an addi-
                            a sanitarium at this location, gave the town its        tional significant segment of the workforce.
                            current name, which describes its two major             They are employed at Keesler Air Force Base,
                            attractions.                                            the John C. Stennis Space Center, and the U.S.
                                  Lumber.. pecans, citrus trees, and fishing        Naval Construction Battalion Center.
                            have all figured in this county's growth. Sig-               The projected numbers of civilian work-
                            nificant contributions to the county's economic         ers employed on the Mississippi coast for
                            health are also made by industrial activity in          1990 was 172,000. In 1987 the labor participa-
                            the county. The Port of Pascagoula is home to           tion rate for men was 75 percent, while only 54
                            one of the state's most important industries,           percent of working-age women were absorbed
                            Litton Industries-Ingalls Shipbuilding Divi-            into the labor force. The salaries reflect the
                            sion. Established in the 1930s, Ingalls Ship-           lower cost of living on the coast than in many







                                                                                    Mississippi Ocean Policy Study 1.7


      areas of the country. In 1987 the hourly earn-
      ings of production workers was 23 percent
      less than the national average, with the aver-
      age family income in that year at approxi-
      mately $30,000. Traditionally, unemployment
      in the area has been slightly lower than the
      state average.







           1.8 Mississippi Ocean Policy Study



                            Sources
                            Books, Rgports andArticles

                            Britton and Morton, Shore Ecology of the Gulf of Mexico.

                            Franks and Ladner, Bureau of Marine Resources, An Overview of Mississippi's Valuable Coastal
                                  Resources: Its Lands, Waters, Fisheries, Industries, Tourism, and Other Valuable Assets (1987).


                            "Guide to Gulf Coast Living," Special Supplement to the Biloxi Sun Herald (19 June 1990).

                            Hancock County Port and Harbor Commission, Harrison County Development Commission,
                                  and Jackson County Economic Development District, Progressively Pursuing Development
                                  Opportunities (1989).

                            Harrison County Development Comn-dssion, Harrison County on the Mississippi Gulf Coast
                                  (1987).


                            Harrison County Tourism Commission, Retirement Living on Mississippi Beach (1990).

                            Mississippi Power Company, Community Profile for Biloxi (1989).

                            Mississippi Power Company, Community Profile for Gulfport (1989).

                            Mississippi Power Company, Community Profile for Long Beach (1987).

                            Mississippi Power Company, Community Profile for Ocean Springs 1986).

                            Mississippi Power Company, Community Profile for Pass Christian (1987).

                            Mississippi Power Company, Income: 1980-90-95, Hancock, Harrison, and Jackson Counties (1990).

                            Ocean Springs Chamber of Commerce, Ocean Springs: City of Discovery.

                            Point Cadet Development Corp., Biloxi Waterfront Plan Update (1990).

                            "Salute to Business and Industry," Special Supplement to the Biloxi Sun Herald (8 April 1990).

                            Sullivan, The Mississippi Gulf Coast: Portrait of a People (1985).





























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                                                                                              Mississippi Ocean Policy Study 2.1



                        GOVERNMENTAL
                                   STRUCTURE






       Background                                              in natural resources management, including
             This chapter briefly outlines the duties          ocean resources management. The assistant's
       of governmental bodies charged with the re-             role, however, is purely a reactive one, and
       sponsibility over the use and management of             consists primarily of responding to problem
       Nfississippi's ocean resources. The first sec-          issues at the request of the governor.
       tion describes state governmental bodies,
       followed by a brief treatment of regional and           Office of the Secretary of State
       national entities that may play a role in ocean              The secretary of state's office is a multi-
       management in Nfississippi. While county                faceted service and information agency
       and local entities have some limited man-               charged with many statutory obligations.
       agement authority over the use and devel-               Among the Secretary's duties are those of the
       opment of the state's offshore areas, local             former state land commissioner, which involve
       regulatory authority is divided among nu-               the supervision and leasing of public lands,
       merous governmental entities and is beyond              such as sixteenth section lands, tax-forfeited
       the scope of this study.                                lands, agency lands, and coastal public trust
                                                               tidelands and submerged lands.
       State Governmental Entities                                  The secretary is aided in the administra-
       Office of the Governor                                  tion of his public lands duties by an assistant
             The governor's office provides staff as-          secretary of state for public lands. The assis-
       sistance and liaison efforts for all areas of state     tant secretary and his staff of public land
       government administration, and also investi-            specialists perform a number of functions.
       gates and evaluates agency policies and pro-            For instance, the specialist for tidelands works
       grams. The governor's special assistant for             with local officials to determine state owner-
       natural resources works in this capacity, ad-           ship of various tidelands, and formulates
       vising the governor on proposed legislation             policies and procedures to implement statu-
       and working with the state agencies involved            tory requirements concerning these lands. The







             2.2 Mississippi Ocean Policy Study


                               specialist executes a number of other tasks,            three main areas of concern: hazardous waste
                               such as reviewing appraisals and data to de-            management and disposal, nonhazardous
                               tern-dne the fair market value of public lands,         waste management and disposal, and
                               preparing manuals to aid in statutory compli-           groundwater management needs. The mem-
                               ance, serving as a liaison between the legisla-         bership consists of six representatives and six
                               ture and the secretary of state's office in matters     senators, and is supported by staff from the
                               pertaining to state-controlled public lands,            Department of Environmental Quality. While
                               and monitoring legal actions that involve the           not specifically mandated to consider ocean
                               agency with regard to state-owned tidelands             issues, the council's activities may play an
                               and submerged lands.                                    important future role in controlling pollution
                                                                                       of the state's marine environment.
                               State Legislature
                                     Geographically, the Mississippi coast             Administrative Agencies
                               represents only a small portion of the state. As             The executive and legislative branches
                               a consequence, the Mississippi legislature              of Mississippi state government play impor-
                               historically has not exhibited as great an inter-       tant roles in the governance of the state's
                               est in managing the state's ocean resources as          ocean resources; however, they have only a
                               have other states with more extensive coast-            modicum of involvement in the actual daily
                               fines. While legislative activity may not be            management of this important state asset.
                               great, several standing committees consider             Most responsibility and authority for imple-
                               ocean-related legislation when the occasion             mentation of ocean-related policies belongs
                               arises. The Senate committees include the               to Mississippi's administrative agencies. The
                               Committee on Wildlife and Marine Resources,             following identifies the agencies with pri-
                               the Comn-dttee on Ports and Industries, the             mary authority over ocean activities and
                               Committee on Ofl, Gas, and Other Minerals,              briefly describes some of their duties.
                               and the Committee on Environmental Protec-
                               tion, Conservation, and Water Resources. In             E Department of Wildlife, Fisheries, and
                               the House of Representatives the committees             Parks
                               are the Committee on Conservation and Wa-                    The Department of Wildlife, Fisheries,
                               ter Resources, the Comn-dttee on Game and               and Parks (DWFP) is Mississippi's principal
                               Fish, and the Committee on Oil, Gas, and                natural resource agency, with primary au-
                               Other Minerals. None of these committees                thority for conservation, protection, and
                               consider ocean issues exclusively; further-             beautification of thestate'senvironmental and
                               more, there are no legislative staff members in         living resources. The department is headed
                               either house who specialize in ocean and                by a comn-dssion of five persons appointed by
                               coastal affairs.                                        the governor and is administered by a
                                     One newly created standing legislative            gubernatorially selected executive director.
                               body that could have some involvement in                DWFP directs programs under the following
                               ocean issues has been formed by the legisla-            divisions: the Division of Parks and Recre-
                               ture. The Environmental Protection Council              ation, which oversees the state park system;
                               was created in 1989 to study and make recom-            the Division of Support Services, which
                               mendations to the Legislature concerning                handles such matters as accounting, public







                                                                                             Mississippi Ocean Policy Study 2.3


         information, field services, and purchasing           0 Department of Environmental Quality
         for the department; and the Division of Wild-               The Department of Environmental
         life and Fisheries. Along with this division's        Quality (DEQ) has charge over regulation of
         responsibility for the management of fresh-           air and water quality, resource
         water resources and wildlife is the direction         recovery, and pollution preven-
         of two subdivisions: the Mississippi Museum           tion. DEQ promulgates regula-
         of Natural History and the Bureau of Marine           tions and develops programs to
         Resources.                                            prevent, control, or abate new
               The Bureau of Marine Resources (BMR)            or existing pollution, regulates
         is the principal body in charge of marine             wastewater, solid and hazard-
         resource management. Under its umbrella of            ous waste disposal facilities, and
         authority from DWFP, the bureau is respon-            protects groundwater re-
         sible for implementation of the state's coastal       sources. The department oper-
         management program, which is a federally              ates under the direction and
         approved management plan and part of a                control of a seven-membercom-
         resulatory scheme created by the Coastal Zone         mission, appointed by the gov-
         Management Act of 1972. BMR has authority             ernor, and is headed by an ex-
         over all the state's marine aquatic life, includ-     ecutive director, who is also
         ing management of fishing resources, regu-            appointed by the governor.
         lation of aquaculture, safety inspection for          DEQ pursues its duty to formu-
         seafood production and processing, and                late policy regarding natural
         protection of endangered species. It is also          resource management and ex-
         the liaison with federal agencies for Outer           ercises its administrative obli-
         Continental Shelf oil and gas development,            gations through three divisions:
         and has review authority for mineral lease            the Bureau of Land and Water
         permits issued by the Department of Environ-          Resources, the Bureau of Pollu-
         mental Quality.                                       tion Control, and the Bureau of
              The Bureau promulgates the regulations           Geology and Energy.
         necessary to implement the Mississippi Ma-                 Two of DEQs divisions are
         rine Litter Act and has administrative charge         involved in ocean-related mat-
         over boat and water safety. BMR is also               ters. Legislation gives the Com-
         authorized to coordinate all tidal surveying          mission on Environmental
         and mapping of public trust lands.                    Quality the exclusive authority
              Obviously, BMR's responsibilities and            to execute mineral leases located
         management duties concerning ocean man-               on state-owned submerged
         agement are extensive. As the agency respon-          lands through the Bureau of
         sible for implementation of Mississippi's             Geology and Energy (BGE). The
         coastal management program, as well as many           bureau has the authority to
         ocean management duties not covered under             oversee all aspects of mineral
         that regulatory scheme, BMR is involved in            exploitation in this area, from
         practically every aspect of ocean and coastal         promulgation of regulations
         management. ,                                         governing mineral exploration








          2.4 Mississippi Ocean Policy Study

                 0   0  4b           to the establishment of a fee system       0 Mississippi Department of Economic and
           0                         for the issuance of permits. It should     Community Development
                                     be noted that once a mineral lease is           The mission of this agency is to create a
            0                        obtained, a permit must also be is-        climate for economic growth in the state. The
                                     sued by the State Oil and Gas Board        department is headed by an executive direc-
                                     for the construction, operation, and       tor, who is selected by the governor, and
                                     maintenance of any facilities for the      advised by a twenty-five member advisory
                                     exploration, production, and trans-        council, whose members are also appointed
                            portation of oil and gas.                           by the governor. The Department seeks to
                                 The Bureau of Pollution Control (BPQ is        accomplish its goals through the recruitment
                            responsible for the designation of water qual-      of new business and industry, the provision
                            ity parameters for the state and issues water       of technical assistance to new and existing
                            pollution permits for activities affecting state    businesses, and by offering leadership and
                            waters. It also administers the state compo-        support to local officials and economic devel-
                            nent of the U.S. Environmental Protection           opment professionals.
                            Agency"s National Pollution Discharge and                One of the agency's numerous duties is
                            Elin-dnation System Program (NPDES).                the promotion of tourism. In pursuance of
                                                                                that duty, the state is divided into regional
                            0 Department of Archives and History                tourist councils, which act to promote tourist
                                 The Department of Archives and His-            travel and vacation business in their areas of
                            tory (DAH) is responsible for the care and          the state. The coastal counties of Hancock,
                            custody of official archives, the collection of     Harrison, and Jackson are in Area Tourist
                            items of prehistoric and historic value to the      Council Five.
                            state, and the encouragement of historical
                            research or other work that relates to              Regional Entities
                            Mississippi's past. It is controlled by a board          The following regional organizations
                            of nine trustees and is under the immediate         play a role in ocean policy-making.
                            management of a director who is elected by
                            the board.                                          Gulf of Mexico Fishery Management Council
                                 Recent legislation has authorized the de-           Established by the Federal Magnuson
                            partment to serve as the official historic pres-    Fishery Conservation and Management Act
                            ervation agency for the state and to adminis-       of 1976 (MFCMA), this group is one of eight
                            ter the new state antiquities law. In that          regional councils created by the Act to imple-
                            capacity, DAH is responsible for the protec-        ment and maintain a comprehensive fishery
                            tion of all sunken or abandoned ships or wrecks     management scheme in different areas of the
                            under state waters. Under the antiquities law,      country. The constituent states in the Gulf of
                            all such sunken relics are the sole property of     Mexico region are Texas, Louisiana, Alabama,
                            the state, and cannot be taken or altered with-     Florida, and Mississippi. It is comprised pri-
                            out a contract or permit from the Board of          marily of representatives from each state who
                            Trustees of the Department of Archives and          are from the local communities adjacent to the
                            History.                                            ocean area and who are familiar with local
                                                                                and regional needs. The council develops







                                                                                           Mississippi Ocean Policy Study 2.5


        management plans for federal waters of the           The Mississippi-Alabama Sea Grant Consor-
        Gulf, based on national standards set out in         tium consists of eight member universities
        the MFCMA; such plans must be approved               and research institutions in the two
        and implemented by the Secretary of Com-             states.These institutions, along with Sea Grant
        merce. The regulations promulgated pursu-            advisory service offices, pursue the tripartite
        ant to the management plans are enforced by          Sea Grant approach of integrated research,
        the Coast Guard and the National Marine              education, and public service, and apply ex-
        Fisheries Service.                                   pertise to the problems and opportunities that
                                                             affect the coastal areas and waters of not only
        Gulf States Marine Fisheries Commission              Mississippi and Alabama, but also the nation
             This commission is made up of three             and the world.
        representatives from each Gulf state and acts
        strictly in an advisory capacity. It is autho-       Southern States Energy Board
        rized to study fishery management, conserva-              The Southern States Energy Board (SSEB)
        tion, marine, shell, and anadromous activities       is a public, non-profit interstate compact
        concerning the Gulf. It also consults and            agency, consisting of 16 Southern states and
        comments on possible legislation for each of         Puerto Rico. Its purpose is to provide techni-
        the member states. The Commission houses             cal staff support, policy and program devel-
        and coordinates such programs as the                 opment, and implementation and informa-
        Interjurisdictional Fisheries Program (IJF),         tion services in matters relating to all areas of
        which develops and implements regional               energy and environmental quality. In recent
        fishery management plans; the Southeast Area         years, SSEB has turned more of its attention to
        Monitoring and Assessment Program                    coastal issues, and in pursuance of that inter-
        (SEAMAP), which coordinates the collection           est has created a Coastal Resources Technical
        and dissemination of fishery-related data; and       Advisory Committee in an effort to facilitate
        the Sport Fish Restoration Program, which            an interjurisdictional and cooperative approach
        addresses recreational fisheries issues. In ad-      to marine and coastal protection issues.
        dition, the commission issues an annual re-
        port to the member states and to the U.S.            United States Environmental Protection
        Congress, as well as lending support to the          Agenq@s Gulf of Mexico Program
        Marine Fisheries Initiative Program                       In recognition of the fact that the Gulf of
        (MARFIN).                                            Mexico is one of America's most valuable
                                                             natural areas, the U.S. Environmental Protec-
        Mississil2l2i-Alabama Sea Grant Consortium           tion Agency has initiated what is known as
             The Mississippi-Alabama Sea Grant               the Gulf of Mexico Program to address the
        Consortium is one of a network of 29 Sea             complex problems that face the Gulf.
        Grant programs in coastal states, Great Lakes             The program endeavors to involve a
        states, and Puerto Rico. It is a federal-state       myriad of state, local, and federal agencies to
        partnership, with federal support provided           formulate a comprehensive strategy to im-
        by the National Sea Grant College Program of         prove the long-term health of the Gulf of
        the National Oceanic and Atmospheric Ad-             Mexico. Mississippi is involved in this
        n-tinistration, U.S. Department of Commerce.         multijurisdictional effort-in fact, offices for








           2.6 Mississippi Ocean Policy Study


                             the program are located in the state at the John       ship role. Until such a role is established,
                             C. Stennis Space Center near Bay St. Louis. A          ocean matters are handled by the president's
                             number of Mississippi representatives par-             Domestic Policy Council or issue-specific task
                             ticipate in the work of this program and will          forces, which are created to address specific
                             contribute to the development of a long-term           issues such as wetlands or offshore oil and gas
                             management program for the Gulf of Mexico.             development.        In addition, the State
                                                                                    Department's Office of Ocean Affairs, Bureau
                             National Entities                                      of Oceans, Environment, and Science chairs
                                   At a national level, groups like the Na-         the National Security Council's Policy Coor-
                             tional Governors' Association, the Coastal             dinating Committee on Oceans, Environment,
                             States Organization, the National Association          and Science. This office also chairs the
                             of Attorneys General, and the National Asso-           Council's Working Group on Oceans Policy
                             ciation of Secretaries of State all attempt to         and Law of the Sea.
                             represent ocean interests. While these organi-
                             zations are instrumental in coordinating the           Legislative
                             representation of coastal states' interests and             In the legislative branch, Congress has
                             also engage in needed lobbying efforts, they           more than 50 standing committees and sub-
                             lack the formal authority to participate actively      committees whose provinces include interests
                             in ocean management.                                   in ocean activity. Some of the committees that
                                   As for the federal government itself, all        are most active in ocean management are the
                             branches are involved in ocean affairs. How-           House Committee on Merchant Marine and
                             ever, federal involvement in ocean manage-             Fisheries, the House Committee on Appro-
                             ment has tended to be on an ad hoc, issue-             priations, the House Committee on Public
                             specific basis, resulting in a number of agen-         Works and Transportation, the Senate Com-
                             cies pursuing their duties in an uncoordinated         mittee on Environment and Public Works,
                             manner. The resulting mix is characterized by          and the Senate Committee on Commerce,
                             numerous competing policies designed to                Science and Transportation.
                             respond to one use or resource rather than any
                             comprehensive philosophical strategy to                Administrative Agencies
                             manage the oceans as a whole. The following                 As is the case with ocean management
                             will describe some of the federal involvement          on a state level, the federal administrative
                             and the key policies relative to a number of           agencies are largely responsible for regulation
                             these distinct issues.                                 of ocean uses and resources, albeit in a re-
                                                                                    source-specific manner. The principal agen-
                             Executive Branch                                       cies with duties in this area (there are others as
                                  Since the dissolution of the National Ad-         well) are the Department of Commerce, which
                             visory Committee on Oceans and Atmosphere,             houses the National Oceanic and Atmospheric
                             the president no longer has a sitting advisory         Administration with its sub-agencies-the
                             committee to study and make recommenda-                National Marine Fisheries Service, the Office
                             tions on ocean-related matters. Efforts are'           of Coastal and Ocean Resource Management,
                             currently being made to establish an ocean             and the National Sea Grant College Program;
                             policy council and thus reinstate that leader-         the Department of the Interior, which houses







                                                                                           Mississippi Ocean Policy Study 2.7


        the Minerals Management Service, the Na-
        tional Park Service, the Bureau of Land Man-
        agement, and the US. Fish and Wildlife Ser-
        vice; the Department of Defense, which houses
        the U.S. Navy and the U.S. Army Corps of
        Engineers; the Department of Transportation,
        which houses the U.S. Coast Guard and the
        Maritime Administration; and the Depart-
        ment of State, which handles any matters
        concerning foreign relations.
              Finally, other independent agencies and
        govenmental corporations, such as the Envi-
        ronmental Protection Agency, the National
        Science Foundation, the National Aeronau-
        tics and Space Administration, and the Fed-
        eral Maritime Commission have broad re-
        sponsibilities which include ocean activities.


        Conclusion
             Numerous state, local, and federal gov-
        emmental bodies have authority or involve-
        ment in the use and management of Missis-
        sippi ocean resources. However, although
        there are many agencies and other govern-
        mental groups that partici-
        pate in ocean governance,
        there is no comprehensive
        regulatory framework -
        no structure to bring all the
        groups and their duties to-
        gether. The next portion of
        this study will examine a
        number of ocean activities
        and the policies in place for their management.
        Following the discussion of specific topics,
        this study will explore in depth the
        intergovernmental ocean management
        framework that currently exists in Missis-
        sippi and will make recommendations for its
        improvement.








          2.8 Mississippi Ocean Policy Study




                      STATE ENTITIES


                      Office of The Governor:
                             0 Provides staff assistance to state administrative research agencies
                             0 Advised by Governor's Special Assistant for Natural Resources
                             0 Provides liaison efforts for all areas of government
                             N Suggests legislative initiatives

                      Office of The Secretary of State:
                             N Operates under the former duties of the State Land Commissioner which include
                                    supervision and leasing of public lands
                             0 Aided by the Assistant Secretary of State for Public Lands
                                       - determines ownership of tidelands
                                       - formulates policies and procedures
                                       - determines fair market value of public lands
                                       - prepares manuals to aid in statutory compliance
                                       - serves as liaison between the Legislature and Secretary of State
                                       - monitors legal actions that involve the agency with regard to state-owned
                                           tidelands and submerged lands

                      The Mississippi Legislature:
                             0 Senate Committees
                                    0 Committee on Wildlife and Marine Resources
                                    0 Committee on Ports and Industries
                                    0 Committees on Oil and Gas and other Minerals
                                    0 Committee on Environmental Protection, Conservation and Water Resources
                             0 House of Representatives Committees
                                    ï¿½ Committee on Conservation and Water Resources
                                    ï¿½ Committee on Game and Fish
                                    ï¿½ Committee on Oil and Gas and other Minerals
                             0 Environmental Protection Council
                                    0 makes recommendations concerning hazardous and non-hazardous waste
                                           management disposal and groundwater management

                      Adniinistrative Agencies:
                             0 Department of Wildlife, Fisheries and Parks
                                    N Division of Parks and Recreation - oversees State Park System
                                    E Division of Support Services - handles accounting, public information, field
                                           services and purchasing
                                    0 Division of Wildlife and Fisheries
                                           - Mississippi Museum of Natural Resources







                                                                                 Mississippi Ocean Policy Study 2.9




                                 Bureau of Marine Resources
                                       0 Implements state's coastal management program
                                       0 Authority over all marine aquatic life
                                       0 Regulates aquaculture
                                       N Inspects seafood production and processing
                                       0 Protects endangered species
                                       0 Acts as liaison with federal agencies for OCS oil and gas
                                              development
                                       0 Has review authority for mineral lease permits issued by the
                                              Department of Environmental Quality.
                                       0 Implements the Mississippi Marine Litter Act
                                       N Oversees boat and water safety
                  0 Department of Environmental Quality
                         0 Regulates air and water quality, resource recovery and pollution prevention
                         0 Promulgates regulations
                         N Develops programs to prevent, control or abate pollution, waste water and
                                hazardous waste disposal facilities
                         N Protects groundwater resources
                         0 Controls several divisions
                                - Bureau of Land and Water Resources
                                - Bureau of Pollution Control - sets water quality parameters for the state
                                       and issues permits
                                - Bureau of Geology and Energy - executes mineral leases on state-owned
                                       submerged lands
                 0 Department of Archives and History
                         0 Responsible for the care and custody of official archives
                         E Encourages historical research
                         0 Administers the state antiquities law
                            - Protects all sunken or abandoned ships in state waters
                 0 Mississippi Department of Economic and Community Development
                         0 Creates a climate for economic growth
                         0 Recruits new business and industry
                         0 Offers leadership and support to local officials and economic development
                                professionals
                         0 Promotes tourism








         2.10 Mississippi Ocean Policy Study




                    NATIONAL ENTITIES


                    Executive Branch:
                           N Has no sitting advisory committee to study ocean related matters
                           0 President's Domestic Policy Council
                                  - handles any ocean matters
                           N Specific task forces created as issues arise

                    Legislative Branch: (Over fifty standing committees and subcommittees with province over
                    ocean activity, some of the major ones are )
                           0 House Committee on Merchant Marine and Fisheries
                           N House Committee on Appropriations
                           N House Committee on Public Works and Transportation
                           N Senate Committee on Environment and Public Works
                           0 Senate Committee on Commerce, Science and Transportation

                    Administrative Agencies: (Primary departments with duties in ocean uses and resources
                           N Department of Commerce
                                  M National Oceanic and Atmospheric Administration
                                         - National Marine Fisheries Service
                                         - Office of Coastal and Ocean Resource Management
                                         - National Sea Grant College Program
                           M Department of the Interior
                                  M Minerals Management Service
                                  M National Park Service
                                  M Bureau of Land Management
                                  M U.S. Fish and Wildlife Service
                           M Department of Defense
                                  M U.S. Navy
                                  M U.S. Army Corps of Engineers
                           M Department of Transportation
                                  M U.S. Coast Guard
                                  M Maritime Administration
                           0 Department of State
                                  M Handles matters concerning foreign relations

                    Independent Agencies and Governmental Corporations:
                           M U.S. Environmental Protection Agency
                           M National Science Foundation
                           M National Aeronautics and Space Administration
                           0 Federal Maritime Commission







                                                                              Mississippi Ocean Policy Study 2.11



          REGIONAL ENTITIES


          Gulf of Mexico Fishery Management Council:
                 N Implements and maintains a comprehensive fishery management scheme in federal
                        waters
                 N Develops management plans based on national standards

          Gulf States Marine Fisheries Commission:
                 E Acts only in an advisory capacity
                 0 Studies fishery management, conservation and marine activity in the Gulf
                 E Consults and comments on possible legislation
                 0 Coordinates the Interjurisdictional Fisheries Program, Southeast Monitoring and
                        Assessment Program and Sportfish Restoration Program
                 0 Issues an annual report to the member states and the U.S. Congress
                 0 Helps support the Marine Fisheries Initiative Program

          Southern States Energy Board:
                 0 Provides technical staff support to areas of energy and environmental quality
                 0 Supports program development
                 E Implements information services
                 0 Sponsors the Coastal Resources Technical Advisory Committee
                        -facilitates interjurisdictional cooperation concerning marine and coastal issues

          United States Environmental Protection Agency's Gulf of Mexico Program:
                 E Coordinates state, local, and federal agencies
                 0 Sets long term management plans for the Gulf of Mexico








          2.12 Mississippi Ocean Poficy Study


                            SOURCES
                            State Statutes and ReeWations
                            State Governmental Entities
                            Miss. Code Ann. ï¿½ 19-145 (1972).
                            Miss. Code Ann. ï¿½ 19-147 (1972).
                            Miss. Code Ann. ï¿½ 19-1-59 (1972).
                            Miss. Code Ann. ï¿½ 29-15-9 (Supp. 1989).
                            Miss. Code Ann. ï¿½ 49-2-5 (Supp. 1989).
                            Miss. Code Ann. ï¿½ 59-7-5 (1989).


                            State Legislature
                            Miss. Code Ann. ï¿½ 49-29-1 et seq. (Supp. 1989).
                            Mississippi Statistical Register 1988-1992.

                            Administrative Agencies
                            m Department of Wildlife, Fisheries, and Parks (DWFP)
                            Miss. Code Ann. ï¿½ 29-7-3 (Supp. 1989).
                            Miss. Code Ann. ï¿½ 29-15-17 (Supp. 1989).
                            Miss. Code Ann. ï¿½ 49-1-4 (Supp. 1989).
                            Miss. Code Ann. ï¿½ 49-1-29 (Supp. 1989).
                            Miss. Code Ann. ï¿½ 49-4-1 (Supp. 1989).
                            Miss. Code Ann. ï¿½ 49-4-6 (Supp. 1989).
                            Miss. Code Ann. ï¿½ 49-4-7 (Supp. 1989).
                            Miss. Code Ann. ï¿½ 49-4-8 (Supp. 1989).
                            Miss. Code Ann. ï¿½ 49-4-9 (Supp. 1989).
                            Miss. Code Ann. ï¿½ 49-4-29 (Supp. 1989).
                            Miss. Code Ann. ï¿½ 49-5-61 (Supp. 1989).
                            Miss. Code Ann. ï¿½ 49-5-101 (Supp. 1989).
                            Miss. Code Ann. ï¿½ 49-15-11 (Supp. 1989).
                            Miss. Code Ann. ï¿½ 49-15-15 (Supp. 1989).
                            Miss. Code Ann. ï¿½ 49-15-23 (Supp. 1989).
                            Miss. Code Ann. ï¿½ 49-15-27 (Supp. 1989).
                            Miss. Code Ann. ï¿½ 49-21-1 (Supp. 1989).
                            Miss. Code Ann. ï¿½ 51-2-1 (Supp. 1989).
                            Miss. Code Ann. ï¿½ 59-21 -111 (Supp. 1979).
                            Miss. Code Ann. ï¿½ 79-99-1 (Supp. 1988).

                            n Department of Environmental Quality (DEQ)
                            Miss. Code Ann. ï¿½ 29-7-1 (Supp. 1989).
                            Miss. Code Ann. ï¿½ 29-7-3 (Supp. 1989).
                            Miss. Code Ann. ï¿½ 49-2-4 (Supp. 1989).
                            Miss. Code Ann. ï¿½ 49-2-5 (Supp. 1989).







                                                                                Mississippi Ocean Policy Study 2.13


       Miss. Code Ann. ï¿½ 49-2-7 (Supp. 1989).
       Miss. Code Ann. ï¿½ 49-2-9 (Supp. 1989).
       Miss. Code Ann. ï¿½ 49-17-17 (Supp. 1989).
       Miss. Code Ann. ï¿½ 49-17-19 (Supp. 1989).
       Miss. Code Ann. ï¿½ 49-17-28 (Supp. 1989).
       Miss. Code Ann. ï¿½ 49-17-68 (Supp. 1989).
       Miss. Code Ann. ï¿½ 49-17-81 (Supp. 1989).
       Miss. Code Ann. ï¿½ 49-17-201 (Supp. 1989).
       Miss. Code Ann. ï¿½ 79-22-21 (Supp. 1988Y.

       a Mississippi State Oil and Gas Board
       Miss. Code Ann. ï¿½ 53-3-71 (1990).

       m Department of Archives and History (DAH)
       Miss. Code Ann. ï¿½ 39-7-1 et seq. (Supp. 1989).

       a Mississippi Department of Economic and Community Development
       Miss. Code Ann. ï¿½ 57-27-1 (1989).


       ï¿½ Gulf of Mexico Fishery Management Council


       ï¿½ Gulf State Marine Fisheries Commission
       Miss. Code Ann. ï¿½ 49-15-101 (Supp. 1989).

       n Southern States Energy Board
       Miss. Code Ann. ï¿½ 57-25-13 (1989).







                                                                                             Mississippi Ocean Policy Study 3.1



                       STATE SUBMERGED
                 LANDS JURISDICTION





          Background                                           eachstate." The Outer Continental Shelf Lands
          Submerged Lands Jurisdiction                         Act, on the other hand, was enacted primarily
               jurisdiction over the nation's ocean areas      to establish a federal regulatory scheme over
          is divided between the federal government            the use of mineral resources located beyond
          and thecoastal states. The current division came     state jurisdiction.
          about as a result of the U.S. Supreme Court                Although the SLA grants authority over
          decision in United States v. California, 332 U.S.    submerged lands within the territorial sea to
          19 (1947), which held that the federal govern-       the coastal states, that authority is not abso-
          ment rather than the coastal states owned the        lute. The federal government retains para-
          land and resources within the three-mile ter-        mount rights, grounded in the commerce and
          ritorial sea. In 1953 Congress responded to          property clauses of the Constitution, to
          public concerns over the states' inability to        regulate state waters for the purposes of navi-
          own and develop living and non-living re-            gation, commerce, national defense, and in-
          sources off their coasts by enacting the Sub-        ternational affairs.
          merged Lands Act (SLA), 43 U.S.C. ï¿½ï¿½ 1301 et
          seq.(1988), and the Outer Continental Shelf          The Exclusive Economic Zone
          Lands Act (OCSLA) 43 U.S.C. ï¿½ï¿½ 1331 et seq.               In keeping with the international trend
          (1988). These laws clarified the interests of the    during the 1960s and 1970s of expanding na-
          state and federal governments in submerged           tional claims to ocean space, the United States
          lands and provided a framework for regulat-          extended exclusive fisheries jurisdiction out
          ing and managing the exploration, develop-           to 200 miles in 1976. This was followed in 1983
          ment, and production of offshore minerals.           by a proclamation by President Reagan that
               The Submerged Lands Act granted                 gave the U.S. control over the exploration, con-
          coastal state ownership of the submerged             servation, use, and management of all living
          lands and natural resources "to a line three         and non-living resources located within a 200-
          geographical miles distant from the coast of         mile exclusive economic zone.







          3.2 Mississippi Ocean Policy Study


                             Extension of the Territorial Sea                       Congress recently placed language in the
                                   On December 27,1988, President Reagan            CoastalZoneActReauthoxization Amendments
                             proclaimed that the seaward boundary of the            of 1990 that expressly limits the seaward
                             territorial sea of the United States was ex-           boundary of the "coastal zone" to the extent of
                             tended from the former distance of three miles         state ownership and title. (For a discussion of
                             from the coast to a distance of 12 miles from          the 1990 CZMA amendments, see Chapter 5).
                             the coast. While the establishment of a 12-            However, a legitimate argument can be made
                             mile territorial sea is fully consistent with          that other federal statutes containing refer-
                             international law, the proclamation presents           ences to the "territorial sea," unless expressly
                             a number of potential problems domestically.           limited, are susceptible to being interpreted
                             A disclaimer in the president's proclamation           as covering activities out to the limits of the
                             indicates that it does not extend or otherwise         expanded 12-mile territorial sea.
                             alter "existing Federal or State law or any                  The impact on the state of Mississippi of
                             jurisdiction, rights, legal interests, or obliga-      an expanded territorial sea remains unclear.
                             tions derived therefrom." The intent of this           Much depends on the steps that Congress
                             disclaimer is to allow the president to assert         takes to clarify discrepancies in the dozens of
                             United States sovereignty out to 12 miles for          laws governing the ocean environment and
                             international purposes yet retain the three-           the manner in which Mississippi and other
                             mile limit forall domestic laws and regulations.       coastal states choose to assert their legal rights.
                                  Many observers believe that the presi-
                             dent does not have the legal authority to limit        Status in Mississippi
                             the effects of the proclamation exclusively to         Seaward Boundaries
                             foreign affairs. Over 70 federal statutes and                In 1985, the United States Supreme Court
                             an unknown number of state statutes contain            held in United States v. Louisiana (hereinafter
                             some reference to a territorial sea of an unde-        referred to as the Miss issippi-Alabama
                             fined width. If the territory to which these           Boundary Case), 470 U.S. 93 (1985), that the
                             statutes apply is defined simply as the "terri-        entire Mississippi Sound is a historic bay and
                             torial sea," the statute could be interpreted to       that its waters are inland waters owned by the
                             incorporate an expanded 12-mile territorial            coastal states of Mississippi and Alabama.
                             sea rather than be limited to three miles.             The Court described the Sound as "a body of
                                  Of particular interest to Mississippi and         water immediately south of the mainland of
                             other coastal states are the potential benefits        the two States. It extends from Lake Borgne at
                             created as a consequence of expanded state             the west to Mobile Bay at the east, and is
                             ownership and control of resources in the              bounded on the south by a line of barrier
                             territory between three and 12 miles out to            islands. These islands, from west to east, are
                             sea. An examination of the language and                Isle au Pitre, Cat Island, Ship Island, Horn
                             legislative history of the SLA clearly indicates       Island, Petit Bois Island, and Dauphin Island.
                             that it was Congress' intent that state owner-         The Sound is approximately 80 miles long
                             ship of submerged lands be limited to a dis-           and 10 miles wide."
                             tance of three miles (three leagues off of Texas             For purposes of determining the state's
                             and the Gulf Coast of Florida) in the absence          seaward boundary, the coastline of Missis-
                             of specific congressional action. Similarly,           sippi consists of the lines of "a line at" the







                                                                                                Mississippi Ocean Policy Study 3.3


        shoreline watermarkalong the southern coasts             federal government' s preferred practice, the
        of the barrier islands together with appropriate         boundary will instead be permanently fixed
        lines connecting the barrier islands. This forms         based upon the current geographical position
        the baseline from which the three-mile terri-            of Mississippi's coastline. The state demanded
        torial sea is measured.                                  that the coastline rather than the seaward
              Although the Mississippi-Alabama                   boundary be fixed to protect its rights should
        Boundary Case settled a number of legal                  there be a future SLA grant to the state as a
        questions concerning Mississippi's offshore              result of the newly established 12-mile territo-
        boundaries, several issues remain in dispute.            rial sea.
        The nearshore boundary between Mississippi                    Mississippi's lateral seaward bound-
        and Louisiana was established by the Su-                 aries-the boundaries between the territorial
        preme Court in Louisiana v. Mississippi, 202 U.S.        sea of Mississippi and the waters of its
        1 (1906). However, Mississippi failed to reach           neighboring states-have not as yet been
        agreement with the federal government or                 settled. No formal agreement currently exists
        with the state of Louisiana regarding the                with Alabama, and there continues to be some
        western extremity of the state's seaward                 disagreement between
        boundary southwest of Ship Island and north              Mississippi and Louisiana
        of theChandeleur Islands. Mississippi claimed            over that portion of the lat-
        that the area is part of Chandeleur Sound, and           eral seaward boundary not
        therefore inland waters based upon a 1975                addressed in Louisiana v.
        agreement between Louisiana and the federal              Mississippi.
        government that delineated that state's sea-                  Regardless of the pre-
        ward boundary. The federal government con-               cise location of the state's
        tended that the agreement involved a limited,            offshore boundaries, Mis-
        conditional concession to Louisiana and that             sissippi has been awarded
        it never conceded that Chandeleur Sound                  jurisdiction over a large
        was inland waters.                                       area of the ocean as a con-
              Following several years of negotiations,           sequence of its ownership
        on November 5, 1990 the United States Su-                of Mississippi Sound. Un-
        preme Court approved an agreement between                like the territorial claims of
        Mississippi and the federal government that              most coastal states, which
        sets the state-federal seaward boundary in               are limited to three miles,
        Mississippi v. United States, 111 S. Ct. 380 (1990).     Mississippi exercises juris-
        Without prejudice to their differing positions           diction over the Mississippi
        on the inland water status of Chandeleur                 Sound to a point three miles
        Sound, the parties have agreed to fix a per-             seaward of the barrier is-
        manent line using the same "closing line"                lands. Consequently, the
        agreed to between the federal government                 state controls the living and
        and Louisiana in 1975. Interestingly, the agree-         non-livingmarine resources
        ment also stipulates that rather than perma-             out to a distance ranging
        nently fixing the outer seaward boundary                 from approximately 11 to 18
        based upon geographic coordinates, as is the             miles off-shore.







               3.4 Mississippi Ocean Policy Study


                                    Management of Submerged Lands                                     Day-to-day management is left to the assis-
                                            Mississippi's submerged lands manage-                     tant secretary of state for public lands, in
                                    ment policy 'was developed in association                         cooperation with a variety of state agencies
                                    with the state's coastal program. Conse-                          that have been delegated management re-
                                    quently, the management regime is primarily                       sponsibilities under the coastal program. The
                                    devoted to coastal and near-shore submerged                       Department of Wildlife, Fisheries and Parks'
                                    land issues. There is no comprehensive policy                     Bureau of Marine Resources, the Department
                                    for planning and management of submerged                          of Environmental Quality's Bureau of Pollu-
                                    lands of the territorial sea. Instead, policy                     tion Control and Bureau of Geology and En-
                                    decisions continue to be made by state agen-                      ergy, and the Department of Archives and
                                    cies with single regulatory missions such as                      History are the primary agencies involved in
                                    the management of fisheries or development                        policy development and permitting review
                                    of offshore oil and gas resources.                                on state submerged lands. (For a more de-
                                            All state agencies must comply with the                   tailed discussion of state agency management
                                    general statutory goals of the coastal pro-                       responsibilities, see chapter 2.)
                                    gram, which are specified in Miss. Code Ann.
                                    ï¿½ 57-15-6 (1) (1990) as follows:                                  Ocean Policy Challenges
                                            (a)To provide for reasonable industrial expansion                   0 Mississippi needs to evaluate the
                                        inthecoastalareaandtoensuretheefficientutilization            impact of the extension of the terTitorial sea on
                                        of waterfront industrial sites so that suitable sites are     the following state interests:
                                        conserved for water dependent industry;                                 moil and gas revenue-sharing in the
                                            N To conserve the resources of the coastal area           12-mile territorial sea:
                                        for this and succeeding generations in accordance                       m federal consistency for activities that
                                        with the public policies expressed in sections 39-7- 3        occur in the ocean zone between three and 12
                                        (historic preservation), 49-15-1 (seafood), 49-17-3           miles;
                                        (pollution control), 49- 27-3 (coastal wetlands protec-                 m recognition by federal agencies that
                                        tion), and 51-34 (water resources), Mississippi Code          state water quality standards and certification
                                        of 1972 (1990);                                               requirements extend beyond the three-mile
                                            (c) To consider the national interest involved in         limit;
                                        planning for and in siting of facilities in the coastal                 mstate criminal and civil authority over
                                        area;                                                         the activities of foreign-flag vessels that oper-
                                            (d) To encourage the preservation of natural sce-         ate within the three-to-12-mile zone.
                                        nic qualities in the coastal area;                                      0 If the extension of state jurisdiction
                                            (e) To assist local governments in the provisions         is found to be essential for the accomplish-
                                        of public facilities and services in a manner consistent      ment of important ocean management objec-
                                        with the coastal program; and                                 tives, the state should cooperate with the
                                            (f) To ensure the effective, coordinated imple-           Coastal States Organization, the Southern
                                        mentation of public policy in the coastal am of               Governors Association, and other national
                                        Mississippi comprised of Hancock, Harrison, and               and regional bodies to convey that position
                                        Jackson counties.                                             vigorously to the federal government.
                                            In Mississippi, the secretary of state has                          0 Mississippi should examine the fea-
                                    been designated as the trustee of public lands.                   sibility of developing a comprehensive state







                                                                                           Mississippi Ocean Policy Study 3.5


        policy and regulatory process regarding the
        leasing and other use of submerged land.
        Some progress has been made as a result of
        recent legislation regulating public trust tide-
        lands. See Miss. Code Ann. ï¿½ï¿½ 29-15-1 et seq.
        (1990). While a good first step, the public trust
        tidelands legislation is exclusively devoted to
        the use and ownership of the nearshore tid-
        ally influenced areas of the state, and not to
        the broader range of activities taking place in
        the territorial sea.
                E Mississippi should support recently
        introduced federal legislation that provides
        additional guidance to the states regarding
        their role in managing ocean areas within the
        12-mile territorial sea.







          3.6 Mississippi Ocean Policy Study


                           Sources
                           Books, Rgports and Articles

                           Alexander, "The Territorial Sea of the United States: Is it Twelve Miles or Not?" 20 Journal of
                                Maritime Law and Commerce 449 (1989).


                           Hearings before the Subcomn-dttee on Oceanography and Great Lakes of the House Committee
                                on Merchant Marine and Fisheries, "Exan-tination of the President's Proclamation Extend-
                                ing the Territorial Sea of the United States From Three to Twelve Miles," 101stCongress,
                                lst Session (21-22 March 1989).


                           King and Broussard, Texas A& M University's Proceedings of the National Conference on the States
                                and an Extended Territorial Sea (1987).


                           Saurenman, "The Effects of a Twelve-Mile Territorial Sea on Coastal State Jurisdiction: Where
                                do Matters Stand?" 1 Territorial Sea Journal 39 (1990).


                           U.S. Department of justice, Office of Legal Counsel, Opinion delivered to the Department of
                                State, "Legal Issues Raised by the Proposed Presidential Proclamation to Extend the
                                Territorial Sea" (1988). Reprinted in 1 Territorial Sea Journal 1 (1990).



                           Federal Statutes and Regulations


                           Outer Continental Shelf Lands Act, 43 U.S.C. ï¿½ï¿½ 1331 et seq. (1988).

                           Submerged Lands Act, 43 U.S.C. ï¿½ï¿½ 1301 et seq. (1988).

                           Proclamation No. 5030,48 Federal Register 10,605 (1983) (presidential proclamation creating
                                the 200-mile exclusive economic zone).


                           Proclamation No. 5928,54 Federal Register 777 (1988) (presidential proclamation extending the
                                territorial sea of the U.S. from three to 12 miles).


                           State Statutes and Regglations
                           Coastal Wetlands Protection Law, Miss. Code Ann. ï¿½ï¿½ 49-27-1 et seq. (1990).

                           Miss. Code Ann. ï¿½ 57-15-6 (1990).

                           Public Trust Tidelands Law, Miss. Code Ann. ï¿½ï¿½ 29-15-1 et seq. (1990).









                                                                                             Mississippi Ocean Policy Study 4.1




                            COASTAL ZONE
                   MANAGEMENTACT
                               AND FEDERAL
                               CONSISTENCY


        Background                                                  The requirement that federal agencies
              In response to the substantial degrada-          act in a manner that is consistent with state
        tion of the coastal environment caused by              coastal management programs is at the very
        increasing population and development                  heart of the CZMA. It is one of the elements
        pressures, Congress enacted the federal                that encourages states to participate in the
        Coastal Zone Management Act of 1972                    program and to comply with the requirements
        (CZMA), 16 U.S.C. ï¿½ï¿½ 1451 et seq. (1988). As           set up by federal law. Furthermore, since
        envisioned, the CZMA creates a program of              interest in and competition over coastal re-
        collaborative planning between federal and             sources have increased, federal consistency
        state authorities. By developing federally             provisions have become an important man-
        approved coastal management programs,                  agement tool for the coastal states. Neverthe-
        states are given the opportunity to participate        less, problems have arisen concerning the ap-
        in a joint federal-state initiative to protect and     plicability of the Act's consistency provisions,
        enhance their coastal lands and waters. The            the reach of which has been a point of serious
        act provides incentives for states to develop          contention between federal agencies and the
        their own coastal management plans by giv-             coastal states.
        ing them federal financial and technical as-                One of the most heated battles has re-
        sistance and by promising that any federal             volved around a 1984 United States Supreme
        activities conducted in the states' coastal zone       Court decision. Secretary of the Interior v. Cali-
        must be consistent with its coastal manage-            fornia, 464 U.S. 312 (1984), involved the De-
        ment program. As originally drafted, the act           partment of Interior's (DOI) sale of oil and gas
        provided that federal agency actions "directly         leases on the outer continental shelf of the
        affecting" a state's coastal zone must be con-         coast of California. The state of California
        sistent "to the maximum extent practicable"            notified the Interior Department that it had
        with that state's coastal management pro-              determined that one of the lease sales was an
        gram. 16 U.S.C. ï¿½1456(c)(1) (1988).                    activity that "directly affected" the California







           4.2 Mississippi Ocean Policy Study


                                      coastal zone and requested a consis-          state coastal management agencies, encour-
                                      tency determination. DOI disagreed            ages state ocean resources planning, and in-
                                      with California; when negotiations            stitutes a program that seeks to implement
                                      failed to resolve the dispute, the par-       coastal land use management measures for
                                      ties turned to litigation. The Supreme        controlling nonpoint source pollution. In ad-
                                      Court agreed w    'ith DOI and in a 5-4       dition, it amends the "federal consistency"
                                      decision ruled that oil and gas lease         provisions to overturn Secretary of the Interior
                                      sales were not activities that "directly      v. California. It establishes that any federal
                                      affect" the coastal zone within the           agency activity that takes place either "in or
                                      meaning of the CZMA, and thus are             outside the coastal zone" is subject to con-
                                      not subject to state consistency review.      sistency review if it "affect[s] any natural
                          oil              Since the Interior v. California de-     resources, land uses, or water uses in the
                                      cision, other federal agencies have           coastal zone."
                             broadly interpreted it to apply to their activi-            Federal consistency requirements will
                             ties as well. The U.S. Army Corps of Engi-             be detern-dned based upon a case-by-case as-
                             neers adopted a policy that federal consis-            sessment of whether a specific federal agency
                             tency review is not necessary for its ocean            action affects natural resources, land uses, or
                             dredging projects that take place beyond state         water u&es in a coastal zone of a state. Accord-
                             waters. In 1988, the U. S. Environmental               ing to the legislative history accompanying
                             Protection Agency (EPA) also released a draft          the new legislation, federal agencies should
                             legal opinion stating that it did not have to          construe the term "affecting" broadly, so that
                             comply with consistency provisions when                it includes both direct and indirect effects that
                             making proposed dump site designations in              are reasonably foreseeable. Although no fed-
                             waters beyond state jurisdiction. While EPA            eral agency activities are categorically exempt
                             eventually altered its position, the Corps of          from the consistency requirements, the
                             Engineers did not, provoking serious concern           President may exempt activities if they are in
                             from states with approved coastal manage-              the paramount interest of the United States.
                             ment programs and providing impetus for
                             substantial. legislative changes to the CZMA           Present Status in Mississippi
                             when it came before Congress for                            The Mississippi Coastal Program was
                             reauthorization in 1990.                               approved in 1980. Its federal consistency
                                                                                    review process is administered by the Depart-
                             Coastal Zone Reauthorization Amendments                ment of Wildlife, Fisheries, and Parks through
                             of 1990                                                the offices of the Bureau of Marine Resources
                                   The Coastal Zone Reauthorization                 (BMR). In addition to BMR, which serves as
                             Amendments of 1990, Title VL Subtitle C, Sec.          the coordinating agency and clearinghouse
                             6208, Omnibus Budget Reconciliation Act of             for the program, three additional agencies -
                             1990, Pub. L. No. 101-508 (1990), were passed          the Bureau of Pollution Control, the Bureau of
                             in the final hours of the second session of the        Land and Water Resources, and the Depart-
                             101st Congress and made major changes to               ment of Archives and History - have been
                             the CZMA. Among other measures, the new                assigned responsibilities under the approved
                             act provides additional federal funding to             coastal program to review and comment on







                                                                                             Mississippi Ocean Policy Study 4.3


         federal activities that affect the coastal area       (CZMA), the state should consider revising
         and to ensure that those activities comply            its coastal program to take advantage of the
         with coastal program goals.                           increased consistency authority granted by
              BMR is required to inform the federal            the Act. Additional provisions could be
         agency whether its proposed action is in com-         adopted that better protect the state from
         pliance with the Mississippi Coastal Program          federal activities that affect "any natural re-
         within 45 days of receiving the federal agency's      sources, land uses, or water uses in the coastal
         application. If BMR disagrees with a federal          zone." Of special concern should be the state's
         agency's consistency determination, it must           role in reviewing proposed oil and gas lease
         provide a response that describes:                    sales in offshore federal waters pursuant to
              (1) How or why the proposed activity is          the 1990 CZMA amendments.
         inconsistent with specific elements of the                 E The federal government has expressed
         Coastal Program;                                      its concern about states placing conditions on
              (2) Alternative measures, if feasible,           their federal consistency determinations.
         which could be adopted by the federal agency          When appropriate, Mississippi should con-
         to make the proposed action consistent; and           tinue to offer conditional consistency deter-
              (3) The nature and necessity of addi-            minations rather than merely affirming or
         tional information that would be necessary to         denying federal consistency requests.
         determine the consistency of the activity or               0 Mississippi should take a leadership
         development.                                          role among the states to ensure that federal
              (MississippiCoastal Program, Chap. VIII,         agencies abide by the terms and spirit of the
         Sec. IV, Part III, C(l)(d) (Rev. 1988)).              1990 CZMA amendments.
              In the event of disagreement, BMR will                E The state should carefully examine the
         use the remaining portion of the 90-day re-           kinds of federal activities that are currently
         view period, provided in 15 C.F.R. ï¿½ 930.35           taking place in the ocean area beyond state
         (d) (1990), to attempt to resolve its differences     waters to determine how these activities may
         with the federal agency.                              h'affect" the state's coastal zone. Special atten-
                 A number of federal activites are cur-        tion should be paid to dredging projects un-
         rently taking place in Mississippi coastal            dertaken by the Corps of Engineers, off-
         waters that have received or will be seeking          shore oil and gas exploration and drilling
         state consistency determinations. The most            authorized by the Minerals Management
         significant projects are probably the dredging        Service, and ocean disposal activites of the
         associated with the Navy home port in                 Environmental Protection Agency.
         Pascagoula, the deepening of the Gulfport
         Ship Channel, and the establishment of the
         proposed ocean-dredged material disposal
         site in state waters near Horn Island.


         Ocean Policy Challenges
              E In light of the new standards brought
         about by the Coastal Zone Management
         Reauthorization Amendments of 1990







          4.4 Mississippi Ocean Policy Study


                           Sources
                           Books, Rgports, and Articles

                           Archer and Bondareff, "Implementation of the Federal Consistency Doctrine," 12 Harvard
                                 Environmental Law Review 115 (1988).


                           "Coastal Zone Management Act Consistency Provisions and Designation of Ocean Dumping
                                 Sites Under Section 102(c) of Ocean Dumping Act," Memorandum from Rebecca W.
                                 Hanmer, Acting Assistant Administrator for Water, to Water Management Division
                                 Directors of Regions L II, III, IV, VL IX, and X (23 October 1989).

                           TZMA Compliance for Designation of Dredged Material Disposal Sites," Memorandum from
                                 Lawrence J. Jensen, General Counsel.. to the Acting Assistant Administrator for Water.


                           Hildreth and Johnson, Ocean and Coastal Law (1983).


                           Kalo, Coastal and Ocean Law (1990).


                           Letter from Sixty-eight members of Congress to President George Bush (30 November 1989).

                           Letter from Timothy R. E. Keeney, Director, Office of Ocean and Coastal Resources, to Brigadier
                                 General Patrick J. Kelley, Director of Civil Works for the U.S. Army Corps of Engineers
                                 (15 December 1989).


                           U.S. Army Corps of Engineers, "Dredging Guidance Letter"(19 September 1989).

                           U.S. Department of Commerce, National Oceanic and Atmospheric Administration, Office of
                                 Ocean and Coastal Resource Management, Evaluation of the Mississippi Coastal Program
                                 Covering the Period Between December 1987 through April 1990 (1990).

                           Whitney, Johnson, and Perles,"State Implementation of Coastal Zone Management Provisions:
                                 Ultra Vires or Unconstitutional?" 12 Harvard Environmental Law Review 67 (1988).


                           "Will President Bush Veto CZMA Reauthorization Amendments?", 21 Coastal Zone Management
                                 Newsletter 27 (1990).


                           Federal Statutes and Regglations


                           Coastal Zone Act Reauthorization Amendments of 1990, Omnibus Budget Reconciliation Act
                                 of 1990, Pub. L. No. 101-508.


                           Coastal Zone Management Act, 16 U.S.C. ï¿½ï¿½ 1451 et seq. (1984).







                                                                                   Mississippi Ocean Policy Study 4.5


        15 C.F.R. ï¿½ 930.35(d) (1990).


        33 C.F.R. ï¿½ï¿½ 335-338 (1990).


        136 Congressional Record H8076 (26 September 1990).

        State Statutes and RegWations


        Mississippi Coastal Program, Bureau of Marine Resources, VIII 44-48 (1988).

        Mississippi Coastal Wetlands Protection Act, Miss. Code Ann. ï¿½ï¿½ 49-27-1 et seq. (Supp. 1989).







                                                                                            Mississippi Ocean Policy Study 5.1




                                           MARINE
                                    POLLUTION






        Background                                            westerly direction of the Gulf currents, toxic
             In Mississippi, the clean ocean waters           pollutants which are introduced from the east
        and air that are vital to a healthy marine            through the Pascagoula River and Mobile Bay
        environment are continually threatened by             are readily spread over the entire Mississippi
        pollution from a variety of sources. These            coastal area.
        include direct discharge of waste materials                Regulation of 'ocean pollution is over-
        and debris directly into the ocean as well as         seen by both state and federal agencies. The
        runoff from coastal watersheds that carry             discussion below focuses on a number of the
        pollution from urban, agricultural, industrial,       specific pollution problems facing Mississippi,
        and residential areas. The effects of these           followed by a description of the federal and
        different types of pollution have been ac-            state authorities involved in trying to allevi-
        knowledged for years. Unfortunately, the              ate the ill effects of marine pollution.
        progress that has been made to control their
        role in the degradation of the state's coastal        Pollution Sources
        waters has been extremely slow and costly.            Point Source Pollution
             Susceptibility to environmental damage                Point source pollution originates from
        in Mississippi coastal waters is increased by         locations such as pipes, ditches, wells, vessels,
        the shallow depths and limited water exchange         and containers, and is referred to as "point
        within the Gulf as a whole, and the Mississippi       source pollution"because pollution from these
        Sound in particular. The fact that the average        sources come from a single, identifiable point.
        depth of the Sound is only about 15 feet,             Point sources are numerous in the Gulf of
        coupled with the presence of the barrier is-          Mexico; in fact, a total of 460 municipalities and
        lands, means that there is relatively little cir-     industries dump wastes directly into Gulf wa-
        culation and "flushing" of Mississippi coastal        ters or related estuaries. In Mississippi alone,
        waters. Furthermore, the eastern portion of           over 30 major industrial facilities discharge into
        the Sound is highly industrialized. Due to the        Gulf waters, along with municipalities, which







            5.2 Mississippi Ocean Policy Study


                              discharge primarily sewage wastes. Localized           in the state and may be derived from both
                              pollution within the vicinity of the Pascagoula        point and nonpoint sources of pollution. Pes-
                              River System, Biloxi Bay System, and the St.           ficides from agricultural runoff may become
                              Louis Bay System is of special concern.                concentrated within major watersheds and
                                                                                     eventually drain into coastal wetlands oropen
                              Non.12oint Source Pollution                            waters. Other toxic substances, such as heavy
                                    One of the most troublesome sources of           metals and organic carcinogens, are also
                              water pollution is referred to as nonpoint             present in Gulf Coast waters. Some of these
                              source pollution. This type of pollution in-           are difficult to detect and can be very long-
                              cludes such things as runoff from urban loca-          lived. For example, although it has been
                              tions, agricultural enterprises, industrial sites,     outlawed for years, DDT still persists in Gulf
                              and construction projects. Pollutants can also         Coast waters in detectable levels.
                              originate from the air (carried by rain or other            The waste stream generated by indus-
                              precipitation), septic tank systems, and over-         tries discharging directly into coastal waters
                              flows from municipal storm sewers. Waters              may include arsenic, mercury, PCBs, dioxin,
                              draining these areas contribute a variety of           and thermal pollution. Although these indus-
                              pollutants, including oils and chemicals from          tries are required to obtain permits to dump at
                              streets, rooftops, and parking lots; toxic             acceptable levels, a shortage of personnel by
                              chemicals from industrial or agricultural ac-          state regulatory agencies, coupled with the
                              tivities; and bacteria and viruses from domes-         common practice of requiring only self-f@-
                              tic sewage. Sediment which washes into                 porting by these industries, does not guarantee
                              coastal waters is also a problem because these         that these standards are always met.
                              nonpoint source discharges are sometimes                    Dioxin, one industrial chemical that is
                              toxic. Not only does this pollution signifi-           routinely discharged, deserves special men-
                              cantly affect the open waters of the Gulf, it          tion. According to the EPA, dioxin is among
                              also is responsible for the degradation of cru-        the most potent animal carcinogens ever
                              cially important wetland areas.                        tested. The most potent form of dioxin is a by-
                                   A recent study released by the U.S. Envi-         product of bleach kraft pulp mills, and can
                              ronmental Protection Agency (EPA) deter-               also be found in association with certain pe-
                              n-dned that nonpoint sources of pollution were         troleum refinery processes. Both of these
                              more significant sources of pollution than             industrial activities are found on tributaries of
                              point sources for all areas of the country except      rivers emptying into the Mississippi Sound,
                              the Northeast. In Mississippi, as in other             and dioxin has been located in high concen-
                              states, the problem is one of the state's biggest      trations downstream of these sites. Because of
                              challenges. Nonpoint sources are the primary           the apparent high rate of dioxin pollution,
                              pollution contributor in many estuarine areas          state regulatory agencies and the federal gov-
                              that would otherwise be suited for swim-               ernment have recently made the detection of
                              ming, fishin& or the propagation of healthy            dioxin a priority.
                              marine life.
                                                                                     MuniciWl Waste
                              Toxic Materials and Industrial Waste                       Sewage runoff from Gulf Coast commu-
                                   Toxic pollutants are also a major concern         nities that rely primarily on septic tanks has







                                                                                            Mississippi Ocean Policy Study 5.3


         been a persistent and costly problem. Most of        products. These substances are routinely
         the major shellfish harvesting areas in Missis-      pumped or manually thrown overboard, and
         sippi coastal waters have been designated either     collectively contribute to the degradation of
         "conditionally approved" or "restricted" due to      marine waters. The cumulative environmen-
         elevated fecal coliform levels in urban rLmoff       tal effects of these discharges are exacerbated
         from these unseweredcommunities. Although            when ships are in or near ports where ship,
         laudable efforts by some coastal communities         barge, tanker, and recreational boating traffic
         to improve sewage collection and treatment           is greatest and water circulation is minimal.
         in recent years has led to a significant reduc-           Oil platform discharges include efflu-
         tion of fecal coliform levels, the present levels    ents, drilling muds, oils, diesel fuel, and
         still exceed acceptable standards.                   gasoline. These various pollutants may seem
              In addition to the problems caused by           insignificant, but the high concentration of oil
         septic tanks, several municipalities discharge       production activity in the northwestern Gulf,
         treated wastewater through outfall pipes di-         and heavy tanker traffic along the Mississippi
         rectly into the Gulf. Municipal sewage trans-        Coast has a cumulatively deleterious effect on
         ports nitrogen, phosphorus, detergents, oils,        Mississippi's water quality.
         grease, lead, chromium, floatable material,
         and disease-causing pathogens to the outfall         Marine Debris
         area. A further threat is imposed when the                Although all marine debris is unsightly
         sewer systems reach capacity and effluents           and unpleasant, it is those kinds of litter that
         are routed through outfall pipes without             do not readily degrade-in particular plastics,
         proper treatment.                                    styrofoam, and glass-that pose the greatest
              Municipal runoff and agricultural run-          threat to marine life. This litter enters the
         off are often nutrient-rich and significantly        ocean waters via dumping by military, mer-
         affect the oxygen balance in the marine envi-        chant, and commercial fishing vessels, off-
         ronment. The elevated nitrogen levels deplete        shore drilling operations, recreational boat-
         oxygen, rendering broad areas of coastal wa-         ers, sportsfishermen, and cruise ships. Rivers
         ters and coastal wetlands generally unpro-           bring debris from upland areas into Gulf wa-
         ductive. These nutrient-rich waters may also         ters, and litter is also left by beach visitors.
         cause the proliferation of marine algae and          Globally, over 14 billion pounds of trash is
         plant life. These marine organisms are cycled        generated at sea each year.
         through the marine food web, generating large             Plastic debris is the most troublesome of
         masses of particulate matter. This particulate       all marine litter. It does not readily break
         matter sinks to the seafloor and decomposes,         down and it has accumulated for more than
         further depleting the available oxygen supply        two decades. Plastic fishing nets,
         that is necessary for a vital ecosystem.             monofflament fishing line, plastic packing
                                                              bands, and plastic six-pack beverage holders
         Discharges from Ships and Oil Platforms              have accumulated in such great numbers that
             Discharges from ships or oil platforms           they have become a serious hazard to marine
         may be intentional or accidental. Vessel dis-        fife. Each year an estimated two n-dlhon sea
         charges include fouled water, sewage, oil,           birds, 100,000 sea mammals, and countless
         gasoline, food, and seafood industry by-             fish die from entanglement in plastic debris.







          5.4 Mississippi Ocean Policy Study



                                                 E)                                              *MOO %0
                                                                                                 E*           op (, De Eo


                                C% C% cl           C% C%        cl      C%     C@    C)     C)     C)           C1     G)


                                 A recent inventory of the trash found                           1W                  1
                           along the United States' beaches found that
                           plastics comprised 62 percent of all trash col-
                           lected. The beaches of Mississippi, Louisiana,
                           and Texas had more trash per mile of beach
                           than any other states in the country. Gulf
                           states have a greater concentration of debris                                                      M.zo'
                           than other coastal regionsbecause of the heavy
                           maritime traffic within the Gulf, coupled with
                           limited oceanic mixing and circulation of its
                           waters. In 1989,1,760 volunteers collected an
                           estimated 31 tons of trash from approximately
                           100 miles of Mississippi beaches and shorelines.
                           Ocean Dumpin                                                                  MEXICO
                                 For years the oceans were used as a con-
                           venient disposal site for a variety of wastes.                 DREDGE DUMP SITE
                           However, by the late 1960s, it had become
                           apparent that dumping wastes in the oceans
                                                                                                                          2    3
                           was not necessarily without adverse conse-           F30' 10'                           as-, 30!   30. 10,1
                           quence. As a result of serious public concern
                           about the problem, dumping of waste materi-           Figure 5.1. Proposed Pascagoula Ocean
                           als has been strictly curtailed, and any dump-        Dredged Material Disposal Site. [Source: Draft
                           ing that is allowed is closely regulated by the       Environmental Impact Statement for the Des-
                           federal government.                                   ignation of an Ocean Dredged Material Dis-
                                 The U.S. Army Corps of Engineers                posal Site Located Offshore Pascagoula, Mis-
                           (Corps) is responsible for conducting and per-        sissippi. EPA, (July 1990)]
                           mitting dredge projects designed to enhance
                           navigability of the nation's waters. Even             rence off the Mississippi coast.
                           though the Mississippi Sound is quite shal-               There are a number of major dredging
                           low, it bears a heavy commercial maritime             projects currently taking place along the
                           traffic load, including deep-draft ships. Thus,       Mississippi coast. Of greatest significance is
                                         V,    _V1          14F


                                                 1"W
                                                 _2I






































                           dredging and offshore disposal of dredge ma-          dredging associated with the Navy's devel-
                           terials have always been a common occur-              opment of Singing River Island near







                                                                                           Mississippi Oceam Policy Study 5.5


        Pascagoula as a new home port and the deep-          (1988), is the most important federal act cov-
        ening of the Gulfport Ship Channel from 34           ering water pollution in the United States, and
        feet to 38 feet. Dredge material from channels       continues to evolve through numerous
        is deposited in various disposal sites, includ-      amendments. The act creates a dual system
        ing open water sites in Mississippi Sound and        for monitoring the quality of the nation's wa-
        in upland sites adjacent to the channel. Be-         ters, including marine waters. It establishes
        cause of the capacity at some of the sites, a        water use categories and delineates accept-
        special state-federal task force was formed in       able water quality standards for those catego-
        1984 which initiated a long-range dredge             ries. An additional program creates a permit-
        material development plan for the Port of            ting system for establishing uniform national
        Pascagoula. The plan included measures to            pollution standards for effluent discharges
        allow uncontaminated spoils to be disposed           from point sources. Known as the National
        of in the deep Gulf, while toxic spoils could        Pollution Discharge Elimination System
        continue to go to upland disposal sites. In July     (NPDES), this program makes it the responsi-
        1990, EPA proposed to designate an area              bility of individual states to formulate and
        within state waters located approximately 1.5        administer their own NPDES programs upon
        nautical miles southeast of Horn Island and          approval by the EPA. (More on the state
        14 nautical miles south of the mainland as an        NPDES program follows.)
        ocean-dredged material disposal site. Use of              Section 404 of the Clean Water Act, 33
        the new site would be restricted to disposal of      U.S.C. ï¿½ 1344 (1988), regulates dredge and fill
        dredged material from the Mississippi Sound          activities. Jointly administered by EPA and
        area that meets the ocean dumping criteria set       the Corps of Engineers, this program estab-
        by federal regulation (40 C.F.R. ï¿½ 228) (1990).      lishes a permitting procedure for the discharge
        (See figure 5.1.)                                    of any dredge material into waters of the
                                                             United States.
        Government Response to Pollution
        Federal RegLilation of Marine Pollution              Marine Plastic Research and Control Act of
             While much of the pollution affecting           1987
        Mississippi waters is generated within state              The Marine Plastic Research and Control
        borders, the scope of the problem goes be-           Act of 1987,33 U.S.C. ï¿½ï¿½ 1901 et seq. 0 988), was
        yond the state, and is of national and even          implemented by Congress pursuant to Annex
        international concern. At the federal level, the     V of the Protocol of 1978 Relating to the In-
        government has initiated a number of laws,           ternational Convention for the Prevention of
        policies, and programs designed to address           Pollution from Ships (MARPOL). The Act
        the problem of marine water quality. The             requires EPA to regulate what had become a
        following describes federal governmental ac-         severe marine plastics problem-requiring
        tions regarding control and abatement of             the cessation of disposal of plastics at sea and
        marine pollution.                                    imposing civil fines upon violators. The Act
                                                             requires the Department of Transportation to
        Clean Water Act                                      ensure that garbage receptacles are available
             The Federal Water Pollution Control Act         at port for discarding plastics. Furthermore,
        (Clean Water Act), 33 U.S.C. ï¿½ï¿½ 1251 et seq.         shipowners must post placards warning crews







           5.6 Mississippi Ocean Policy Study


                             not to dumpplastics and must keep a logbook         Coastal Zone Management Act of 1972
                             of all garbage dumpings. All vessels are man-       (CZMA), 16 U.S.C. ï¿½ï¿½ 1451 et seq. (1988). The
                             dated to comply with this law, with the excep-      CZMA is an effort to promote cooperative
                             tion of military and other "publi4f ships, which    planning between the states and the federal
                             are not required to come into compliance with       government, and offers states the opportu-
                             the ban on plastics dumping until 1994.             nity to develop federally approved state
                                  In the international arena, the United         coastal management plans in return for finan-
                             States has been actively pursuing a "special        cial support from the federal government,
                             area" designation for the Gulf of Mexico un-        along with the promise that any federal activi-
                             der Annex V of MARPOL. Under the                    Aies conducted in a state's coastal zone will be
                             MARPOL treaty, a special area is defined as a       consistent with its approved management
                             "sea area where for recognized technical rea-       plan. Both EPA and the Corps have argued
                             sons in relation to its oceanographical and         that the ODA preempts the CZMA and its
                             ecological condition and to the particular          consistency requirements. As a result of the
                             character of its traffic the adoption of special    1990 amendments to the Coastal Zone Man-
                             mandatory methods of prevention of sea              agement Act, this issue should now be re-
                             pollution by garbage is required." In an An-        solved. According to the new legislation,
                             nex V special area all dumping of solid wastes      consistency requirements of the Coastal Zone
                             is prohibited.                                      Management Act apply to all federal agency
                                                                                 activities - presumably this includes Corps
                             Marine Protection, Research, and 5anctuaries        and EPA activities under the ODA. (For a
                             Act of 1972                                         detailed discussion of the federal consis-
                                  In response to calls for restrictions of       tency provisions, see chapter 4.)
                             materials being dumped into the ocean,
                             Congress passed the Marine Protection, Re-          Clean Air Act
                             search, and Sanctuaries Act of 1972 (MPRSA),             The Clean Air Act of 1977, 42 U.S.C.
                             33 U.S.C. ï¿½ï¿½ 1401 et seq. (1988). The portion of    7401 et seq. (1988) provides the legal frame-
                             this legislation that deals with ocean dump-        work for the establishment and maintenance
                             ing is referred to as the Ocean Dumping             of air quality standards for the United States.
                             Act(ODA). It establishes a permitting system        Under the Act, EPA is mandated to set air
                             under which dumping is regulated by the             quality standards and to develop and imple-
                             EPA and the Corps of Engineers.                     ment programs designed to achieve those
                                  EPA sets the criteria for evaluation of all    standards. The Clean Air Act was substan-
                             permit applications and is the permitting           tially amended in 1990. Included in those
                             agency for transportation of nondredge mate-        amendments was a measure moving respon-
                             rials for the purpose of dumping. The Corps         sibility for offshore oil rig emissions from
                             is responsible for granting permits for dump-       MMS to EPA for every region except the Gulf
                             ing dredge materials, using the criteria for-       of Mexico. For the Gulf, OCSLA is still the
                             mulated by EPA and subject to its review            operative act, with MMS responsible for
                             authority.                                          monitoring of air quality of offshore drilling
                                  Controversy has recently arisen regard-        operations.
                             ing the relationship between the ODA and the







                                                                                         Mississippi Ocean Policy Study 5.7


        Oil Pollution Control Act of 1990                   Quality's Bureau of Pollution Control (BPC).
             In response to growing concerns over           The bureau is charged with carrying out the
        the threat of oil spills, Congress passed, and      mandates of the federal Clean Water Act and
        the president signed into law, the Oil Pollu-       is also responsible for implementing state leg-
        tion Act of 1990, P.L. 101-380 (1990). Among        islation.
        other things, the new oil spill prevention law           The Bureau of Pollution Control is or-
        requires tanker and tank barge operators to         ganized into the following divisions: theWater
        phase in use of double hulls on their vessels.      Quality Management Branch, the Water
        Other measures include crew manning stan-           Quality Monitoring Branch, the Municipal
        dards, vessel traffic management systems, and       Construction Branch, the Municipal Permit
        alcohol and drug testing for personnel. A           Compliance Branch, the Industrial Wastewa-
        comprehensive scheme for spill response is          ter Control Branch, and the Commercial Con-
        created, and provisions for liability and dam-      trol Branch. The Water Quality Management
        ages are included. (For a discussion of the         Branch conducts the state's nonpoint source
        issue of oil spills, and the regulatory response    control program, and the Industrial Waste-
        to the problem by the federal government and        water Control Branch oversees state and
        the state of Mississippi, see chapter 7).           federal permitting of wastewater discharge,
                                                            including the National Pollution Discharge
        Coastal Zone Management Act                         Elimination System (NPDES). (SeeTable5.1.)
             In addition to requiring consistency de-       The Emergency Branch is responsible for the
        terminations for federal activities such as         cleanup of any hazardous substance spills,
        disposal of dredge material, the Coastal Zone       including oil spills. (For a discussion of oil
        Act Reauthorization Amendments of 1990,             spills, see chapter 7.)
        P.L. 101-508 (1990), included a new program              To control point source pollution and
        aimed at addressing the problem of nonpoint         meet the requirements of the NPDES, BPC has
        source pollution. The Coastal Non-Point             divided discharge permits into municipal, in-
        Pollution Control Program requires coastal          dustrial, commercial, and domestic catego-
        states to develop programs to protect their         ries. In Mississippi, there are currently 1,730
        waters from nonpoint source pollution, and          NPDES permits in force. Of these, 350 are
        authorizes grant money for this objective. The      municipal (20 percent), 530 are industrial (31
        new programs are to be coordinated with             percent), and 850 are commercial permits (49
        state and local water quality plans developed       percent).
        under the Clean Water Act. If states fail to             Federal water quality standards pro-
        submit approvable plans by 1996, funds from         mulgated by EPA have been adopted in Mis-
        their CZMA and Clean Water Act grants will          sissippi. Applicants must apply for a permit
        be withheld.                                        at least 180 days before beginning a regulated
                                                            activity. BPC will make a preliminary deter-
        State Regulation of Marine Pollution                mination and develop a draft permit based on
        Water Quality                                       this determination. The draft permit will be
             Within the state of Mississippi most wa-       forwarded to the applicant prior to offering
        ter pollution control and abatement is carried      the permit for public comment. After the
        out by the Department of Environmental              public participation requirements are fulfilled,







           5.8 Mississippi Ocean Policy Study


                             the bureau will either issue or deny the per-        Gulf of Mexico.
                             mit.                                                      0 Thestate should continue to make efforts
                                  If the applicant proposes to discharge          to promote public awareness of the harmful
                             dredged material into state waters, a Corps          effects of marine litter, and to foster citizen
                             section 404 permit is also required- The Corps       participation in activities such as beach clean-
                             will not issue a permit unless it receives a         ups.
                             state Water Quality Certification from BP (C              E Mississippi should encourage citizen
                             An application for water quality certification       involvement regarding the use and disposal
                             is automatically made when submitting a              of hazardous materials such as motor oil,
                             permit application to the Corps.                     paint, household cleaners, antifreeze, brake
                                  Control of nonpoint source pollution in         and transn-dssion fluid, and pesticides. Con-
                             the Mississippi Gulf Coast area has been aided       servation efforts should be promoted and local
                             in recent years by the installation of new           civic recycling and disposal centers estab-
                             sewer systems and the upgrading of existing          lished to facilitate proper disposal.
                             systems. Despite the decline of Mississippi's             0 The state should reexamine funding of
                             oyster reefs and the unacceptable bacterial          state marine resource agencies to ensure that
                             pollution levels in some areas, the reversal of      they have the capability to monitoradequately
                             this trend seems possible.                           the quality of the state's marine waters. Spe-
                                                                                  cial attention should be given to an extensive
                             Marine Litter                                        sampling program to test for the appearance
                                  Mississippi was the first state to enact        of carcinogens and heavy metals in Gulf Coast
                             state legislation adopting the mandate of            finfish and shellfish.
                             Annex V of MARPOL. The Mississippi Ma-                    N The state should strictly enforce all
                             rine Litter Act of 1989, Miss. Code Ann. ï¿½ï¿½ 51 -     regulations governing unnecessary vessel dis-
                             2-1 et seq. (1990), makes it unlawful for any        charges.
                             vessel, large or small, to discharge any type             E Mississippi should place high priority
                             of plastic, including synthetic ropes, fishing       on developing and implementing a statewide
                             nets, garbage bags, and other packing- mate-         nonpoint source pollution plan as required by
                             rials, into the state's marine waters. All mari-     the 1990 Amendments to the CZMA.
                             nas or other access areas are required to have            E The Bureau of Pollution control should
                             proper disposal facilities. Violations are pun-      seek to develop a storm water permit and
                             ishable by fines or license revocation, and the      regulatory plan.
                             Mississippi Department of Wildlife, Fisher-               0 The Bureau of Marine Resources
                             ies, and Parks is authorized to issue regula-        should actively enforce compliance with the
                             tions and to enforce the act.                        CZMA consistency provisions for all federal
                                                                                  agency activities within the state's ocean area.
                             Ocean Policy Challenges                                   NMississippi should implement im-
                                   0 Mississippi should work with EPA's           proved siting standards, backup facilities, and
                             Gulf of Mexico Program and other regional            emergency procedures for municipal and in-
                             organizations to develop and implement a             dustrial ocean outfalls to protect the quality of
                             Gulfwide marine environmental quality moni-          the state's marine waters, shellfish harvest
                             toring program and to publish an atlas of the        areas, recreational resources, and critical habi-







                                                                                   Mississippi Ocean Policy Study 5.9



        tat areas.
            0 The state should support the designa-
        tion of the Gulf of Mexico as a special area
        under Annex V of MARPOL.
            N Mississippi's Marine Litter Act should
        be rigorously enforced. Efforts should be
        made to ensure that its mandates are contin-
        ued through reauthorization of the current
        legislation.







         5.10 Mississippi Ocean Policy Study




                                         Table 5.1. The Major Operating Branches for Water Quality
                                             Oversight Within the Bureau of Pollution Control


                          Branch                                       Function
                          Water Quality Management                     Nonpoint Source Program
                                                                       Water Quality Standards
                                                                       Dredge and Fill Certification
                                                                       Clean Lakes Program

                          Water Quality Monitoring                     Water Quality Sampling
                                                                       Wastewater Modeling

                          Municipal Construction                        Engineering, Technical, and
                                                                          Administrative Review of
                                                                          Municipal Wastewater Facilities

                          Municipal Permit Compliance                  Oversight of Compliance and
                                                                          Enforcement of Wastewater
                                                                          Treatment Permits


                          Industrial Wastewater Control                Pretreatment Program
                                                                       State Operating Permit Program
                                                                       NPDES Oversight

                          Commercial Control                           Regulation of Privately Owned
                                                                          Facilities With Sewage
                                                                         Collection and Treatment
                                                                         Facilities


                          Emergency Branch                             Oil and Hazardous Substance Spills
                                                                       General Emergency Response







                                                                                 Mississippi Ocean Policy Study 5.11


       Sources
       Books, Rgports, and Publications

       Bakalian,'Tegulations and Control of United States Ocean Dumping. A Decade of Progress, An
             Appraisal for the Future," 8 Harvard Environmental Law Review 193 (1984).

       Bureau of Marine Resources, "Dredge Spoil Finds A Home," 2 Mississippi Soundings I (Summer
             1990).


       Capuzzo, "Effects of Wastes on the Ocean: The Coastal Example," 33 Oceanus 39 (Summer
             1990).


       Christie, "Florida's Ocean Future: Toward a State Ocean Policy," 5 Journal of Land Use and
             Environmental Law 447 (1989).


       Conner, "Ocean Waste Disposal: Policy and Ethical Choices," 7 Water Log 9 (Summer 1987).

       Curtis, "Protecting the Oceans," 33 Oceanus 19 (Summer 1990).

       Engler, "'Managing Dredged Materials,," 33 Oceanus 63 (Summer 1990).

       Environmental Protection Agency, "Designation of the Gulf of Mexico as a Special Area under
             MARPOL Annex V" (1989).


       Environmental Protection Agency, "Draft Environmental Impact Statement for the Designa-
             tion of an Ocean Dredged Material Disposal Site Located Offshore Pascagoula, Missis-
             sippi," (1990).

       Hoffmeyer, "Ocean Dumping Provisions of the Convention on the Law of the Sea," 11 Brooklyn
             Journal of International Law 355 (1985).

       Hollister, "Options for Waste: Space, Land, or Sea?" 33 Oceanus 13 (Summer 1990).

       Howorth, "U.S. An-ny Corps of Engineers'Ocean Dredging Policy and Its Relationship with the
             Coastal Zone Management Act." forthcoming in Proceedings of 12th International Confer-
             ence of the Coastal Society (1990).

       Jacobs, "'Ocean Dumping Act,"' 2 Water Log 6 (Winter 1982).

       Kindt, "'Ocean Dumping" 13 Denver Journal of International Law and Policy 335 (1984).







          5.12 Mississippi Ocean Policy Study


                          Lytle and Lytle, NEssissippi-Alabama Sea Grant Consortium's Pollutant Transport in
                                Mississippi Sound (1985).

                          Mississippi Department of Environmental Quality, Bureau of Pollution Control, Mississippi
                                Water Quality Report 1990 (1990).

                          O'Dell, "Plastics in the Marine Environment: A Growing Problem," 7 Water Log 11 (Spring
                                1982).


                          O'Hara, Iudicello, and Bierce, A Citizen's Guide to Plastics in the Ocean: More Than a Litter
                                Problem (1988).


                          Oregon Ocean Resources Management Task Force and Ocean Resources Management
                                Program, Oregon Ocean Resources Management Plan (1990).

                          "Recent Legislation: Marine Litter," 9 Water Log 13 (Spring 1989).

                          Schultz, "Sludge and the 'Not in My Ocean Syndrome'," 8 Water Log 18 (Summer 1988).

                          "Summaries: Rivers and Harbors Act," 2 Water Log 12 (Winter 1982).

                          U.S. Department of the Interior, Nfinerals Management Service, Gulf of Mexico Update, May
                                1988-july 1989 (1989).

                          Wecker, "New Federalism Ships Out to Sea: Controlling Pollution from Vessels,"' 6 Water
                                Log 19 (Fall 1986).

                          Zeppetello, "National and International Regulation of Ocean Dumping: The Mandate to
                                Terminate Marine Disposal of Contaminated Sewage Sludge," 12 Ecology Law
                                Quarterly 619 (1985).

                          Federal Statutes and Reggktions


                          Applications for Ocean Dumping Permits, 40 C.F.R. ï¿½ 221 (1990).

                          Clean Air Act Amendments of 1977,42 U.S.C. ï¿½ 7401 et seq. (1988).

                          Clean Water Act, 33 U.S.C.A. ï¿½ï¿½ 1201 et seq. (West 1986 and Supp. 1988).

                          Coastal Zone Management Act of 1972 (CZMA), 16 U.S.C. ï¿½ï¿½ 1451 et seq. (1988).







                                                                                Mississippi Ocean Policy Study 5.13


       Marine Plastic Research and Control Act of 1987,33 US.C. ï¿½ï¿½ 1901 et seq. (1988).

       Marine Protection Research and Sanctuaries Act, 33 U.S.CA. ï¿½ï¿½ 1401 et seq. (West 1986 and
             Supp. 1988)

       National Pollutant Discharge Elimination System, 33 U.S.C.A. ï¿½ 1342 (West 1986 and Supp.
             1988).
       Ocean Dumping Regulations, 40 C.F.R. ï¿½ 220 (1990).

       Ocean Outfall Permit Guidelines, 40 C.F.R. ï¿½ï¿½ 122,125 (1990).


       Oil Pollution Control Act of 1990, P.L. 101-380 (1990).


       Rivers and Harbors Act of 1899,33 U.S.C.A. ï¿½ 407 (West 1986).


       U.S. Army Corps of Engineers Regulations, 33 C.F.R. ï¿½ï¿½ 320-328 (1990).

       53 Federal Register 14902, Operation and Manufacture of Corps Civil Works Projects
             Involving Discharge of Dredged Materials (26 April 1988).

       State Statues and RegWations


       Coastal Wetlands Protection Act, Miss. Code Ann. ï¿½ï¿½ 40-27-1. et seq. (1990).

       Department of Environmental Quality Creation Act, Miss. Code Ann. ï¿½ï¿½ 49-2-1 et seq. (1990).

       Mississippi Air and Water Pollution Control Act, Miss. Code Ann. ï¿½ï¿½ 49-17-1 et seq. (1990).

       Water Rights Act, Miss. Code Ann. ï¿½ï¿½ 51-3-1 et seq. (1990).







                                                                                            Mississippi Ocean Policy Study 6.1



                                      OFFSHORE
                                        MINERAL
                                    RESOURCES




        Background                                            of onshore support facilities. However, many
              Mineral production in the Gulf of Mexico        warn that this economic windfall must be
        consists primarily of oil and gas develop-            carefully considered in light of the environ-
        ment. The first successfully producing well in        mental threat that energy developmentbrings.
        the Gulf of Mexico was drilled in 1937 and the        The risk extends not only to the fragile areas of
        Gulf has since become the most active area in         the Mississippi Sound, the barrier island sys-
        the world for offshore oil and gas activities.        tem, and into federal waters, but also to the
        Most of that activity has been off the shores of      nearshore environment, because of increased
        Texas and Louisiana; fewer than 50 wells have         population and industry-related pressures.
        been drilled in Alabama and Florida, and only a            This chapter discusses the federal and
        handful have been drilled in Mississippi.             state regulatory scheme for offshore oil and
              Nevertheless, offshore oil and gas pro-         gas leasing, development, and production.
        duction is an important issue for the state.          The chapter also briefly discusses issues sur-
        Even though there has not been a great deal of        rounding ocean pipelines and activities and
        activity off the Mississippi coast, the state has     regulations associated with hard minerals
        historically welcomed the development of oil          n-dning, another resource recovery effort con-
        and gas resources in its territorial waters and       ducted off the Mississippi coast.
        related federal waters. State leaders are at-
        tracted by the potential receipt                                      Federal Leasing and Devel-
        of revenues and royalties for                                         opment Program
        the development of the state s                                 0            In the early 1940s as oil
        resources. Business and indus-                                        and gas reserves began to be
        try leaders are attracted by the                                      identified offshore and tech-
        economic boost associated with                                        nology was developed to ex-
        increased employment oppor-                                           ploit those reserves, interest in
        tunities and the development                                          offshore development grew







            6.2 Mississippi Ocean Policy Study


                               rapidly. To assure that other nations would              million acres. Of that number, over 10, 380
                               not develop petroleum off United States                  tracts have actually been leased, for a total of
                               shores, President Truman issued a proclama-              about 53 million acres. In 1989, 5,228 of the
                               tion in 1945 stating that the United States had          6,367 leases in existence were in the Gulf of
                               exclusive jurisdiction over the resources of             Mexico. Oil and gas production in this coun-
                               the continental shelf. This resulted in a lengthy        try has amounted to 107,244,842 billion bar-
                               dispute between the federal government and               rels of oil and 605,653,640 cubic feet of gas. As
                               the states, which claimed that they were the sole        of 1989, approximately 89 percent of this
                               owners of the resources on the floor of the three-       production was from federal leases in the
                               mile territorial sea.                                    Gulf of Mexico.
                                     In 1947, the United States Supreme Court
                               agreed with the federal government and held              The Leasing Program
                               in United States v. California, 332 U. S. 19 (1947),          The federal OCS leasing program is con-
                               that it had exclusive rights to continental shelf        ducted by the Department of Interior's Min-
                               resources, including those within the three-             erals Management Service (MMS). It is a
                               mile territorial sea. However, in 1953 Con-              complex program and is only generally
                               gress responded to that decision, by passing             summarized in the following discussion. The
                               the Submerged Lands Act (SLA), 43 U. S. C.               oil and gas leasing program was extensively
                               ï¿½ï¿½1311 et seq. (1988), which divided the off-            amended in 1978 to incorporate a number of
                               shore seabed area between the federal gov-               environmental safeguards and to create a role
                               ernment and the states. The states were                  for state participation in OCS planning and
                               granted control of the area from their coast-            development. The leasing and development
                               lines out to three miles (for historical reasons,        process has four stages: (1) pre-leasing, (2)
                               the limit for Texas and Florida is three leagues         leasing, (3) exploration, and (4) development
                               or 10.35 miles). The area beyond the three-              and production.
                               mile limit came to be known as the Outer                      In the pre-leasing phase, MMS is charged
                               Continental Shelf, which remained in the con-            with the preparation of five-year schedules of
                               trol of the federal government.                          proposed lease sales (Commonly referred to
                                    Several months after passage of the SLA,            as the "five-year plan"). This plan must indi-
                               Congress enacted the Outer Continental Shelf             cate as precisely as possible the location, size,
                               Lands Act (OCSLA), 43 U.S.C. ï¿½ 1331 (1988),              and timing of lease sale activities. To facilitate
                               to establish a federal regulatory scheme over            planning and preparation of the program, the
                               use of natural resources located on submerged            OCS has been divided into 26 planning areas
                               lands beyond the limit of state jurisdiction.            (see figure 6.1). Mississippi is in the Central
                               Pursuant to the OCSLA, the Department of                 Gulf of Mexico planning area.
                               Interior (DOI) was charged with encouraging                   To determine which lands will be leased
                               discovery and development of offshore pe-                for exploration and production of oil and gas,
                               troleum resources through the creation of a              MMS generally uses data from state geologi-
                               leasing program.                                         cal surveys and the United States Geological
                                    Since the beginning of the program the              Survey to determine the candidate areas for
                               federal government has offered approximately             lease sales. Once the candidate areas are
                               127, 585 tracts for lease, constituting over 695         selected, MMS solicits comments from indus-







                                                                                            Mississippi Ocean Policy Study 6.3


       try, private individuals, state agencies, and               In general, Mississippi's policy regarding
       local governments. A draft environmental               OCS oil and gas development off its coast has
       impact statement is then prepared and is sub-          been that the state does not oppose such devel-
       ject to comment by interested parties. These           opment as long as assurances can be made that
       comments are considered and the final envi-            the state's sensitive and important coastal and
       ronmental impact statement is then written.            marine areas will not be harmed. This is not
             Under the OCSLA, the Secretary of the            the view of all coastal states, many of which
       Interior must provide notice and copies of             have unequivocally expressed opposition to
       proposed lease sales and of proposed explo-            any OCS development off their shores. In
       ration, development, and production plans to           fact, so much opposition to offshore drilling
       the governors of affected states, and must             has been raised recently that in the summer of
       accept the timely recommendations of a                 1990 President Bush announced a decision to
       governor on lease sales if he determines that          ban drilling activities in most of OCS, except
       the recommendations provide a "reasonable              for the Gulf of Mexico and Alaska, until the
       balance between the national interest and the          year 2000. This was followed by congres-
       well-being of the citizens of the affected state."     sional action imposing a one-year ban on drill-
       The secretary must explain to the governors,           ing on more than 84 million acres of the OCS.
       in writing, the reason for his decision to grant       While. Mississippi has not seen much activity
       ordeny the governorsrequested modifications.           off its coast, with narrowing options for off-
             Provision for state input into the pro-          shore drilling and an unstable situation in the
       gram comes not only from the OCSLA but                 Middle East it is likely that interest in devel-
       also from the Coastal Zone Management Act              opment off Mississippi will increase.
       (CZMA), 16 U.S.C. ï¿½ï¿½ 1451 et seq. (1984). Un-
       der the CZMA, states having a federally ap-            OCS Revenues
       proved coastal zone management program                      Revenues from OCS leasing include any
       may review federally permitted activities to           bonuses, rents, and royalties, all of which are
       ensure that they are consistent with the state         deposited directly into the United States Trea-
       program. This review is available at the ex-           sury. From 1954 to 1988, the federal govern-
       ploration and development stages, and, with            ment has received over $54 billion in bonuses,
       the passage of 1990 amendments to the CZN1A,           $621 million in rents, and $35 billion in royal-
       at the leasing stage. (For a discussion of issues      ties from OCS oil and gas activities. Other
       surrounding federal consistency under the              than federal income tax, no other source pro-
       CZMA, see chapter 5.)                                  vides as much revenue for the country as that
             The Mississippi Coastal Program ac-              produced by OCS oil and gas activities.
       knowledges its authority under the CZMA to                  There is no real sharing of revenues re-
       review OCS oil and gas activities for consis-          ceived from OCS activities between the fed-
       tency with the state's coastal management              eral government and the states. Unlike on-
       program. Department of Interior pre-lease              shore federal leasing activities on federally
       sale "'activities," suchas determination of tracts     owned land, coastal states receive no direct
       to be offered and choice of lease sale stipula-        monies from federal OCS lease activities. They
       tions, are subject to consistency determina-           do not share in the royalties, impose sever-
       tion, as are the other stages of development.          ance taxes, or receive payments to mitigate







            6.4 Mississippi Ocean Policy Study


                               the impact of leasing activities. Although            8(g) money is used by the Department of
                               there have been several attempts in Congress          Education. For example, in 1990,$2,000,000.00
                               to address the problem of revenue sharing, no         was spent for textbooks. A small amount is
                               bills have been successful.                           spent by DEQ to cover administrative costs
                                    One mechanism does exist to provide              incurred for regulating and permitting proce-
                               states with a claim to a share of revenues.           dures. The amount of the remaining alloca-
                               Section 8(g) of the OCSLA provides that states        tion is two percent of the section 8(g) interest
                               may claim 27 percent of revenues if a federal         made to the Department of Wildlife, Fisher-
                               lease is within three miles of the territorial sea    ies, and Parks. This money is placed in the
                               boundary and if drilling may tap into a re-           Gulf and Wildlife Protection Fund. Of the
                               source pool that Res under both federal and           amount in the fund, one percent goes to DWFP`
                               state lands. Receipt of these funds is not truly      for oil spill cleanup, and one percent goes to
                               revenue sharing, but rather compensation for          the Comn-dssion on Wildlife, Fisheries, and
                               recovery of state-owned resources.                    Parks for land acquisition. As of early 1991,
                                    Since 1980, Mississippi has received             the total amount of section 8(g) funds placed
                               $10,483,356.46 in section 8(g) funds for leases       in the Gulf and Wildlife Protection Fund was
                               within three miles of the state boundary.             only $389,000.00. While the Commission has
                               However, the recent reliance upon inexpen-            spent approximately $100,000.00 in a land
                               sive imported oil has resulted in diminished          acquisition contract with the Nature Conser-
                               production of Gulf Coast oil. The falling level       vancy, money allocated for oil spill abatement
                               of activity in the Gulf produced only                 has never been spent.
                               $171,686.23 in payments from the DOI in 1989               It should be noted that Mississippi has
                               and $194,462.66 in 1990(see figure 6.2).              not had a firmly established federal-state
                                    Mississippi currently uses section 8(g)          boundary, a fact that has been the subject of
                               funds for three purposes, following guide-            great debate between the federal government
                               lines established by state law that govern how        and the State of Mississippi. Since the Central
                               monies received from oil and gas activities in        Gulf of Mexico contains an estimated average
                               state waters can be spent. Miss. Code Ann.            of 3.82 billion barrels of undiscovered, eco-
                               ï¿½29-7-3 (1990). Under that directive, the sec-        nomically recoverable oil and 37.66 trillion
                               tion 8(g) money is invested, and the interest is      cubic feet of natural gas within 45 million
                               transferred to the Department of Education,           acres of submerged federal lands, the location
                               the Department of Wildlife, Fisheries, and            of the federal-state boundary, as well as the
                               Parks, and the Department of Environmental            boundaries between Mississippi and its
                               Quality.                                              neighboring Gulf states, could be crucial to
                                    The majority of the accumulated section          determining Mississippi's share of OCS rev-
                                                                                     enues. However, the dispute has recently
                                                                                     been resolved. On November 5, 1990, the
                                                                                     United States Supreme Court approved a joint
                                                                                     resolution from Mississippi and the federal
                                                                                     government settling a dispute over control of
                                                                                     natural resources in an area beneath
                                                                                     Chandeleur Sound. Thusthere shouldnow







                                                                                             Mississippi Ocean Policy Study 6.5


        be certainty over allocation of revenues that          ploration and development for the purpose of
        may arise from any development in that area.           obtaining a permit for oil and gas drilling in
        (For a discussion of state boundaries, see             Mississippi. Before exploration may take
        chapter 3.)                                            place, a permit for seismic exploration must
                                                               be obtained from DEQ's Bureau of Geology,
        Present Policies for Oil and Gas Develop-              and state seismic agents must accompany the
        ment in State Waters                                   crew conducting the seismic research in state
        Leasing and Development                                waters. No permits will be issued without
              Interest in drilling within Mississippi          proof of liability insurance on the part of the
        coastal waters began in 1981. In 1985, Sap-            applicant. All permit applications are for-
        phire Exploration and Production, Inc. of              warded to Bureau of Marine Resources (BMR)
        Dallas,Texas acquired a lease to approximately         where the permit is subject to review and
        20,000 acres of submerged state lands located          assessed for compliance with the Mississippi
        4.5 miles south of Ship Island. In 1986, Sap-          Coastal Program. There is also review by the
        phire drilled an exploratory well, but it proved       Department of Archives and History to en-
        to be unsuccessful.                                    sure that no archaeologically sensitive areas
              In 1982 and 1985, Chevron U.S.A. also            will be disturbed by the lease activity. Finally,
        acquired leases to approximately 20,000 acres          a permit must also be obtained from the State
        of submerged lands near Cat Island. Chevron            Oil and Gas Board for the construction, opera-
        drilled an exploratory well in 1988, but it was        tion, and maintenance of facilities for the ex-
        also unsuccessful. The drilling operation was          ploration, production, and transportation of
        abandoned in 1989, and Chevron removed                 oil and gas.
        the rig and relinquished all leases in 1990.                BMR will not issue a permit until the
              The Department of Environmental                  potential lessee submits a wTitten report of
        Quality's Bureau of Geology and Bureau of              environmental impact of drilling activities,
        Energy are responsible for the administration of       unless a report with this information has been
        all exploration and leasing of minerals on state-      submitted to another state or federal agency.
        owned lands and submerged lands subject to             Waste discharge permits, if necessary, must
        ebb and flow of the tide in Mississippi. Policy        be secured from the Bureau of Pollution
        decisions are madeby the Commission on Envi-           Control (BPC) or the U.S. Army Corps of
        ronmental Quality@ which is authorized to lease        Engineers (Corps). Pursuant to Section 404 of
        state lands within its jurisdiction and to pro-        the Federal WaterPollution Control Act (Clean
        mulgate regulations for their management.              Water Act), 33 U.S.C. ï¿½ï¿½1251 et seq. (1988), the
        Although the lease bidding process is usually          Corps may require that a permit be issued.
        by competitive bid solicited by newspaper              However, the permit will not be granted un-
        advertisin& leases may be granted through              less BPC issues a State Water Quality Certifi-
        noncompetitive negotiation, if determined by           cation, application for which is automatically
        the commission to be necessary or appropri-            made when applying with the Corps.
        ate or in the best interests of the state. Discre-
        tionary variances and exceptions to regula-            Use of Revenues from State Leases
        tions are allowed for good cause as well.                   State law governs how Mississippi uses
              There is no differentiation between ex-          its lease and royalty payments from state







           6.6 Mississippi Ocean Policy Study


                             water tracts. Of the monies received, five-            structures. In addition, they may interfere
                             tenths of one percent is retained in a special         with the trawling operations of commercial
                             fund, $100,000 of which is used by the Com-            fishing, add to the litter of the ocean floor, and
                             mission on Environmental Quality to defray             cause underwater navigational hazards.
                             the costs incurred for regulating and permit-               Nevertheless, in November of 1985 the
                             ting procedures, with the rest going to the            design, siting, permitting, construction, and
                             Education Trust Fund. Two percent of the               management of artificial reefs-including the
                             lease money is used to maintain the Gulf and           use of disused oil and gas platforms-was
                             Wildlife Protection Fund, and is allocated as          developed into a National Artificial Reef Plan
                             follows: one percent (not to exceed one mil-           under the National Fishing Enhancement Act
                             hon dollars) to the Department of Wildlife,            of 1984,33 U.S.C. ï¿½ 2103 (1988). In conjunction
                             Fisheries, and Parks for oil and gas pollution         with the federal legislation, Louisiana and
                             control or abatement, and one percent (not to          Texas have implemented state laws regard-
                             exceed one million dollars) for use by the             ing creation of artificial reefs through the use
                             Commission on Wildlife, Fisheries, and Parks           of abandoned drilling platforms. Under these
                             for land acquisition. Any remaining monies             programs, the structures are either toppled in
                             are deposited into the Education Trust Fund.           place or removed to designated sites and
                             Miss. Code Ann. ï¿½ 29-7-3 (1990).                       function to enhance fishery resources.
                                                                                         Mississippi has not instituted any pro-
                             Disposal of Offshore Platforms -                       gram or legislation encouraging the use of
                             Rigs to Reefs                                          obsolete oil rigs as artificial reefs. However,
                                   Another problem area surrounding oil             the state does have a permit system for the
                             and gas development involves the removal               construction of artificial reefs that would be
                             and disposal of drilling platforms that are no         applicable to petroleum platforms. The pro-
                             longer useful. For example, the common                 gram is administered jointly by BMR and the
                             practice of removing the structures by blow-           Corps, and requires that any artificial reef
                             ing them up can be hazardous to surrounding            created by an individual or corporation be in
                             wildlife. Disposal of the abandoned rigs is            compliance with the state's coastal program.
                             also problematic. The structures can be towed          The permits issued to builders of artificial
                             to a location where they can be scrapped, but          reefs state "any accepted standard fishery
                             the cost of this often outweighs their scrap           management technique except diking and
                             value. In the Gulf of Mexico, an average of 40         filling in waters of the United States may be
                             to 50 structures per yearare removed from the          authorized under this general permit." Any
                             area, a number of which are dismantled and             construction application for a reef in state
                             sold for scrap.                                        waters would be coordinated with the Corps
                                  Recently proposals have been made to              and BMR. Any proposal for construction on
                             use the outmoded platfonns as artificial reefs,        the outer continental shelf would also be coor-
                             either dismantling them and leaving them in            dinated with the MMS.
                             place, or toppling and moving them to an-                   According to a public notice issued jointly
                             other location. However, this idea is contro-          by the Corps and BMR in 1988, a number of
                             versial. Many questions persist as to the true         restrictions would be placed on an entity in-
                             fisheries enhancement capabilities of these            terested in sinking an obsolete oil rig for use as







                                                                                               Mississippi Ocean Policy Study 6.7


        an artificial reef Of those restrictions, the           addition, easements over the OCS may be
        most relevant include denials for (1) struc-            required from the MMS.
        tures and activities that may interfere with                  At the state level, the Oil and Gas Board
        navigation; (2) activities which will adversely         has primary permitting authority for pipeline
        impactor threaten endangered species or their           construction, operation, and maintenance.
        critical habitat; (3) activities that will affect or    Rule OS-10 of the Oil and Gas Board regula-
        degrade cultural resources; and (4) activities          tions sets forth a number of requirements
        that do not meet state-ordered water quality            with which a permit applicant must comply
        standards.                                              before being issued a permit from that agency.
                                                                BMR also issues permits, specifying that pipe-
        Ocean Pipelines                                         line projects must be aligned along the route
             The Gulf of Mexico is home to the most             least damaging to the environment, avoiding
        extensive ocean pipeline system in the world.           areas of submerged grass, shellfish beds, ar-
        Currently there are 15,640 miles of approved            tificial reefs, or hard banks.
        outer continental shelf pipeline in the Gulf of               On its face, the idea of moving oil by
        Mexico; 90 percent of this is located in the            pipelines seems preferable to moving it by
        Central Gulf. In addition, state waters have            tankers or tank barges; however, the exten-
        their own share of pipelines, which are not             sive pipeline system has created the need for
        included in this figure.                                many large capacity refineries along the Gulf
             Safety standards, design, installation,            shoreline, making the Central Gulf a major
        operation, and maintenance of pipelines and             destination for tankers laden with unproc-
        related facilities are governed by two federal          essed oil. Approximately 1,000 tankers carry-
        statutes. The Natural Gas Pipeline Safety Act,          ing oil and ctiernicals and 350 ships carrying
        49 U.S.C. ï¿½ï¿½ 1671 et seq. (1988) applies to             oil enter Mississippi coastal waters to reach
        pipelines for natural gas, and the Hazardous            the Pascagoula port every year. The increased
        Liquid Pipeline Safety Act, 49 U.S.C. ï¿½ï¿½ 2001 et        tanker traffic and the fact that most of the
        seq. (1988) controls pipeline transportation of         recent ocean pipelines have been installed at a
        petroleum. Both statutes provide that while             depth of less than 200 feet has created the
        states may impose more stringent controls               possibility of a major threat to the wetlands
        over pipelines in intrastate waters, state regu-        and fisheries.
        lation of pipelines is preempted by federal
        standards for interstate pipelines. Neither             Hard Minerals Mining
        Act governs associated siting requirements,                  Mississippi's territorial sea bottoms and
        easements, or environmental permits for                 adjacent continental shelf contain other min-
        pipelines and facilities.                               eral resources besides oil and gas. Commer-
             Offshore pipelines may be subject to a             cial sand, gravel, and shell dredging take place
        number of federal acts, and may require                 in waters of the Mississippi Sound. Other
        dredge and fill permits from the Corps of               heavy minerals that are of commercial inter-
        Engineers, water quality (NPDES) and air                est, such as ilmenite, rutile, kyanite, stauro-
        quality permits from the Environmental Pro-             lite, zircon, monazite, and xenotine exist in
        tection Agency (EPA), and consistency certifi-          such quantities as to be potentially economi-
        cation under the Endangered Species Act. In             cally feasible to recover. While many of the








            6.8 Mississippi Ocean Policy Study


                              known deposits are not accessible because               consistent with the enforceable policies of the
                              they are located on the margins of the barrier          state's approved coastal management plan
                              islands and make up part of the Gulf Islands            (For a discussion of the CZMA, see chapter 4).
                              National Seashore, other economically                        The MMS regulatory scheme has gener-
                              promising deposits exist in areas that may be           ated a great deal of controversy. The most
                              environmentally suitable.                               commonly levelled criticism is that MMS does
                                    jurisdiction over hard mineral mining             not have authority to regulate hard minerals
                              activities is divided between the state and             mining. The agency claims its authority from
                              federal governments. Mississippi manages                the OCSLA; however, that Act deals almost
                              resources located within the three-mile area,           exclusively with oil and gas activities, with
                              and MMS exercises federal regulatory au-                only one sentence in the entire Act mention-
                              thority over these activities on the Outer Con-         ing the leasing of "any mineral other than oil,
                              tinental Shelf. A licensing scheme for mining           gas, and sulfur." 43 U.S.C. ï¿½1337(k) (1988).
                              activities on the high seas beyond the conti-           Industry, coastal states, and environmental
                              nental shelf is set up by the Deep Seabed Hard          groups have argued that this thin reference is
                              Mineral Resources Act, 30 U.S.C. ï¿½ 1401 (1988).         not enough to give MMS the authority to
                                    Until recently the federal government             promulgate an entire regulatory program.
                              had no regulatory scheme for the n-dning of                  At the state level, the same regulatory
                              minerals other than oil, gas, and sulfur. How-          scheme that governs off and gas applies to
                              ever, in 1989 MMS adopted a three-tiered                exploration, leasing, and development of hard
                              regulatory program. The first tier of regula-           minerals. The regime was originally tailored
                              tions establishes practices and procedures spe-         to meet the needs of the established petroleum
                              cific to the prospecting activities associated with     industry rather than the peculiarities of the
                              geological and geophysical exploration and              hard mineral mining industry. In any case,
                              scientific research. The second tier prescribes         the Commission on Environmental Quality
                              procedures and requirements for leasing                 has the discretion to tailor lease bids and
                              minerals other than oil, gas, and sulfur on the         royalties, giving the state a mechanism to
                              OCS The third tier govems postlease activities.         address the special needs related to the devel-
                              30 C.F.R. ï¿½ï¿½ 251, 256, 281, 282 (1989)                  opment of these resources.
                                   Joint state-federal task forces are pro-
                              vided for in the regulations to promote coor-           Ocean Policy Challenges
                              dination between the governmental entities.                  N Mississippi, through its governor and
                              Task forces give state governors the opportu-           state agencies, should take full advantage of
                              nity for access to available data and informa-          the opportunity provided by the Outer Conti-
                              tion regarding exploration and development              nental Shelf Lands Act to comment on the
                              and the ability to monitor the leasing process.         proposed OCS leasing program.
                              However, MMS has stated that consistency                     N The state should recommend, support,
                              determinations are not required under the               and participate in the initiation of regional
                              CZMA. This position should change with the              studies to investigate the impact of increased
                              1990 amendments to the Act that all federal             drilling activities in the Gulf that may occur as
                              agency activities affecting a land or water use         a result of recent oil and gas drilling morato-
                              or a natural resource of the coastal zone be            riums in other parts of the country.







                                                                                         Mississippi Ocean Policy Study 6.9


             E The advisability of proposed federal
        legislation that awards greater control to the
        states over oil and gas development in the
        expanded territorial sea should be evaluated.
             0 The state should monitor federal leg-
        islative efforts to increase coastal state rev-
        enue sharing from Section 8(g) lands and
        aggressively support appropriate legislation.
             IN Current policies regarding the alloca-
        tion of Section 8(g) revenues as well as rev-
        enues from state oil and gas leases should be
        reexamined. Special attention should be given
        to earmarking Section 8(g) funds for coastal
        communities to help local governments offset
        the onshore impact of outer continental shelf
        drilling and for funding the state's oil spill
        contingency program.
             N The state should evaluate the need for,
        and feasibility of, a regulatory scheme specifi-
        cally addressing hard mineral mining in state
        waters.
             N Developing a program that encour-
        ages the use of abandoned oil rigs as artificial
        reefs should be considered.







         6.10 Mississippi Ocean Policy Study


                          Sources


                          Books, RgRorts, and Articles

                          Fitzgerald, "Outer Continental Shelf Revenue Sharing: A Proposal to End the Seaweed
                                           I
                                 Rebellion," 5 U.C.L.A. Journal of Environmental Law and Policy 1 (1986).

                          Franks and Ladner, Bureau of Marine Resources, An Overview of Mississippi's Valuable Coastal
                                 Resources: Its Lands, Waters, Fisheries, Indust fies, Tourism, and Other Valuable Assets (1987).


                          Hershman, "State and Local Influence over Offshore Oil Decisions," in Washington Sea Grant's
                                 Washington State Offshore Oil and Gas (1988).

                          Hildreth, "Federal-State Revenue Sharing for Ocean Minerals Development: The Example of
                                 Outer Continental Shelf Lands Act Section 8(q)," in Coastal Zone '89 (1989).

                          Hildreth and Johnson, Ocean and Coastal Law (1983).


                          Howorth, "Legal Issues Raised by the Presidential Proclamation to Extend the Territorial Sea,"
                                 8 Water Log 11 (Fall 1988).

                          McLaughlin, Mississippi-Alabama Sea Grant Consortium's A Guide to Laws and Regulations
                                 Governing Hard Mineral Mining on the U.S. Continental Shelf, MASGP 89-034 (1989).

                          McLaughlin, "Coastal State Discretion and the New IMO Guidelines for the Disposal of
                                 Offshore Structures: Has Article 5(5) of the 1958 Continental Shelf Convention Been
                                 'Entirely Removed'?" 2 Territorial Sea Journal (forthcoming 1991).

                          Mississippi Department of Natural Resources, Bureau of Geology, Mineral Lease Division,
                                 Rules and Regulations Governing Geophysical, Seismic, or Other Type Exploration on State-
                                 Owned Lands (1988).


                          Ocean Policy Committee of the North Carolina Marine Science Council, North Carolina and the
                                 Sea: An Ocean Policy Analysis (1984).

                          Oregon Ocean Resources Management Task Force and Ocean Resources Management Pro-
                                 gram, Oregon Ocean Resources Management Plan (1990).

                          "President George Bush Effectively Shut Down Offshore Drilling in Most of the Lower 48 States
                                 Which Have Significant and Diverse Marine Mammal Populations," 16 Marine Mammal
                                 News 1 (May 1990).







                                                                                Mississippi Ocean Policy Study 6.11


      U.S. Department of Interior, Minerals Management Service, Estimates of Undiscovered Eco-
            nomically Recoverable Oil and Gas Resources for the Outer Continental Shelf as of July 1984
            (1985).


      U.S. Department of Interior, Minerals Management Service, Federal Offshore Statistics, 1988
            Leasing, Exploration, and Revenues (1989).

      U.S. Department of Interior, Minerals Management Service, Gulf of Mexico Update: May
            1988-july 1989 (1989).

      U.S. Department of Interior, Minerals Management Service, Gulf of Mexico Summary Report
            and Index, November 1984-june 1986 (1986).


      U.S. Department of Interior, Minerals Management Service, Outer Continental Shelf Oil and
            Gas Five-Year Leasing Program, Mid-1987 to Mid-1992 (Proposed Final) (1987).

      Weber, Townsend, and Bierce, Center for Marine Conservation's Environmental Quality in the
            Gulf of Mexico: A Citizen's Guide (1990).

      Wiygul, "'Uncertainty, Politics, and Outer Continental Shelf Development," Resource Law
            Notes No. 21 (1990).


      Federal Statutes and RegWations


      Coastal Zone Management Act, 16 U.S.C. ï¿½ï¿½ 1451 et seq. (1988).

      Depp Seabed Hard Minerals Resources Act, 30 U.S.C. ï¿½ï¿½ et seq. (1988).

      Federal Water Pollution Control Act, 62 U.S.C. ï¿½ï¿½ 1153 et seq. (1988).

      Hazardous Liquid Pipelines Safety Act of 1979,49 U.S.C. ï¿½ï¿½ 2001 et seq. (1988).

      National Fishing Enhancement Act of 1984,33 U.S.C. ï¿½ï¿½ 2101 et seq. (1988).

      Natural Gas Pipeline Safety Act, 49 U.S.C. ï¿½ 1671 (1988).

      Outer Continental Shelf Lands Act, 43 U.S.C. ï¿½ï¿½ 1331 et seq. (1988).

      Submerged Lands Act, 43 U.S.C. ï¿½ï¿½ 1311 et seq. (1988).

      Water Pollution Prevention and Control Act, 33 U.S.C. ï¿½ï¿½ 1251 et seq. (1988).







           6.12 Mississippi Ocean Policy Study


                           30 C.F.R. ï¿½ï¿½ 251, 256, 281, 282 (1990).


                           State Statutes and RegWations


                           Coastal Wetlands Protection Act, Miss. Code Ann. ï¿½ 49-27-11 (j) (Supp. 1988).

                           Mississippi Coastal Program, Bureau of Maxine Resources, VRI-28 (1988).

                           Miss. Code Ann. ï¿½ 29-7-3 (1990).


                           Mississippi State Oil and Gas Board Regulations, Rule OS-10 (1990).









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                                                                  (D            . ..
                                                               V6
                                                                           0
                                                                    (D
                                                                                 0







                                                                                          Mississippi Ocean Policy Study 7.1




                                         OIL AND
                                HAZARDOUS
                    SUBSTANCE SPILLS



        Background                                           the state would be affected by a major spill off
             The recent spate of devastating oil spills      the coasts of neighboring states. Currently
       caused by tankers and ruptured pipelines off          Mississippi has no operating offshore oil and
       the coasts of Alaska, California, Texas, and a        gas rigs in state waters. However, there are a
       number of East Coast states has resulted in           number of operating wells just outside state
       renewed interest at the state and national            waters south of Petit Bois Island, about 10
       levels in additional preventive and liability         miles offshore from the city of Pascagoula.
       measures. Because the near coastal waters of               Mississippi's coastal waters serve as a
       the Gulf of Mexico are among the most pro-            transportation corridor for crude oil and pe-
       ductive coastal waters of the United States,          troleum products being transferred by pipe-
       Mississippi is particularly susceptible to the        line and tanker from offshore oil fields to
       threat posed by the drilling and transportation       coastal refineries and other users. Chevron
       of oil and hazardous substances off its shore.        U.S.A. has built one of the largest refineries in
             Today over 20 million acres of the Gulf of      the United States just east of the Port of
       Mexico have been leased for oil and gas de-           Pascagoula in the Bayou Casotte Industrial
       velopment. There are at present an estimated          Channel. The refinery is designed to process
       4,000 offshore off and gas wells in the Gulf          over 16 million tons of heavy crude per year
       region, as well as hundreds of off and chemical       and receives its supply of oil from a pipeline
       refineries along with their associated pipelines      that originates in the coastal Louisiana oil
       and tanker vessel traffic.                            fields and from supertankers that anchor be-
             Although Louisiana and Texas possess            yond the barrier islands south of Pascagoula.
       most of the offshore oil and gas production           Smaller tankers transfer the crude oil to the
       and refinery capacity in the Gulf region,             refinery's oil dock located on Bayou Casotte.
       Mississippi's close proximity to those states,             Other industrial activities in the Bayou
       along with the Gulf's prevailing easterly ocean       Casotte area could potentially spill oil or other
       current system, makes it relatively likely that       hazardous chemicals. These include







            7.2 Mississippi Ocean Policy Study


                               NUSOUTH Industries, the Chicago Bridge                   discharges of oil and to deal with civil liability
                               and Iron Company, and a large fuel dock. The             for pollution damage. The mbst important
                               huge Ingalls Shipyard and several other ma-              convention to control pollution from vessels
                               rine manufacturing industries located near               is the International Convention for the Pre-
                               Bayou Casotte on the East Pascagoula River               vention of Pollution from Ships (MARPOL),
                               also use large quantities of oil and chemical            which was concluded in 1973 and modified
                               products.                                                by protocol in 1978. MARPOL 73 / 78 requires
                                     Four major industrial parks are located            new crude oil tankers to comply with strict
                               along the coastal area of Harrison County. On            design and construction standards, including
                               the north shore of the Bay of St. Louis in               segregated ballast tanks and oil washing
                               western Harrison County, the Du Pont Cor-                systems. Retrofit options are specified for older
                               poration operates a large titanium dioxide               vessels. The United States ratified MARPOL
                               processing plant. In southwest Hancock                   73/78 in 1980, but has not yet ratified Annex
                               County, the more sizeable water-dependent                H or Annex III, which are concerned with the
                               industries include a Borg-Warner plastics                control of pollution by noxious liquid sub-
                               manufacturing plant and a marine concrete                stances in bulk.
                               products manufacturer. Also located in                        Two treaties deal with civil liability for
                               Hancock County is the National Space Tech-               pollution damage. The 1969 International
                               nology Laboratories, which is the headquar-              Convention on Civil Liability for Oil Pollution
                               ters for some 18 federal and state agencies and          Damage (Civil Liability Convention) provides
                               is a major research and testing facility.                strict (but limited) liability for pollution dam-
                                    Over the years, there have been a num-              age caused by vessels carrying oil in bulk as
                               ber of oil spills in Mississippi coastal waters.         cargo. The 1971 International Convention on
                               Two of the most recent occurred during the               the Establishment of an International Fund
                               fall of 1989 when a damaged Chevron pipeline             for Compensation for Oil Pollution (Fund
                               spilled 4,200 gallons of oily water into Bayou           Convention) established a supplemental fund
                               Casotte, and when a ruptured barge near                  of up to 675 million gold francs to ensure
                               Horn Island spilled 32,000 gallons of light              increased compensation for victims of oil pol-
                               crude into Mississippi Sound.                            lution. Neither the Civil Liability Convention
                                                                                        nor the Fund Convention has been ratified by
                               Legal Framework                                          the United States because both are perceived
                                    Duties and responsibilities in the event            to offer too little protection to pollution victims.
                               of an oil spill are determined by various laws                In an effort to allay the misgivings of
                               and regulations. These include: (1) interna-             nations like the United States, the International
                               tional treaties; (2) federal environmental laws;         Maritime Organization adopted the 1984 Civil
                               (3) national oil spill contingency plans; (4)            Liability Protocols. These Protocols, among
                               regional oil spill contingency plans; and (5)            other measures, dramatically increase the
                               U.S. Coast Guard regulations.                            limits of liability under the Civil Liability and
                                                                                        Fund Conventions. Although endorsed by
                               International Treaties                                   the Reagan administration, Congress chose
                                    Several international treaties have been            not to ratify these protocols when passing
                               adopted to control intentional and accidental            new federal oil spill legislation.







                                                                                              Mississippi Ocean Policy Study 7.3


              Private oil companies have also created
        an intemational funding system for damages
        arising from tanker oil spills. The Tank
        Owners' Voluntary Agreement Concerning
        Liability for Oil Pollution (TOVALOP) pro-
        vides up to 10 million dollars to governments                                     4
        for cleanup costs, and the Contract Regarding
        an Interim Supplement to Tanker Liability
        (CRISTAL) extends coverage to other gov-
        ernmental costs and private damages.                    tion. The following discussion briefly sum-
              Other intemationalconventions that may            marizes the provisions of the new OPA and
        have an effect on oil or chemical spills in             other federal water pollution laws that ad-
        Mississippi waters include the 1969 Intema-             dress problems of oil spill prevention and
        tional Convention Relating to Intervention on           liability.
        the High Seas in Cases of Oil Pollution Ca-
        sualties and the 1983 Convention for the Pro-           Prior Legislation
        tection and Development of the Marine En-                    During the late 1960s and 1970s, Con-
        vironment of the Wider Caribbean Region.                gress enacted two laws that provide broad
        The Intervention Convention allows coastal              federal authority to prevent or remove pollu-
        states to take any measures necessary on the            tion by oil and other hazardous substances
        high seas to prevent grave or imminent dan-             that have been discharged into navigable
        ger to their coastline from pollution by oil.           waters, including the 200-mile exclusive eco-
        The Wider Caribbean Region Convention at- -             nomic zone..The first is the Federal Water
        tempts to prevent a number of sources of                Pollution Control Act (Clean Water Act) 33
        pollution, including oil spills. Mississippi is         U.S.C. ï¿½ï¿½ 1251 et seq. (1988), which prohibits the
        located within the Wider Caribbean Region.              discharge of both off and other hazardous
                                                                substances into US. waters. The second is the
        Federal Environmental Laws                              Comprehensive Environmental Response,
              In the wake of the Exxon Valdez oil spill         Compensation, and Liability Act (CERCLA),
        in Prince William Sound and in answer to                42 U.S.C. ï¿½ï¿½ 9601 et seq. (1988), which governs
        growing public concem over the effects of oil           the discharge of all hazardous substances ex-
        spills on the marine environment, Congress              cept crude oil and petroleum products.
        adopted a new regime governing oil spill                     Under the Clean Water Act, a discharge
        liability and prevention on August 18,1990.             of oil or other hazardous substance is in viola-
        The Oil Pollution Act of 1990 (OPA), Pub. L.            tion of the Act if it fails the "sheen" test, which
        No. 101-380, establishes a comprehensive                is defined as a "'film or sheen upon a discol-
        scheme for prevention, removal, liability,              oration of the surface of the water." Failure of
        compensation, and penalties relating to oil             the sheen test creates a rebuttable presump-
        pollution. However, even though the OPA is              tion that there was a harmful discharge. A
        now the principle statute regarding oil pollu-          defendant must then present evidence prov-
        tion, it builds upon and amends the existing            ing that the discharge was not harmful.
        statutory framework relating to water pollu-                 Spillers must report any spill to the US.







           7.4 Mississippi Ocean Policy Study


                             Coast Guard and must contain and remove               under pre-existing law. It also creates a $1
                             the oil or hazardous substance. Failure to            billion federal oil spill trust fund to assure
                             report can result in criminal penalties. If the       complete compensation for parties injured or
                             spiller cannot be identified or if the private        damaged by an oil spill and provides strong
                             response is inadequate, the federal govern-           enforcement, including authorizing states to
                             ment is responsible for removing the pollution.       enforce certain federal requirements. Finally,
                             Under these circumstances, the government             it establishes national, district, and local units
                             may recover its response costs from the spill-        to respond to an oil spill. States play an impor-
                             ing party.                                            tant role under the OPA. Not only do they
                                   If the discharged substance is not oil or a     work with the federal government and indus-
                             petroleum product, CERCLA may be relied               try regarding prevention, response, clean up,
                             upon as a method of recovering government             and compensation, but they also are com-
                             response costs. In some instances, an action          pletely free to implement oil spill legislation
                             under CERCLA is preferable because the                that best fits the needs, economy, and envi-
                             potential liability for cleanup costs is larger       ronment of their own state. In other words, a
                             than under the Clean Water Act. In the ab-            central feature of the Act is that it does not
                             sence of willful misconduct, both Acts limit          preempt state authority in any way. States
                             spiller liability to certain maximum dollar           may impose unlimited liability under state
                             amounts, but CERCLA's limits are consider-            law, and may also construct their own regimes
                             ably higher.                                          regarding financial responsibility require-
                                   Although recovery by the federal gov-           ments, response and compensation funds,
                             ernment for cleanup costs under the Clean             taxing authority to finance those funds, civil
                             Water Act or CERCLA is exclusive and cannot           and criminal penalties, and regulatory au-
                             be supplemented by other federal theories of          thority over safety, operation, and mainte-
                             liability, many state governments have passed         nance of facilities and, to some extent, vessels.
                             legislation that allows for additional recovery             The following measures were enacted to
                             of state cleanup costs. The United States Su-         prevent future oil spills: crew manning stan-
                             preme Court in Askew v. American Waterway             dards, vessel traffic service systems, and alco-
                             Operators, Inc., 411 US. 325 (1973), held that        hol and drug testing. Applicants for licenses,
                             state law is not preempted by the Clean Water         certificates, or vessel documentation will have
                             Act, but did not rule on whether states may           their criminal records and drivers licenses
                             impose liability beyond the dollar limits on          checked; if found to be under the influence of
                             liability contained in the federal legislation.       alcohol or illegal drugs, a ship's master will be
                                                                                   removed. In addition, tankers carrying oil or
                             New Legislation                                       hazardous substances are required to have
                                  The Oil Pollution Act of 1990 is intended        double hulls. Any tanker operating in U.S.
                             to be a comprehensive scheme addressing all           ports is required to have the double hull fit-
                             matters related to oil pollution. It establishes      ting or be retired as of January 1, 1995. New
                             comprehensive prevention measures, creates            tankers built after passage of the bill are re-
                             strict (although limited) liability for owners        quired to be fitted with double hulls. An ex-
                             and operators of vessels and facilities, and          isting vessel with double sides or bottoms can
                             sets liability limits eight times higher than         continue in operation until January 1, 2015.







                                                                                             Mississippi Ocean Policy Study 7.5


              Federal liability systems were stream-           to all legal rights that originally belonged to
        lined into one system, with all state civil,           the claimant. The Oil Spill Trust Fund was
        criminal, and taxation authorities left in place.      created in the Internal Revenue Code of 1986,
        Under the federal system, "responsible par-            26 U.S.C. ï¿½9509 (1988). Penalties paid from
        ties" are liable for removal costs and dam-            Clean WaterAct fines will be deposited in the
        ages, including liability to state, local and          trust fund. All owners and operators of vessel
        federal governments for removal costs in-              and facilities must demonstrate that they have
        curred by those agencies. The Act defines              sufficient resources to cover potential liability
        responsible parties as "any person owning,             for spills or show proof of insurance. Any
        operating, or demise chartering a vessel, and          amounts recovered under this Act by a gov-
        any person owning or operating an onshore              ernment entity are maintained by a trustee in
        facility (other than a federal agency, or state or     a revolving trust account to be used to reim-
        subdivision of the state)." "Removal" refers to        burse or pay costs of damages. Any amounts
        containing and removing oil and hazardous              recovered over the damages are deposited in
        substances from water and shorelines, and              the fund for settling recovery amounts later.
        taking actions needed to minimize or mitigate               Damages include the "injury, destruc-
        damages to fish, wildlife, and other resources.        tion of, loss of, or loss of use of natural re-
              Any person incurring a loss must first           sources, including the costs of assessing the
        seek compensation from the responsible party           damage recoverable by the United States
        or its guarantor. If the claim is not settled          trustee, State trustee or foreign trustee." De-
        within 90 days, the party may then seek com-           fenses to liability are included in the Act but
        pensation through the legal system or from             are limited to proof by the responsible party
        theOil Spill LiabilityTrust Fund, which would          that the damage was the result of an act of
        be subrogated against the responsible party            God, war, oran actor omission of athirdparty

                                                  A
            7000"D                                    MW

                                                 TAM







            7.6 Mississippi Ocean Policy Study


                             other than an employee or agent of the re-           local government. Mississippi is located in
                             sponsible party. Defenses are not allowed if         Region IV, headquartered in Atlanta, Georgia.
                             the responsible party fails to report an inci-       The purpose of the regional contingency plan
                             dent and provide reasonable cooperation and          is to promote further the coordination among
                             assistance to removal activities.                    federal, state, and local governments and pri-
                                                                                  vate sectors to respond effectively to releases
                             National Oil Spill Contingency Plans                 of oil. Region IV places great emphasis on
                                  The National Oil and Hazardous Sub-             states assisting local communities to develop
                             stances Pollution Contingency Plan (40 C.F.R.        local contingency plans. it encourages states
                             ï¿½ 300) (1990) was created to effectuate the          within the region to utilize Civil Defense or
                             response powers and responsibilities created         Emergency Management Operations to pre-
                             by the Clean Water Act and CERCLA. Among             pare contingency plans on the county level to
                             other measures, the plan includes (1) division       address possible emergency situations in-
                             and specification of duties among federal,           volving oil and hazardous substances.
                             state and local governments; (2) descriptions             Federal law requires that spillers be given
                             of the organization, response personnel, and         the opportunity, when time and circumstances
                             resources that are available to respond; (3)         permit, to conduct cleanup operations before
                             preplanning for response by state and local          federal funds are committed. This requires
                             authorities; (4) procedures for undertaking          that the federal government and a majority of
                             operations pursuant to the Clean Water Act           coastal states rely upon private contractors to
                             and CERCLA; and (5) national policies and            supply emergency oil spill equipment and
                             procedures for the use of dispersants and            personnel. Region IV uses three primary pri-
                             other chemicals.                                     vate contractors, two of which are based in
                                  National planning and coordination is           Atlanta, while the third has most of its
                             accomplished through a standing committee            equipment housed in Ohio. In addition, Mis-
                             called the National Response Team (NRT).             sissippi has its own list of designated envi-
                             The NRT is made up of representatives from           ronmental cleanup contractors drawn from
                             several federal agencies. When the NRT is            within the state, as well as from Texas, Louisi-
                             activated for response actions, the chairman is      ana, Alabama, Georgia, Tennessee, and Illinois.
                             either the Environmental Protection Agency               Although the national and regional ef-
                             (EPA) or Coast Guard representative, de-             forts described above remain in force, the new
                             pending on whether the discharge occurs in           Oil Pollution Act adds another layer of re-
                             the inland zone or coastal zone.                     sponse mechanisms. The Act calls for a revi-
                                                                                  sion of the National Contingency Plan to es-
                             Regional Oil S12M Contingency Plans                  tablish procedures for removing a "worst-
                                  In addition to a national contingency           case"' discharge. Furthermore, it mandates
                             plan, a federally sponsored plan has also been       creation of a national response unit with 10
                             developed for each of the 10 EPA Regions.            regional response groups to maintain a list of
                             The regional plan is developed by a Regional         oil spill removal resources, personnel, and
                             Response Team (RRT), which consists of des-          equipment, and to inspect vessels, facilities,
                             ignated representatives from each participat-        and equipment. Under the system, the private
                             ing federal agency, state government, and            sector will supply the bulk of the equipment







                                                                                         Mississippi Ocean Policy Study 7.7


         and personnel needed. Demonstration projects       in performing their response duties.
         are authorized for three areas: New York and
         New Jersey, Los Angeles and Long Beach,             Status in Mississippi
         and New Orleans. These port areas will re-               Mississippi state law permits fines of up
         ceive special funds to test cleanup techniques     to $25,000 per day for discharges of pollutants
         and response procedures.                           into state waters. Miss. Code Ann. ï¿½49-17-
              Area committees@ comprised of presi-          43(e) (1990). It also has a state emergency spin
         dentially appointed members of federal, state,     response fund, which is financed by legislative
         and local government are established by the        appropriation and by fines for environmental
         Act. Each area committee is charged with           violations. Miss. Code Ann. ï¿½49-17-68 (1990).
         formulating an area contingency plan to            Furthermore, there is a provision allowing a
         prepare for a "worst case" oil spill from a        portion of revenues gained from oil and gas
         vessel or facility operating in the area. Own-     activities off the Mississippi coast to be used
         ers and operators of vessels or facilities are     for cleanup response. Miss. Code Ann. ï¿½29-7-
         also required to prepare individual response       3 (1990). The state has not, however, yet en-
         plans that identify and ensure the availability    acted legislation that deals specifically with
         of private personnel and equipment to re-          the prevention and control of oil and haz-
         move a worst case spill and to mitigate or         ardous substance spills, choosing instead to
         prevent substantial damage from a spill.           rely on the federal legislative framework
             Finally, in addition to governmental re-             The Mississippi Bureau of Pollution
         sponse groups, private industry has reacted        Control (BPQ has responsibility for coordi-
         to the new legislation by creating a new in-       nating the state's role in controlling spills in
         dustry response organization. Funded by            coastal waters. Upon notification of a spill,
         some 20 off companies, the Marine Spill Re-        BPC dispatches the closest staff member
         sponse Corporation (formerly the Petroleum         trained in emergency response. If the state
         Industry Response Organization) will set up        cannot respond adequately, BPC requests assis-
         five regional centers and a number of equip-       tance from the Coast Guard, EPA, and the RRT.
         ment staging areas at the major port regions.           To complement the national and regional
                                                            contingency plans, Mississippi has developed
         U. S. Coast Guard Regglations                      a state contingency plan for oil and chen-dcal
             The U.S. Coast Guard has the principal         spills. This plan is currently little more than
         responsibility for implementing and admin-         an information booklet that explains who to
         istering the OPA. Under its provisions, Coast      contact in case of a spin and lists environmen-
         Guard representatives take the leading role in     tal cleanup companies in the region. Recent
         coordinating the response teams at all levels      major spills in other states have shown that
         - national, regional, and local - and are          even the best written plan and the most ex-
         charged with carrying out numerous other           perienced personnel lose valuable time to re-
         duties that are mandated by the legislation.       duce the effects of a potentially major spill if
         The Coast Guard also relies on intemational        the needed equipment is not immediately
         treaties, other federal environmental laws and     available, or public and private agencies and
         their associated regulations, and internal ad-     organizations fail to coordinate efforts to the
         ministrative guidelines to provide guidance        fullest extent under the circumstances. InMis-







            7.8 Mississippi Ocean Policy Study


                              sissippi, there are no official state or county            0 revision of state contingency plan to
                              plans that coordinate intragovernmental re-          coordinate better intrastate adn-dnistrative co-
                              sponse activities. There is also no mechanism        operation and community awareness.
                              in place to inventory cleanup equipment                    N establishment of periodic oil spill
                              owned by private companies to ensure that it         drills and annual or periodic revisions of the
                              is available in the event of a large spill.          contingency plan for the appropriate local
                                   The state has also developed a document         officials to study.
                              entitled A Contingency Guide to the Protection of          0 creation of a citizens' cleanup net-
                              Mississippi Coastal Environments from Spilled        work, similar to a volunteer fire department.
                              Oil. Filled with large maps and illustrations,       Should a major spill occur, volunteers would
                              the guidebook carefully delineates protection        agree to carry out various cleanup duties un-
                              priorities and provides discussion of related        der the supervision of government officials.
                              envirom-nental information. This contingency               0 determination of the feasibility of an
                              guide was intended to provide a scientific           inventory system that would accurately cata-
                              basis for setting priorities for response and        logue the location and availability of specific
                              protection. Although still valuable, the guide       types of oil cleanup equipment held by third-
                              has not been reviewed or updated since its           party contractors.
                              original publication in 1984.                              0 determination of the feasibility of pur-
                                   The federal Oil Pollution Act takes a total     chasing state-owned cleanup equipment to
                              non-preemption stance and gives the states           ensure that it is always available when needed.
                              wide latitude to fashion oil spill legislation             0 development of a state policy for the
                              that best suits their needs. Mississippi made a      use of advanced cleanup technology such as
                              first step toward planning a program that            microorganisms, chen-dcal dispersants, and
                              would work in conjunction with the federal           advanced boom technology.
                              act by introducing a bill during the 1991 leg-             N development of a state policy that
                              islative session. Unfortunately, the bill did        details how state monies will be used in clean-
                              not survive and is dead for the time being.          ing up a spill-specifically, whether state
                                                                                   money should be expended prior to the deple-
                              Ocean Policy Challenges                              tion of all federal cleanup funds.
                                   0 Mississippi should cooperate with the               0 a reevaluation of the roles and re-
                              Southern States Energy Board, EPA's Gulf of          sponsibilities of the Bureau of Marine Re-
                              Mexico Program, the Marine Spill Response            sources and the Bureau of Pollution Control
                              Corporation, and other groups to strengthen          in state oil spill prevention and response ef-
                              regional capabilities for responding to marine       forts.
                              oil or hazardous material spins.                           0 evaluation of the environmental im-
                                   0 Existing oil spill legislation should be      pacts of chronic low-level petroleum spins.
                              reevaluated, with a view to implementing a                 0 evaluation of the environmental ef-
                              comprehensive state oil spill management             fects of drilling mud and cuttings on the ma-
                              program.                                             rine environment.
                                   E Consideration of any state oil spill
                              management program should include the fol-
                              lowing:







                                                                                     Mississippi Ocean Policy Study 7.9



        Sources
        Books, RMorts, and Articles

        Alaskan Oil Spill-Lessons Learned? Special Issue, 9 Water Log 3 (Spring 1990).

        Burr and O'Dell, Mississippi-Alabama Sea Grant Consortium's Handbook for Waterborne Trans-
              portation of Hazardous Materials andWastes (1985).

        Chevron Corp., Refinery Environmental Policy (1989).

        Coastal States Organization, White Paper on the Oil Pollution Act of 1990 and Related State Oil
              Pollution Legislation (1991).

        Edelman, '"rhe Oil Pollution Act of 1990," 3 Maritime Law Reporter 37 (1990).

        Environmental Protection Agency, Region IV Oil and Hazardous Substance Regional Contingency
              Plan (1986).


        Hammond-Smith, "States React to Alaskan Oil Spill with Laws, Regulation," 20 Environment
              Reporter 672 (1989).

        Hancock, "Legislative Update: 101st Congress," 10 Water Log 12 (Summer 1990).

        Kavass and Sprudz, Guide to U.S. Treaties in Force (1988).

        Mississippi Department of Environmental Quality, Contingency Plan for Response to Spills and
              Accidents (1989).


        Mississippi Department of Wildlife and Conservation, Bureau of Marine Resources, A Guide to
              the Protection of Mississippi Coastal Environments from Spilled Oil (1984).

        "Oil Spill Legislation and Management," 24 Marine Technology Society Journal 3 (1990).

        Rodriguez and jaffe,'The Oil Pollution Act of 1990," 15 Maritime Law journal 1 (1990).

        United Nations Environmental Program, "Report on the Fourth Intergovernmental Meeting on
              the Action Plan for the Caribbean Environment Programme and the First Meeting of
              Contracting Parties to the Convention of the Protection and Development of the Marine
              Environment of the Wider Caribbean Region (Catagena Convention)," UNEP (OCAV
              CAP IG.2/CRP.12 (1987).







          7.10 Mississippi Ocean Policy Study


                           U.S. Congress, Office of Technology Assessment, Coping with an Oiled Sea: An Analysis of Oil Spill
                                  Response Technologies (1990).

                           U.S. Departmentof Interior, Minerals Management Service, Five-Year Leasing Program Mid-1 982
                                  to Mid-1987 (1987).


                           Van de Kamp and Saurenman, "Outer Continental Shelf Oil and Gas Leasing: What Role for
                                  the States?," 14 Harvard Environmental Law Review 73 (1990).


                           Wilderness Society, 100 Spills 1,OW Excuses (1990).


                           International Treaties


                           Contract Regarding a Supplement to Tanker Liability for Oil Pollution (CRISTAL) (in effect
                                  from 1971, substantially revised 20 February 1987), 10 I.L.M. 137.

                           International Convention on Civil Liability for Oil Pollution Damage, 29 November 1969,973
                                  U.N.T.S. 3.


                           International Convention on the Establishment of an International Fund for Compensation for
                                  Oil Pollution Damage, 18 December 1971, 1110U.N.T.S. 57.

                           International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution
                                  Casualties, 29 November 1969,970 U.N.T.S. 0.


                           Protocol to International Convention on Civil Liability for Oil Pollution Damage, 25May1984,
                                  23 I.L.M. 177.


                           Protocol of 1978 Relating to International Convention for Prevention of Pollution from Ships
                                  (MARPOL Protocol), 16 February 1978,17 I.L.M. 546.

                           Tanker Owners Voluntary Agreement Concerning Liability for Oil Pollution (TOVALOP
                                  Standing Agreement) (in effect from 1969, as amended 30 October 1984).

                           Federal Statutes and RegI1112tions

                           Clean Water Act, 33 U.S.C. ï¿½ 1251 et seq. (1988).

                           Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. ï¿½ï¿½ 9601
                                  et seq. (1988).







                                                                                 Mississippi Ocean Policy Study 7.11


        Internal Revenue Code of 1986, 26 U.S.C. ï¿½ 9509 (Supp. 1989).

        Oil Pollution Act of 1990, Pub. L. No. 101-380 (1990).


        40 C.F.R. ï¿½ 110 (1990).


        40 C.F.R. ï¿½ 300 (1988).


        State Statutes and RegWations


        Cal. Govt. Code ï¿½ 8574.7 (West 1991).


        Cal. Govt. Code ï¿½ 8574.16 (West 1991).


        Nfiss. Code Ann. ï¿½ 29-7-3 (1990).


        Miss. Code Ann. ï¿½ 49-17-43(e) (1990).


        Mss. Code Ann. ï¿½ 49-17-68 (1990).







                                                                                           Mississippi Ocean Policy Study 8.1




                    LIVING RESOURCES
                            MANAGEMENT





         Background                                           pounds; California with 418.4 million pounds;
              The significance of marine fisheries to         and Mississippi with 298.2 million pounds.
         the U.S. economy is tremendous. U.S. con-                 Gulf of Mexico coastal waters are particu-
         sumers spent approximately $28.3 billion on          larly productive. The major commercial fisher-
         fishery products in 1989 (a five percent in-         ies consist of mullet, tuna, snapper, grouper,
         crease from 1988); of this amount $19.1 billion      and menhaden. In Mississippi, menhaden
         was spent in food service establishments, $9.0       account for about 94 percent of the volume
         billion was spent in retail stores, and $181         and 42 percent of the total value of all fishery
         million was spent on industrial fishery prod-        products landed in the state. Shellfish har-
         ucts. Altogether, the fisheries markets added        vested from the Gulf of Mexico include hard
         $17.2 billion to the US. Gross National Product.     bluecrab, shrimp, and oysters. TheU.S. shrimp
              Changing dietary attitudes havebrought          industry alone was valued at $470 minion in
         about a measurable increase in the consump-          1989, making it the most valuable fishery in
         tion of seafood by Americans. The per capita         the nation. While shrimp make up only 2.8
         consumption of fish and shellfish in 1989 was        percent of the total volume of all of the fishery
         15.9 pounds -a 0.7 pound increase from 1988          products landed in Mississippi, they account
         and an increase of 1.4 pounds from 1985. The         for almost 46 percent of the total value.
         per capita use of all fish products, industrial           The recreational fishing industry also
         and edible, was 62.2 pounds.                         plays a significant role in the economies of
              Marine commercial landings atU.S. ports         Mississippi and the other Gulf states. Na-
         in 1989 were 8.5 billion pounds valued at $3.2       tional Marine Fishery Service statistics reveal
         billion, a 1.3 billion pound increase over 1988.     that in 1989 approximately 289.2 million ma-
         In 1989 the states with the greatest quantity of     rine finfish, with a cumulative weight of 469.2
         marine commercial fishery landings were              million pounds, were caught by 17 million
         Alaska with 4.1 billion pounds; Louisiana with       saltwater recreational fishermen from the
         1.2 billion, pounds; Virginia with 692.8 million     coastal waters of the United States (excluding







           8.2 Mississippi Ocean Policy Study


                             Pacific coast salmon and fish catches from           conservation plans to protect marine fisheries
                             Alaska and Hawaii). Finfish catches from At-         resources from over-exploitation. Under this
                             lantic and Gulf coasts represented almost 86         system the states retain jurisdiction in state
                             percent of all marine fish caught by sports          territorial waters and the federal government
                             fishermen. (Fora discussion of thesportfishing       regulates fishing in the fishery conservation
                             industry in Mississippi, see chapter 10).            zone (that zone from three to 200 miles off the
                                  Typically, recreational fishermen are not       coast).
                             regulated as closely as commercial fishermen,             Generally, states only have jurisdiction
                             and their catches are generally unreported.          over commercial and recreational fishing
                             Many states, including Mississippi, do not           within state territorial waters. In Mississippi,
                             require saltwater sport fishermen to purchase        this includes the entire Mississippi Sound to a
                             licenses, making it difficult to detern-dne im-      line three miles south of the barrier islands.
                             portant facts necessary for fisheries manage-        However, in some instances the MFCMA does
                             ment, such as the number of fishermen, the           allow the states to extend their authority be-
                             number of fish caught, where the fish are            yond their territorial seas and into the fishery
                             caught, and which species are being taken.           conservation zone. For example, the Act al-
                                  In coming years, economic and political         lows the states to maintain some authority
                             competition between commercial and recre-            over fishing vessels in the fishery conserva-
                             ational fishermen will undoubtedly increase.         tion zone if the vessels are registered in that
                             Growing domestic and international demand            state, although the extent of that authority is
                             for seafood, coupled with mounting popula-           uncertain.
                             tion pressure in coastal areas, makes conflict            just as the MFCMA forbids attempts by
                             over the diminishing supply of marine living         states to regulate fishing activities in federal
                             resources almost unavoidable. One of the             waters unless the subject fishing vessel is
                             primary tasks facing federal and state fisher-       registered in the concerned state, the federal
                             ies management agencies in the next decade           government may not regulate fishing within
                             will be to develop strategies to satisfy the com-    state waters unless a fishery, regulated by a
                             peting interests of these powerful user groups.      fishery management plan, is located in both
                                                                                  state and federal waters and the activities (or
                             State and Federal Management of Living               inaction) of state regulatory agencies are ad-
                             Resources                                            versely affecting the achievement of the goals
                                  Historically, marine fisheries were man-        of fishery management.
                             aged by the states. Today, however, manage-               Many species of fish migrate through a
                             ment of living marine resources is shared            broad region of the ocean and are subject to
                             between the states and the federal govern-           varying fishing pressures and government
                             ment. In response to haphazard and ineffec-          jurisdictional zones as they migrate. Any
                             tive state management and conservation ef-           attempt to conserve a species in one state
                             forts, in 1976 Congress enacted the Magnuson         could be hurt by an unresponsive legislature
                             Fishery Conservation and Management Act              or regulatory agency in a neighboring state.
                             (MFCMA), 16 U.S.C. ï¿½ï¿½ 1801 etseq. (1988). The        To avoid such problems, the MFCMA created
                             MFCMA created a new and unique system of             regional councils to formulate area-wide
                             regional comprehensive management and                management plans.







                                                                                                Mississippi Ocean Policy Study 8.3




           To date, the following fishery management plans have been developed by the
           South Atlantic and Gulf management councils:

           Migratory Pelagics (mackerels)             -joint
           Coral and Coral Reefs                      -joint
           Reef Fish                                  -Gulf
             (snapper, grouper, sea basses)
           Snapper/Grouper                            -South Atlantic
           Shrimp                                     -Gulf, South Atlantic
           Stone Crab                                 -Gulf
           Spiny Lobster                              -joint
           Swordfish                                  -joint
           Billfish                                   -joint
           Summer Flounder                            -South Atlantic
           Red Drum                                   -Gulf, South Atlantic
           Bluefish                                   -Part of migratory pelagics plan in
                                                      Gulf; joint South Atlantic, Mid-Atlantic
                                                      & New England Council on the East Coast


         Figure 8.1 [Source: Christie, 5 J. Land Use and Envir. L. 447 (1990)]

              Cooperation between the Gulf states and           management advice and policy recommen-
         the federal government is maintained through           dations. Its role is advisory and it has no
         the Gulf of Mexico Fishery Management                  official regulatory authority. (See figure 8.2
         Council and the state regulatory agencies.             for GSWC fishery management plans that
         The Gulf Council, which is made up of experts          have been completed or are under develop-
         from the member states who are appointed by            ment.)
         the U.S. Secretary of Commerce, is respon-
         sible for fisheries management recommenda-             Status in Mississippi
         tions in federal waters off the coasts of Ala-               The role of the states in maintaining the
         bama, Mississippi, Louisiana, Texas, and the           nation's fisheries cannot be overstated. The
         Gulf coast of Florida. The Council and the             bulk of the nation's domestic production of
         state regulatory agencies work together to             fish is taken from state waters. Commercial
         develop regional fisheries management plans            landings from state waters increased 52 per-
         for selected fishery stocks. (See figure 8.1 for       cent in the years between 1975 and 1985. In
         Gulf regional fishery management plans de-             addition, those onshore activities that may
         veloped to date.)                                      severely harm the nearshore environment
              Mississippi and the other Gulf states are         crucial to fish larvae and young fish are usu-
         also members of theGulf States Marine Fisher-          ally subject to state regulation. Coastal devel-
         ies Commission. GSMFC is an interstate com-            opment activities, such as the draining and
         pact that provides member states and the Na-           filling of wetlands, may destroy the sheltered
         tional Marine Fisheries Service with fishery           estuarine areas that protect young fish, shell-







           8.4 Mississippi Ocean Polky Study


                                                                                ment of Wfldhfe Conservation commissioned
                               GSMFC Fishery Management Plans                   an outside review team to examine BMR and
                               Completed                                        recommend agency improvements. A num-
                               Menhaden                                         ber of the resulting recommendations focused
                               Spanish Mackerel                                 on BMR's fisheries management responsi-
                               Striped Bass                                     bilities. Suggested reforms included major
                               Blue Crab                                        organizational changes, better long-range
                               Oyster                                           planning, and greater citizen participation in
                               Shrimp (superseded by Gulf of Mexico             the formulation of marine resource policies.
                                 Fishery Management Council Plan)               There was also a recognition of inadequate
                                                                                and unstable funding of the agency from state
                               Under Development                                and nonstate sources. While many of the rec-
                               Black Drum                                       ommendations proposed in the 1988 review
                               Striped Mullet                                   have been implemented pursuant to the Mis-
                                                                                sissippi Executive Reorganization Act of 1989,
                            Figure 8.2. [Source: Gulf States Marine Fisher-     Miss. Code Ann. ï¿½ï¿½ 7-17-1 et seq. (Supp. 1990),
                            ies Commission)                                     state funding levels have not increased, and
                            fish, and shrimp from the predators of the          much still needs to be done to realize the full
                            open shelf waters. Moreover, doinestic efflu-       effectiveness of BMR. (See figure 8.3.)
                            ent runoff and industrial discharges contami-            The 1989-90 seafood season was one of
                            nate the nutrient supplies that are critical to     the poorest in recent memory. The situation
                            larvae and adults.                                  was considered so dire that Governor Mabus
                                 The Mississippi Department of Wildlife,        declared a "seafood emergency." The pur-
                            Fisheries, and Parks, through its subdivisions      pose of this action was to try to secure low-
                            and bureaus, is responsible for the enforce-        interest loans from the U.S. Small Business
                            ment of fishery management regulations, bio-        Administration to help local producers
                            logical investigations, and issuing permits and     through the rough times. Shrimp, blue crab,
                            reviews for activities in state territorial wa-     oyster, and red snapper fisheries present
                            ters. The Bureau of Marine Resources (BMR)          special management problems for Mississippi.
                            is delegated the responsibility of implement-       The following summarizes some of the con-
                            ing most regulatory activities relating to ma-      cerns facing these particular fisheries.
                            rine living resources.
                                 BMR makes regulatory recommenda-               Shrimp
                            tions to the Commission on Wildlife, Fisher-             During the past decade, shrimp landings
                            ies, and Parks. The Commission is appointed         have remained above the six million pound
                            by the Governor and is made up of one repre-        mark (heads off). Despite these relatively
                            sentative from each of the state's five congres-    stable catch statistics, price per pound has
                            sional districts. The Commission considers          dropped dramatically, due primarily to the
                            agency recommendations, as well as those            influx of large volumes of cheaper imported
                            from industry and other interested parties,         shrimp. Moreover, the number of participants
                            before making regulatory decisions.                 in the shrimp industry has risen in recent
                                In late 1988, the then Mississippi Depart-      years. As a consequence, although the total







                                                                                         Mississippi Ocean Policy Study 8.5




                       MISSISSIPPI BUREAU OF MARINE RESOURCES STATE FUNDINC 1986-1990
                  1,200,000-


                   1,000,000--


                    800,0001


                    600,000-


                    400,0001


                    200,0001


                           0
                                     86               187                                 '89               190


        Figure 8.3. [Source: Bureau of Marine Resources (1990)]


        landings have increased slightly, the indi-         Blue Crab
        vidual portion and income allocated to each              Blue crab is a very valuable resource for
        fisherman has become smaller.                       the Cuff of Mexico. More than 70 million
             In an effort to address the problems asso-     pounds of this estuarine-dependent shellfish
        ciated with the state's shrimp industry, BMR        is landed annually in Gulf Coast states, which
        is in the process of developing a shrimp stra-      represents over 38 percent of all blue crab
        tegic management plan. This plan will focus         landed in the United States. Recently,
        on solving the problem of user conflicts and        Mississippi's average yearly commercial con-
        allocation of shrimp resources, including the       tribution to this industry has been approxi-
        feasibility of some type of limited entry pro-      mately 1.5 million pounds per year.
        gram and additional season and area clo-                 In Mississippi, the number of commercial
        sures. Methods of reducing the loss of habitat      crab fishermen has been stable. In the early
        and better production and utilization of sci-       1970s there was a yearly average of 64 com-
        entific data will also be examined. Finally, the    mercial fishermen; this was slightly reduced
        plan will seek to improve cooperation among         to 56 during the period of 1981 through 1985.
        the Gulf states in managing shrimp resources.            Mississippi and Alabama are the only
        This will include strategies to formalize exist-    two Gulf states that do not require their recre-
        ing sampling or management schemes be-              ational crab fishermen to purchase licenses.
        tween the Gulf states, provide uniform laws         Mississippi, unlike Alabama, has taken steps
        among the Gulf states, and encourage im-            to limit the harvesting of egg-bearing female
        proved agency contacts.                             crabs-an essential step to a healthy crab
                                                            fishery-by forbidding such harvesting in a







            8.6 Mississippi Ocean Policy Study


                             western portion of the Mississippi Sound.             fluents due to inadequate sewering of coastal
                             Fishermen using trawl nets are also required          communities. Runoff from agricultural fields,
                             to throw overboard any crabs incidentally             parking lots, and feedlots are other sources of
                             caught in those nets unless they have a com-          pollution. Incidental and intentional dis-
                             mercial license for the harvesting of crabs.          charges from ships, recreational craft, or in-
                                   More information is needed on the sta-          dustrial facilities may further add to pollution
                             tus of the blue crab within Mississippi waters.       of the waters of the Mississippi Sound. As a
                             There is a lack of environmental data concern-        result, 57 percent of the shellfish growing
                             ing factors that affect the ability of crabs to       areas in the Gulf of Mexico are currently per-
                             flourish within Mississippi Sound. Nor has            manently or conditionally closed.
                             there been enough research to determine with                Another threat to Gulf oysters is directly
                             certainty the effects of different harvest meth-      linked to the destruction of wetlands caused
                             ods and timing of harvest upon the blue crab          by rapid increases in growth and develop-
                             population of the Mississippi Gulf Coast.             ment along the Gulf Coast. Given their
                                   Mississippi has no comprehensive crab           nearshore habitat, oysters are able to tolerate
                             management plan of its own. However, BMR              some variation in environmental parameters.
                             personnel and members of Mississippi's aca-           When floods wash large volumes of fresh
                             demic community were key contributors to              water into the Gulf, oysters need to be able to
                             the development of a regional management              tolerate fluctuations in salinity. While they
                             plan prepared by the Gulf States Marine               have some natural capability to accommo-
                             Fisheries Commission in 1990. This plan               date these conditions, the destruction of
                             provides an in-depth analysis of the blue crab        wetlands diminishes their chances of survival.
                             fishery within the Gulf of Mexico and presents        Wetlands serve as natural holding basins dur-
                             a recommended course of action for keeping            ing times of heavy rainfall; the destruction of
                             the blue crab fishery healthy. Implementation         wetlands destroys a watershe&s natural abil-
                             of this plan and its recommendations is up to         ity to slow the flow of water. The result is the
                             the states.                                           sudden dumping of fresh water and sediment
                                                                                   into the shallow waters of the Gulf, and a
                             Qysters                                               sudden change in salinity that may destroy an
                                   Throughout the late 1800s and up until          oyster population.
                             the 1940s, nearly 250,000 barrels of oysters               Overharvesting of oysters is also a prob-
                             were harvested each year in Mississippi. To-          lem. It is not uncommon for some oyster
                             day the harvest is well below 100,000 barrels         fishermen to underreport their catch. There is
                             per year. (See figure 8.4). Pollution, unnatural      also a problem with fishermen from sur-
                             physical disruption, overfishing, and the lack        rounding states entering Mississippi waters
                             of a comprehensive management plan have               and illegally taking oysters without reporting
                             all contributed to a significant decline in           them. This sometimes happens within reefs
                             Mississippi's oyster fishery.                         that have been closed because of pollution.
                                   Pollution of the waters of the Gulf Coast       Greater manpower for enforcement could help
                             is one of the more persistent and destructive         reduce the problem. Oyster fishermen could
                             problems faced by the Gulf Coast oyster fish-         help by reporting tl-ds illegal conduct.
                             ery. The pollution comes primarily from ef-                The good news about the Gulf Coast







                                                                                            Mississippi Ocean Policy Study 8.7


         oyster industry is that mostof its problernsare      overboard either dead or in a very weakened
         curable. Important steps have already been           condition.
         taken in some areas. There is a general recog-             In response to National Marine Fishery
         nition in the United States that coastal wet-        Service data indicating that about 12 million
         lands are an immensely important resource            juvenile red snapper are caught annually in
         worthy of strict protection. Numerous laws           shrimp trawls, the Gulf of Mexico Fishery
         and regulations on the federal and state levels      Management Council has attempted to enact
         have been adopted in recent years to prevent         specific regulations designed to reduce over-
         future wetlands destruction. En addition,            fishing of red snapper. The Gulf Council
         many municipalities in Mississippi and other         proposed in August 1990 that the Gulf shrimp
         Gulf states are in the process of upgrading          fishery be closed from May 1 -July 31 during
         sewer systems and reducing other sources of          1991-92, with additional modifications of
         point and nonpoint pollution. Furthermore,           fishing gear or area closures beginning in 1993
         an important contribution was included as            in order to effect a 64 percent overall reduction
         part of the 1990 reauthorization of the Coastal      in red snapper bycatch.
         Zone Management Act. Sponsored by Con-                    Broad and vocal opposition to the pro-
         gressman Gene Taylor from Mississippi, the           posed regulations by all segments of the in-
         amendment provides a mechanism for fund-             dustry - including shrimpers, seafood pro-
         ing programs to restore and enhance shellfish        cessors, gear shops, and others-forced the
         production on publicly owned reefs.                  Council to withdraw the proposed regula-
              Finally, a comprehensive oyster man-            tions. Moreover, members of Congress repre-
         agement plan for the Gulf of Mexico was              senting Gulf states authored legislation
         prepared by the Gulf States Marine Fisheries         amending the 1990 Reauthorization of the
         Commission in 1991. Mississippi and the              MFCMA to prohibit regulations to reduce
         other Gulf states were involved in the devel-        shrimp bycatch until January 1, 1994.
         opment of this plan. Although an excellent                There seems to be agreement from all
         first step, the comprehensive plan will be           user groups that with further research, work-
         advisory only and its efficacy will depend on        able methods of reducing shrimp bycatch can
         legislative actions by the Gulf states for imple-    be developed. The total extent of trawl bycatch
         mentation.                                           is still largely unknown, in part because of the
                                                              reluctance of state governments to conduct
         Red Snapper                                          the needed research. Mississippi should ac-
              Shrimp trawl bycatch, especially of red         tively support joint industry-regulatory
         snapper, is a fishery management issue of            agency research efforts and innovative fed-
         increasing importance to the Gulf states and         eral-state management options. If the state
         to the federal government. Shrimp trawls are         ignores the shrimp bycatch problem, it may be
         inherently nonselective harvesting gear.             confi-onted with a true crisis in years to come.
         Fishermen catch nontarget species along with
         shrimp and must sort through whatever is             Ocean Policy Challenges
         caught to separate shrimp and other market-               0 The state should reassess the funding
         able species from the catch. The fish that re-       requirements of the Bureau of Marine Re-
         main are called "bycatch" and are shoveled           sources to give it added capabilities to man-







          8.8 Mississippi Ocean Policy Study


                           age effectively the state's living marine re-
                           sources and to enforce laws and regulations.
                                 0 The feasibility of requiring saltwater
                           sportfishing licenses should be reexan-dned.
                                 0 More infonnation needs to be gath-
                           ered on the effects that onshore activities have
                           on offshore fishery development. Sufficient
                           resources should be supplied to the Depart-
                           ment of Environmental Quality for the imple-
                           mentation of regulatory and compliance pro-
                           grams pertaining to nearshore industries, ag-
                           ricultural runoff, and municipal waste.
                                 0 Funding and support should be in-
                           creased for the development and implemen-
                           tation of state and regional strategic fishery
                           management plans.
                                 N State and local efforts to upgrade
                           coastal sewage facilities should continue, and
                           resources should be devoted to developing
                           better coastal water quality criteria and moni-
                           toring capabilities.
                                 E Resource allocation conflicts such as
                           the shrimp trawl bycatch issue will become
                           increasingly burdensome. The state should
                           examine management options to reduce the
                           conflicts between recreational and commer-
                           cial fishermen in the Gulf region.
                                 N The Bureau of Marine Resources
                           should increase the relative importance of
                           fisheries statistics and biostatistics data col-
                           lection as a basis for its resource assessment
                           and environmental impact analyses.







                                                                                       Mississippi Ocean Policy Study 8.9


        Sources
        Books, Reports, and Articles

        Carter, "Gulf Council's Shrimp Management Plan is Approved," 1 Water Log 2 (Spring 1981).

        Chew, "The Bonnet Carre Spillway Diversion Project and Projected Impacts on Mississippi
              Waters," in the Mississippi Oyster Industry: Past, Present and Future, Proceedings of a
              Conference, ed. Burrage (1988).

        Christie, "Florida's Ocean Future: Toward a State Ocean Policy," 5 Journal of land Use and
              Environmental Law 447 (1990).


        Conner, "Turtles, Trawlers, and TEDs: What Happens When the Endangered Species Act
              Conflicts With Fishermen's Interests," 7 Water Log 3 (Fall 1990).

        "Fisheries Management in the Gulf of Mexico," 1 Water Log 1 (Spring 1981).

        Fzitchey, "Gulf Council Tries to Head OffRedSnapperCollapse," 7lNationalFishernzan37(1990).

        Gordon, "Issues and Recommendations to the Executive Director, Department of Wildlife
              Conservation, Preliminary Review of a Private Consultant" (1988).

        Gordon, '@Mississippi Shrimp Strategic Management Plan," in the Mississippi Shrimp Industry:
              A Management Perspective, ed. Burrage (1989).

        "Gulf of Mexico Fishery Management Council," 1 Water Log 1 (Spring 1981).

        Gulf States MarineFisheries Commission, The Blue CrabFisheryofthe Gulf ofMexico UnitedStates:
              A Regional Management Plan (1990).

        Gutting, "An Assessment of the Current System from a Commercial Perspective," in Rethin)dng
              Fisheries Management, eds. Sutinen and Hanson (1986).

        Herring, "Marine Fisheries Management in Mississippi," 1 Water Log 7 (Spring 1981).

        Herrington, "Classification and Trends of Shellfish Growing in Mississippi," in the Mississippi
              Oyster Industry: Past, Present and Future, Proceedings of a Conference, ed. Burrage, (1988).

        Hildreth and Johnson, Ocean and Coastal Law (1983).


        Howorth, "TEDs Update Revisited: TEDs Go! TEDs No!" 9, Water Log 15 (Summer 1989).







           8.10 Mississippi Ocean Policy Study


                           McIlwain, 'Trofile of the Mississippi Shrimp Industry: A Management Perspective," in the
                                 Mississippi Shrimp Industry: A Management Perspective, ed. Burrage (1989).

                           McLaughlin, "Overview of State and Federal Management Schemes in the Gulf of Mexico," in
                                 the Mississippi Shrimp Industry: A Management Perspective, ed. Burrage (1989).

                           MiaIjevich, "Sea Turtles and TEDs: A Misdirected and Counterproductive Effort to Save Sea
                                 Turtles," 7 Water Log 28 (Fall 1987).

                           Mississippi Sea Grant Advisory Service, "Hearings Set For Proposed Red Snapper Restrictions
                                 and Shrimp Trawling Closure," (1 August 1990).

                           Mott, "House Passes Florida Marine Sanctuarv Legislation     , 2 Marine Conservation News 15
                                 (Winter 1990).


                           Patner, "The Tangled Net of Marine Fishery Regulations," 5 Journal of Land Use and Environ-
                                 mental Law 753 (1990).


                           Roberts, "An Economic Analysis of the U.S. Shrimp Industrv," in the Mississippi Shrimp In-
                                 dustry: A Management Perspective, ed. Burrage (1989).

                           Short, Keynote Address of a Mississippi Sea Grant Workshop, in The Mississippi Shrimp Industry:
                                 A Management Perspective, ed. Burrage (1989).

                           Simpson, "The Gulf States Marine Fisheries Commission, 1 Water Log 3 (Spring 1981).

                           Upton, "American Fisheries: Running on Empty?," 2 Marine Conservation News 9 (Winter 1990).

                           Upton, "Red Snapper-Another Fishery In Decline," 2 Marine Conservation News 6 (Fall 1990).

                           U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National
                                 Marine Fisheries Service, Fisheries of the United States 1989 (1990).

                           Vecchio, Keynote Address to Conference, in The Mississippi Oyster Industry: Past, Present and
                                 Future, Proceedings of a Conference, ed. Burrage (1988).

                           Federal Statutes, Regglations and Reports


                           Magnuson Fishery Conservation and Management Act, 16 U.S.C. ï¿½ï¿½1801 et seq. (1989).







                                                                                   Mississippi Ocean Policy Study 8.11


       State Statutes and RegWations,

       Gulf States Marine Fisheries Compact, Miss. Code Ann. ï¿½ 49-15-101 et seq. (1990).

       Mississippi Executive Reorganization Act of 1989, Miss. Code Ann. ï¿½ï¿½ 7-17-1 et seq. (Supp. 1990).

       Mississippi Seafood Laws, Miss. Code Ann. ï¿½ï¿½ 49-15-1 et seq. (1990).







                                                                                       Mississippi Ocean Policy Study 9.1




                                        MARINE
                               RECREATION





       Background                                         activities surrounding these and other tourist
             The popularity of the Mississippi Gulf       and recreational attractions generate a num-
       Coast as a recreational destination dates back     ber of jobs for the coastal counties and sub-
       to the 1820s, when the advent of steam power,      stantial tax revenue for the state. Protection
       coupled with the fear of yellow fever, pro-        and enhancement of Mississippf s marine rec-
       duced a string of "watering places" (resort        reational opportunities must therefore be an
       spas thought to possess medicinal waters)          essential element in ocean resource planning.
       along the Mississippi coast. Known as the          The following discussion describes some of
       "Six Sisters," these watering places were found    the more important tourist and recreational
       at Shieldsboro (now Bay St. Louis), Pass           activities pursued in Mississippi ocean wa-
       Christian, Mississippi City, Biloxi, Ocean         ters and along its accompanying beaches.
       Springs, and East and West Pascagoula. City
       dwellers from New Orleans and Mobile               Recreational Boating
       flocked to the area to escape the heat and              Recreational boating is one of the most
       disease of the cities, and residents from up-      popular pastimes on the Mississippi Gulf
       land areas also traveled south to enjoy the        Coast: almost any day will find scores of
       benefits of the coastal climate and waters.        pleasure craft on the waters enjoying the sea
            Since that time, untold numbers ofpeople      and sun. In addition to individual boating
       have enjoyed the coast's many recreational         excursions, the coast offers a number of orga-
       activities. For example, the beaches between       nized activities that are enjoyed by spectators
       Pass Christian and Biloxi and on the barrier       as well as participants.
       islands are the most frequently cited tourist           For example, organized recreational
       destinations for those visiting the coastal        boating on Mississippi's coast officially began
       counties. Additionally, recreational boating       with the formation of the Southern Yacht
       and sportfishing have long been favorite pas-      Club (now the Pass Christian Yacht Club) at
       times of visitors and residents alike. The         Pass Christian in July 1849. A few years later,







           9.2 Mississippi Ocean Policy Study


                             the Bay-Waveland Yacht Club sponsored its            carry passengers several times daily from
                             first annual regatta, a popular event that is        Biloxi and Gulfport to the western portion of
                             still enjoyed today, with the Pass Christian         Ship Island.
                             Yacht Club and others continuing to sponsor               (4) Diamondhead Mardi Gras-The
                             regattas involving visiting boats as well as         Krewe of Diamondhead sponsors a Mardi
                             local ones.                                          Gras parade on the water in addition to their
                                  Sailing races between seafood factory           land-bound parade.
                             schooners were popular summer Sunday af-                  (5) Personal watercraft rental-Personal
                             ternoon events from the late 1880s until 1933,       watercraft (commonly called "jet skis") are
                             when the sailing races ceased primarily be-          rented at several locations on the Harrison
                             cause the seafood industry had converted to          County beach during the warmer months.
                             power-driven boats. However, schooner rac-                Although the above-mentioned activi-
                             ing was revived when the Corsair, owned by           ties and events contribute a certain amount of
                             Michael Broussard of Pass Christian, and the         recreational activity on and around Missis-
                             Glenn L. Swetman, owned by the Biloxi Sea-           sippi waters, the primary recreational boating
                             food Industry Museum, raced on November              activity pursued is excursions on private craft.
                             23 and 24,1990. Public attendance at the first       In fact, boat registrations in the three coastal
                             race of the "White Winged Queens" in more            counties account for a significant portion of
                             than 50 years was outstanding.                       the Mississippi total, as shown below:
                                  In addition to the regattas and schooner
                             races, the Mississippi coast offers several other
                             organized boating activities:                                    TOTAL NUMBER OF
                                  (1) Blessing of the Fleet-Traditional                       BOAT'S REGISTERED
                             along much of the Gulf of Mexico, the Blessing        Three Coast Counties         Miss.State Total
                             of the Fleet is a religious ceremony in which         1981 21,3G5                    102,428
                             the local Catholic bishop blesses the shrimping       1990 35,871                    182,356
                             fleet so that the shrimp harvest will be boun-       '
                             tiful. To the uninformed, the occasion may                Furthermore, recreational boating is in-
                             appear to be a giant parade on the water, as         creasing. The number of boats registered in
                             nearly all boats are decorated for the event.        the tri-county coastal area is expected to reach
                             Blessings are held annually in several coastal       nearly 40,000 by 1995 and almost 44,000 by
                             locations, with heavy spectator participation        2000. This increase reflects a national trend;
                             both on land and on the water.                       the estimated national retail expenditure on
                                  (2) Biloxi's "Christmas on the Water"-          boating more than doubled 1970 to 1980. Ob-
                             To complement the usual land-bound Christ-           viously, the recreational boating market has
                             mas parades, Biloxi sponsors an annual               significant impact on the state's economy.
                             Christmas parade on the water, with its route             As boating activity increases, so do prob-
                             being between the mainland and Deer Island.          lems of access to the water, user conflicts, and
                             Spectator participation is considerable at this      boating safety. Current Mississippi law ad-
                             event.                                               dresses basic boating safety issues, including
                                  (3) Excursion boats-During the prime            operation of a vessel while under the influ-
                             tourist season (March through October), boats        ence of drugs or alcohol (Miss.Cod e. Ann. ï¿½59-







                                                                                                  Misswippi Ocean Policy Study 9.3


         21-83 (1989)). However, no provision exists              increasing problem. Pursuant to federal law,
         for ensuring that boat operators are knowl-              Mississippi does require marina facilities to
         edgeable about the safe operation of their               maintain trash receptacles on the property
         craft. The state has no boat operator licensing          (Miss. Code Ann. ï¿½ 51-2-7 (1990).
         program.
               The increase in the number of boats in             Sportfishing
         the coastal counties also results in an increased              The Gulf of Mexico is the most popular
         demand for access and for marina services.               region in the country for marine recreational
         Most often, Mississippi coastal marinas are              fishing, with hundreds of thousands of fish-
         not full service (i. e., supplying electricity, fuel,    ermen partaking of the Gulf's bounty each
         launch, bait, supplies, repairs, water, phone,           year. The waters off the state of Mississippi
         and sanitary pumpout facilities). Occupancy              have traditionally been particularly prolific
         rates at coastal marinas are typically very              and are part of what is sometimes called the
         high, accompanied with long waiting lists at             "fertile fisheries crescent"- a northern Gulf
         the more desirable locations. Seven marinas              area containing a variety of the marine fishery
         and harbors face the Gulf along Mississippi's            resources that have been the basis for a vital
         coast. These are not all hall-service, but gener-        commercial and recreational fishing industry
         ally provide most of the needed services. Nu-            for many years.
         merous other marinas (at least 35) exist on the                Sportfishing off the Mississippi coast has
         coastal inland waters and provide widely                 long been a favorite activity for residents and
         varying degrees of service. Any increase in              visitors, and adds at least $45 million to the
         boating means further pressure on existing               income of the state each year. It has been
         marina facilities, as well as pressure to build          estimated that this sum is respent and multi-
         additiorolfadhtiesandtoupgradee&tingones.                plies itself at least three times, adding even
              Building, upgrading, or even routine                more to the state and local economy. Because
         maintenance of marina facilities has environ-            Mississippi does not require a saltwater
         mental consequences that must be consid-                 fishing license, reliable data is difficult to ob-
         ered. Dredging and backfill is almost always             tain. However, recent figures estimate that
         required, and with it the danger of losing               over 10.5 million fish are caught annually in
         valuable wetlands. An additional conse-                  Mississippi waters by more than 300,000
         quence of dredging is the resuspension of                sportfishermen who made 1.19 million fish-
         buried sediment. A study by Lytle and Lytle              ing trips into the state's marine waters. With
         of the Gulf Coast Research Laboratory indi-              those numbers, it is easy to see why man-
         cated that sediment from certain locations               agement of recreational fishing is worthy of
         along the coast possess moderately high tox-             the state's attention.
         icity levels. While recent improvements in                     In Mississippi, recreational fishing is
         water quality have reduced toxicity to some              conducted both in the shallow inshore waters
         extent, accumulated polluted sediment still ex-          and the offshore waters surrounding the
         ists and its resuspension could be hazardous.            barrier islands. The most popular species
              While most marina services do not                   taken are the spotted seatrout (speckled trout)
         present a significant environmental impact,              and red drum (redfish), although a number of
         the lack of sanitary pumpout facilities is an            other species, such as croaker, catfish, mullet,







           9.4 Mississippi Ocean Policy Study


                             mackerel, and other species are also often            point out that large quantities of non-targeted
                             sought. While most fishing is done on private         gamefish are caught as a result of wasteful
                             vessels, charter boats from Mississippi home          harvesting techniques by commercial fisher-
                             ports also routinely take fishermen to search         men. Resource utilization between these com-
                             for popular gamefish. There are currently at          peting user groups is an issue that continues
                             least 38 locally owned and operated charter           to be controversial and must be addressed.
                             boats available for charter along the Missis-               Another major problem stems from the
                             sippi coast.                                          fact that no licensing procedure exists for
                                  Regulatory authorityforall fishery man-          saltwater recreational fishermen. As a result,
                             agement, commercial as well as sport, resides         there are no adequate data for assessing the
                             with the Bureau of Marine Resources (BMR).            dimensions of the resource base. Without
                             In this capacity, the bureau is responsible for       reliable information, it is difficult to implement
                             setting seasons, size, and weight limits (see         effective management programs.
                             figure 9.1), and establishing all enforcement
                             procedures and penalties. The bureau also             Sand Beaches
                             conducts studies and evaluates practices in an              Mississippi has many popular beaches,
                             effort to improve overall fishery management.         both along the mainland and on the barrier
                             Other regulatory authority, such as enforce-          islands. The largest and most popularbeach is
                             ment of water quality and wetlands protec-            located in Harrison County, extending its
                             tion laws, helps preserve a healthy habitat for       entire length. A man-made beach, it was
                             fish stocks and contributes in a less direct          created in 1951 primarily to act as a buffer
                             manner to fisheries management.                       between the Sound and the seawall. Because
                                  Many challenges accompany efforts to             prevailing winds on the Mississippi coast are
                             manage Mississippi's fishery resources for            onshore, the wind transports sand toward the
                             recreational as well as commercial fishermen.         seawall and US. Highway 90. County crews
                             Burgeoning coastal development and accom-             routinely move the sand that is blown near the
                             panying loss of wetlands has destroyed habitat        seawall back toward the shore. However,
                             for many estuarine-dependent species.                 once over the seawall and onto the highway,
                             Population growth has increased water pol-            the sand is costly to remove and may be lost to
                             lution, which decreases the water's ability to        the beach. Furthermore, storms and severe
                             support healthy plant and animal life. These          tides may move sand back into deep waters of
                             factors, coupled with growing numbers of              Mississippi Sound. Thus, replenishment of
                                   commercial and recreational fishermen,          the beach sand is occasionally required.
                                   have combined to diminish once-abun-                 Restoration has been required several
                                   dant fish stocks.                               times since the creation of the beach. Subse-
                                          Shrinking fish stocks have led to        quent to the last restoration, erosion control
                                   growmg conflicts between commercial             measures were implemented in an attempt to
                                   and recreational fishermen. Commer-             reduce wind transport of sand onto U.S. 90
                                   cial fishermen argue that recreational          and adjacent properties. Sand fences have
                                   catch of favorite species often exceeds         been erected in some areas of high use and
                                   that of allowable commercial landings.          vegetation plots established in lower use ar-
                                   Conversely, recreational fishermen              eas. Expansion of these measures to include







                                                                                                 Mississippi Ocean Policy Study 9.5


        the entire length of the beach will be necessary          are relatively turbid, scuba diving is not as
        to contain further the wind erosion problem.              popular as in other coastal states. Mostdiving
              Storm tide erosion is much more difficult           activity occurs south of the barrier islands,
        to control, particularly on a man-made beach.             where water is clearer than in the Sound.
        "Hard" tidal-erosion control measures such                Spearfishing is popular in Mississippi waters.
        as bulkheads and walls generally only shift               like other recreational fishermen, these divers
        the loss from one area to another. Vegetation             are often interested in creation of artificial reefs.
        appears to be the best solution to storm tide-                 Another important issue involves safety.
        related losses. Development of larger                     Easily recognizable markers, such as diving
        plantings along the beach would help foster               flags, should be useful for the safety of divers,
        duning of the sand, which would slow both                 and scuba divers should be required to have
        wind and water losses.                                    national certification.
             Other popular beaches are found on the
        state's barrier islands. The western portion of           Gambling Vesselg
        Ship Island, as a part of Gulf Islands National                Recent years have seen a growth in
        Seashore, receives the most recreational use              popularity of so-called "cruises to nowhere,"
        among the islands. During warmer months,                  which sail from a U.S. port into international
        excursion boats from Gulfport and Biloxiferry             waters for a number of hours and then return
        visitors to the island. Visitor facilities (snack         to the same port. While onboard these
        bar, rest rooms, etc.) have been added by the             cruiseships, passengers are offered meals, live
        National Park Service. The availability of                entertainment, dancing, sightseeing, drinks,
        facilities and transportation has made visiting           and gambling in fully-equipped casinos. A
        this part of Ship Island extremely popular                numberof Mississippi communitieshavebeen
        with tourists and local residents.                        attracted to this concept, viewing it as a way to
                                                                  boost their ailing tourist industries and local
        Barrier Islands                                           economies.
             Going to the beach is not the only recre-                 In 1989, Mississippi became the first state
        ational activity enjoyed by visitors to the               to enact legislation that allowed gambling
        barrier islands. Ship Island is the home of Fort          aboard cruise ships in state waters as they
        Massachusetts, a Civil War site that is visited           were in transit to or from international wa-
        by thousands of tourists each year. Although              ters. The following year the state repealed the
        the other islands are accessible only by private          1989 statute and passed much more compre-
        boat, several of them, particularly Horn Island,          hensive legislation that created a state gaming
        offer fishing, picnicking, and primitive                  commission and legalized gambling aboard
        camping. Others are in private ownership,                 approved vessels of a minimum size while
        thereby limiting the public's ability to enjoy            underway or docked in state waters. Miss.
        many of their recreational opportunities. (For            Code Ann. ï¿½ 97-33-1 (Supp. 1990). The new
        additional discussion of Mississippi's barrier            legislation authorized two existing
        islands, see chapter 12.)                                 cruiseships, the LA Cruise based in Biloxi and
                                                                  the Europa let berthed in Gulfport, to continue
        Scuba Diving                                              gambling operations without a privilege li-
             Because the waters of Mississippi Sound              cense. Miss. Code Ann. ï¿½ 27-109-9 (1990).







            9.6 Mississippi Ocean Policy Study


                               Except for the two "grandfathered" vessels,             posed enterprises will have on the social struc-
                               county residents were given the authority by            ture and physical environment of the affected
                               a majority vote to halt gambling in state wa-           communities remains to be seen and should
                               ters on vessels that operate from county ports          be monitored closely.
                               or are docked there. Miss. Code Ann. ï¿½ 19-3-
                               79 (Supp. 1990).                                        Ocean Policy Challenges
                                    Voters in all three of Mississippi's coastal                E The feasibility of requiring a boating
                               counties went to the polls in November 1990             safety course or operator's license to improve
                               to decide whether each county would allow               safety on Mississippi waters should be further
                               cruiseship gambling. Harrison County and                investigated.
                               Jackson County rejected the measure, while                       0 The state should examine the
                               Hancock County voted in favor. Because both             possibility of establishing a Coastal Watch
                               the LA Cruise and Europa Jet operate from               Program in Mississippi. The Coastal Watch
                               Harrison County ports, the vessels may only             Program trains volunteers regarding fishing
                               open their casinos within state waters if they          regulations and increases the observation
                               continue their longstanding practice of                 capacity of enforcement officials dramatically.
                               cruising to international waters.                       The program has been used effectively in Texas,
                                    Cruiseships operating from Mississippi             where it was organized as a joint effort between
                               ports may be faced with an additional ob-               the state agency and Gulf Coast Conservation
                               stacle. In a move that has been under con-              Association (GCCA). GCCA is a nonprofit
                               sideration for some time, United States At-             fishing conservation organization that is very
                               torney General Richard Thornburgh, recently             active in the Mississippi coastal counties.
                               issued a national policy directive that effec-                   0 Thestate should exan-dne the problem
                               tively prohibits gambling aboard most "cruises          of finfish bycatch and its effect on fisheries. (For
                               to nowhere" in ocean areas beyond state wa-             discussion and recommendations related to this
                               ters. The new policy provides that all                  issue, see chapter 8).
                               cruiseships that offer gambling must cruise                      0 There should be strict enforcement
                               for a minimum of 24 hours and have lodging              of all state litter laws, including the Mississippi
                               for all passengers or risk being arrested as a          Marine Litter Act. Requirements that the
                               11 gambling ship" under the Federal Gambling            trash receptacles be maintained at all marinas
                               Ship Act, 18 U.S.C. ï¿½ï¿½ 1081-1084.                       should be aggressively enforced by the state.
                                    Neither of the existing cruiseships in                      0 The state should examine measures
                               Mississippi will be able to meet the new crite-         to improve fisheries habitat. Studies should
                               ria. If these vessels are forced to cease op-           be undertaken to determine whether
                               erations as a result of the new federal policy,         additional artificial reefs need to be created in
                               the state's coastal communities will lose a             deeper Mississippi waters beyond the barrier
                               significant source of employment and tour-              islands. These reefs serve as habitat for forage
                               ism-related income.                                     fish and as attractors for larger fish.
                                    The state has already received license                      E The state should investigate the
                               applications for dockside gambling along the            potential environmental consequences of
                               Mississippi River and in coastal Hancock                dockside gambling activities that will likely
                               County. Just what consequences the pro-                 occur in Hancock County.







                                                                                   Mississippi Ocean Policy Study 9.7


              N The state's goalsregarding promotion
       of ocean tourism and support for the ocean
       recreation industry should be clarified.







           9.8 Mississippi Ocean Policy Study


                            Sources
                            Books, RgRorts, and Articles


                            "A Race Prom the Past," the Biloxi Sun Herald at 1 (25 November 1990).


                            Abadie, "Outdoors with Lloyd," Louisiana Sportsman 58 (December 1990).

                            Ebner, "Researchers Find 'Hot Spots' in Sound, Coast's Waterways," the Biloxi Sun Herald at 1
                                  (9 December 1990).


                            Franks and Ladner, Bureau of Marine Resources, An Overview of Mississippi's Coastal Resources:
                                  Its Lands, Waters, Fisheries, Industries, Tourism, and Other Valuable Assets, ( 1987).


                            Garfield," GCCA Coast Watch Program a Success," Saltwater Sportsman 31 (May 1989).

                            Harrison County Sand Beach Planning Team, Sand Beach Master Plan (1986).

                            Jones, "Ante-Bellurn Watering Places of the Mississippi Gulf Coast," 18journalofMississippiHistory
                                  268(1942).


                            Martin, "'Fishing Mississippi's Coast," Southern Saltwater 102 (March 1989).

                            Mississippi Department of Wildlife, Fisheries, and Parks, Strategic Plan (1989).

                            Oliver, The Gulf Coast of Mississippi (1941).

                            Southern Mississippi Planning and Development District, Biloxi Waterfront Master Plan (1989).

                            Sullivan, The Mississippi Gulf Coast: Portrait of a People (1985).

                            University of Southern Mississippi, Department of Geography and Area Development, An
                                  Assessment of Recreational Marinas and Marina Needs on the Mississippi Gulf Coast (1984).

                            Upton, "Red Snapper-Another Fishery in Decline," 2 Marine Conservation News 6 (Fall 1990).

                            Federal Statues and RegLilations


                            18 U.S.C. ï¿½ 1081 (1961).

                            Omnibus Budget Reconciliation Act of 1990, P.L. No. 101-SO8 (1990).






            4ca @@
                a
             49:rA







                                                                                            Mississoo Ocean Polky Study 10.1




                                            MARINE
                         EDUCATIONAND
                                      RESEARCH



         Background                                            marine science and policy.
               An informed and educated public is es-                Adequate marine research is just as im-
         sential if our nation's ocean and coastal areas       portant to the successful management of our
         are to be properly managed and protected.             ocean and coastal resources as marine educa-
         Support for ocean resource management ini-            tion. Acceis to relevant and timely scientific
         tiatives can only be achieved if the public fully     information is essential if policyrnakers and in-
         appreciates both the value and the fragility of       terestedcitizens are to make informed decisions
         our ocean and coastal environment. Marine             regarding the use and protection of our ocean
         education for primary and secondary stu-              environment. The following discussion will
         dents is especially important and challeng-           address efforts that are being made in this state.
         ing. Recent studies have consistently shown
         that U.S. students are significantly behind           Marine Education
         many of their international counterparts in                 Despite relatively limited state resources,
         knowledge of science, mathematics, and ge-            Mississippi has developed a number of inno-
         ography. Without a sound understanding of             vative marine educational programs at the
         the basic principles of the sciences and social       primary and secondary levels. State agencies
         sciences as well as an appreciation of the arts       have also sponsored valuable community-
         and humanities, ouryouth will be unprepared           based marine education and beach cleanup
         to deal with the complex ocean and coastal            efforts. Moreover, the state's universities and
         issues facing the nation. We should also pro-         colleges offer a number of marine-related
         vide our adult citizens with enhanced oppor-          research and teaching programs that have
         tunities for continuing education. Citizens           achievednationalandinternationalprominence.
         can only participate in-the coastal and ocean
         decision-making process if they are made              PrimajY and Secondary Education Proffams,
         aware of present advances in the fields of                  Although there is currently nostate-man-







          10.2 Mississippi Ocean Policy Study


                            dated marine or environmental education               L. Scott aquarium.
                            curriculum, it is not uncommon for teachers              A summer seacamp is also offered
                            at Mississippi's public and private schools to      through Project Marine Discovery. This
                            supplement regular classroom curricula with         daycamp is offered six times during the sum-
                                                marine education materi-        mer for children from six to fourteen years
                                                als, hands-on experiences,      old. Campers are given an opportunity to
                                                and field trips. A number       take field trips to the mainland and barrier
                                                of state and federal organi-    island beaches and shorelines, and to engage
                                                                                                      -on experiences.
                                                zations assist educators to     in a variety of hands
                                                develop marine educa-                The Mississippi Museum of Natural Sci-
                                                tional. programs. For more      ence in Jackson also offers some programs
                                                than 20 years, the Missis-      that are designed to help school-age children
                                                sippi-Alabama Sea Grant         understand and respect the importance of
                            Consortium (MASGC) has provided funding             aquatic ecosystems. Some of the museum's
                            to support marine education programs at the         programs related to fisheries biologyand man-
                            primary and secondary levels. In the past,          agement are federally funded and adminis-
                            MASGC has sponsored a series of summer              tered by the U.S. Fish and Wildlife Service.
                            programs that offered selected teachers spe-
                            cialized training in marine science. It has also    Community Education
                            established a very successful program called             A number of community-based efforts
                            "Project Marine Discovery" in cooperation           have been established in recent years to im-
                            with the Gulf Coast Research Laboratory for         prove the public's awareness of problems as-
                            pre-school through twelfth grade students in        sociated with the state's coastal and ocean
                            public and private schools. Project Marine          areas. The "Coastweek" and "Adopt-A-
                            Discovery is a series of programs and activi-       Beach" programs have been especially suc-
                            ties intended to foster an increased awareness      cessful in getting the public involved in clean-
                            and understanding about the marine envi-            ing up marine debris from the public beaches
                            ronment and its resources to the state's chil-      and barrier islands. The Adopt-A-Beach pro-
                            dren and to the general public.                     gram is a joint effort between the Gulf Island
                                 Project Marine Discovery has a number          National Seashore and the Mississippi Marine
                            of programs targeting different age groups.         Trash Task Force, which is made up of a
                            Project Marine Discovery-ABC's is a collec-         coalition of 13 groups including state agencies,
                            tion of 20-minute sessions of activities            academic organizations, and private industry.
                            tailored to teach preschoolers about the ma-             In the Adopt-A-Beach program, groups
                            rine environment. In the Project Discovery-         of individuals are asked to adopt a stretch of
                            K-12 program, held at the Gulf Coast Re-            mainland or barrier island beach for one year.
                            search Laboratory's J.L. Scott Marine Educa-        During the year, they agree to clean their
                            tion Center and Aquarium in Biloxi during           "adopted" section of beach three times during
                            the school year, students from kindergarten         the year: once in the spring, once in the
                            to twelfth grade are given an opportunity to        summer, and once with other volunteers in
                            conduct field and laboratory experiments, see       September as part of the beach cleanup cam-
                            videos on marine-related topics, and tour the       paign associated with "Coastweek" In 1989,







                                                                                          Mississippi Ocean Policy Study 10.3


        approximately 1,800 volunteers participated           program, and students can interact with these
        in the Coastweek beach cleanup effort.                faculty members. Graduate programs in the
              Government agencies and organizations           Departments of Biological Sciences and Ge-
        such as the Bureau of Marine Resources, U.S.          ology in Hattiesburg also have marine-related
        Fish and Wildlife Service, the Mississippi Sea        degree emphases, and the USM CMS works
        Grant Advisory Service, and others also offer         closely with these departments to provide
        educational opportunities to the public. In           students additional interdisciplinary aca-
        addition to sponsoring workshops and sym-             demic/research options. In conjunction with
        posia addressing current issues of concern in         the USM Department of Political Science, the
        marine resource management, these organi-             USM CMS has initiated planning efforts to
        zations publish a variety of materials for            develop an interdisciplinary marine policy
        school-age and adult audiences.                       program. Thus, the USM CMS graduate
                                                              programs, including the adjunct faculty and
        College and University Education Programs             GCRL faculty, can provide students with aca-
              Most of Mississippi!s public and private        demic and research opportunities which are
        institutions of higher learning offer under-          normallyunavailable on university campuses.
        graduate or graduate courses in marine-                    Mississippi State University (MSU) of-
        relatedstudies. However, graduate programs            fers undergraduate degrees in such marine-
        in marine-related disciplines are limited to          related fieldsasengineerin&biologyandchem-
        Mississippi's three largest universities-the          istry. A baccalaureate degree in marine engi-
        University of Southern Mississippi, Missis-           neering is offered as an optional field of study
        sippi State University, and The University of         in the Department of Mechanical and Nuclear
        Mississippi.                                          Engineering. Within the School of Wildlife
              The University of Southern Mississippi          and Fisheries there is a master's degree pro-
        (USM) offers the most comprehensive marine-           gram in wildlife ecology with an emphasis in
        related graduate programs. The USM Center             aquaculture or fisheries management. Doc-
        for Marine Science (USM CMS), located at the          toral programs are also offered in a broad
        NASA John C. Stennis Space Center, is the             range of scientific disciplines such as biology,
        only dedicated marine science department              chemistry, geology, and engineering.
        within the state institutions of higher learning.          The University of Mississippi offers mas-
        The USM CMS offers interdisciplinary gradu-           ters and doctoral degrees in biological sci-
        ate programs leading to both master's, and            ence, engineering, chemistry, and other disci-
        Ph.D. degrees in Marine Science, including            plines with some marine applications. It also
        areas of specialization in biological, chemical,      houses a number of research centers that deal
        geological, and physical oceanography. Aca-           with marine-related issues. The Mississippi
        demic and thesis/dissertation research op-            Law Research Institute, Mississippi Mineral
        portunities are also available through the            Resources Institute, Maxine Minerals Tech-
        adjunct faculty, who are drawn from NASA              nology Center, and National Center forPhysi-
        and the U.S. Navy research programs located           cal Acoustics all offer students the opportu-
        at the Stennis Space Center. The Gulf Coast           nity to conduct research relating to the marine
        Research laboratory (CCRL), located in Ocean          environment.
        Springs, is a cooperative member of the Ph.D.              The Mississippi-Alabama Sea Grant







           10.4 Mississippi Ocean Policy Study


                             Consortium (MASGC) plays an especially               ocean-going vessels and a number of smaller
                             important role in funding marine education           coastal boats. The RIV Tommy Munro is a 97-
                             and research at the state's colleges and uni-        foot, steel-hull vessel that has been fitted for
                             versities. MASGC is part of the national net-        fisheries, oceanographic, and meteorological
                             work of university-based marine programs             research. The MIV Hermes is a 38-foot steel
                             established by Congress in 1972 to promote           trawler that is used primarily as an educa-
                             the wise use, development, and conservation          tional facility. The MIV Bill Demoran is a
                             of ocean resources through marine research,          wooden trawler that is equipped for a wide
                             education, and advisory services. The con-           variety of research purposes.
                             sortium is unique in the National Sea Grant               In addition to serving the needs of its
                             College Program in that it is composed of            own scientists and researchers from other
                             eight public institutions located in two states.     institutions, GCRL provides research vessel
                             Member institutions in Mississippi include           surveys for the Mississippi Bureau of Marine
                             the University of Southern Mississippi, Mis-         Resources and Gulf States Fisheries Com-
                             sissippi State University, The University of         mission under a state-federal cooperative
                             Mississippi, and theGulf CoastResearch Labo-         program called the Southeast Area Monitor-
                             ratory. In addition to funding individual            ing and Assessment Program (SEAMAP).
                             projects by researchers at the member insti-         These surveys provide fisheries data for use
                             tutions, MASGC sponsors marine extension             in assessments or fishery management
                             and public education activities in cooperation       analyses.
                             with the Mississippi Cooperative Extension                The University of Southern Mississippi
                             Services.                                            Center for Marine Science (USM CMS) has
                                                                                  active research programs which are directed
                             Marine Research                                      at understanding processes in estuarine,
                                 Marine research in the ocean waters off          coastal, and open ocean environments. Fed-
                             Mississippi is conducted by a variety of state       erally funded projects include examining the
                             and federal organizations. The Gulf Coast            effect of anthropogenically derived chemical
                             Research Laboratory (GCRL) in Ocean Springs          nutrients contained in Mississippi River wa-
                             is a state-operated marine research facility.        ters on the inner Gulf of Mexico shelf envi-
                             The laboratory is administered by USM and            ronment; trace metal studies on river, estua-
                             is divided into six scientific research thrust       rine, and coastal waters, coastal currents and
                             areas. Recent research efforts include the           sediment transport in the Gulf of Mexico;
                             development and evaluation of mariculture            deep-sea paleooceanography studies; global
                             techniques and disease prevention strategies         climate change studies; and satellite remote
                             for the mass production of fish and shellfish;       sensing studies. At-sea studies are conducted
                             an investigation of the possible health ben-         onboard research vessels of the National Sci-
                             efits associated with fatty acids in Gulf fishes;    ence Foundation University-National
                             a study to assess toxicity of drilling-produced      Oceanographic Laboratory System fleet, the
                             mud on marine species models; and detection          National Oceanic and Atmospheric Adminis-
                             of carcinogens through the development of            tration research fleet, and the U.S. Navy
                             rapid, econon-dcal marine species models.            Oceanographic Research fleet, as well as ves-
                                 GCRL's research fleet consists of three          sels operated by GCRL.







                                                                                             Mississippi Ocean Policy Study 10.5


                The University of Mississippi in Oxford          mental Protection Agency,U.S. Fish andWild-
          also houses a number of marine-related re-             life Service, and the U.S. Army Corps of Engi-
          search institutes. Of special note is the Maxine       neers sponsor a broad range of marine re-
          Mineral Technology Center (MMTC), which                search activities in Mississippi. EPA's Gulf of
          is administered by the Mississippi Mineral             Mexico Program has a Gulf-wide education
          Resources Institute (MMRI). MWC is a fed-              committee that works on projects throughout
          erally funded component of the Bureau of               the Gulf region. Additionally, they produce a
          Nfines' Nfineral Institutes Program. Its mis-          number of educational "fact sheets" concern-
          sion is to "serve the development of the do-           ing the Gulf of Mexico.
          mestic technological capability that is required            Permanent federal research facilities also
          for the efficient and environmentally compat-          exist in the state at the well-established naval
          ible exploitation of the nation's seabed min-          oceanographic research group at the Stennis
          eral resources." MMTC and MMRI jointly                 Space Center and at the National Marine Fish-
          operate the 61-foot wood-hull vessel RIV Kit           eries Service (NMFS) Southeast Fisheries
          Jones which is docked at Gulf Coast Research           Center in Pascagoula. NMFS conducts fisher-
          Laboratory facilities in Biloxi. The Kit Jones is      ies research on two large ocean-going research
          a shallow draft vessel designed for the testing        vessels. The Oregon II is a 168-foot, steel-hull
          of geologic sampling and surveying systems             vessel thathasbeen designed to samplesmaller
          and for in-house and cooperative research              marine organisms. The Chapman is a 130-
          and exploration programs.                              foot, steel-hull vessel with larger nets to target
                The Mississippi Law Research Institute's         species such as herring and mackerel. NMFS
          Sea Grant Legal Program, located at The Uni-           actively participates in the SEAMAP federal-
          versity of Mississippi School of Law, con-             state program and provides Mississippi state
          ducts research on ocean and coastal law and            agencies with a variety of fisheries-related
          policy issues. Attorneys from the Sea Grant            data and resources.
          Legal Program publish research on topics of
          concern to the state, provide legal advice to          Ocean Policy Challenges
          state and federal agencies and to the Sea Grant             0 Mississippi should consider enacting
          advisory services, and offer students at the           state legislation similar to that in Florida and
          University of Mississippi Law School special-          other states which directs school districts to
          ized training in the field of marine law and           disseminate materials and develop activities
          policy.                                                that inform students, teachers, and adminis-
                Many of the faculty at Mississippi State         trators about the environment. Any environ-
          University also conduct significant marine-            mental education program should have a
          related research. Moreover, MSU operates               marine component.
          the Coastal Research and Extension Center                   E State education administrators should
          (CREC) located in Biloxi. Units within CREC            work with the Mississippi-Alabama Sea Grant
          that are involved in applied marine research           Consortium and the Gulf Coast Research
          include the Sea Grant Marine Advisory Ser-             Laboratory to expand further the state's role
          vice, the Seafood Processing Laboratory, and           in programs suchas"Project Marine Discovery."'
          the Coastal Aquaculture Unit.                               W In addition to marine-related courses
                Federal agencies such as the Environ-            in the so-called "hard sciences," Mississippi's







         10.6 Mississippi Ocean Policy Study


                         colleges and universities should offer more
                         courses and graduate programs that prepare
                         students to address issues relating to ocean
                         and coastal management and policy.
                              N Efforts to develop closer long-term
                         research collaboration between the Bureau of
                         Marine Resources, The USM Center for Ma-
                         rine Sciences, the Gulf Coast Research Lab,
                         and the Mississippi-Alabama Sea Grant Con-
                         sortium should continue with renewed vigor.
                              0 Efforts spearheaded by the Gulf State
                         Marine Fisheries Commission to establish a
                         coordinated data collection program in the
                         Gulf of Mexico should be strongly supported.
                         The existing state-federal Cooperative Statis-
                         tics Program and SEAMAP should also be
                         strengthened and integration with state agen-
                         cies improved.
                              N BMR's efforts to create strategic man-
                         agement plans should be encouraged. Long-
                         term research priorities should be an impor-
                         tant part of the strategic planning process.
                         Once determined, research priorities should
                         be supported at the highest levels and pro-
                         tected from opposing political pressures.
                              E The state should continue to pursue
                         efforts to improve public awareness and edu-
                         cation. Methods such as the publication of a
                         Gulf of Mexico atlas or a citizen's guide to
                         environmentally sensitive land use practices
                         would help promote a broad-based under-
                         standing of the ecological and economic value
                         of marine resources in the Gulf region.
                              0 Mississippi should develop a market-
                         ing and promotional strategy to diversify and
                         expand the state's ocean research and devel-
                         opment opportunities and to attract federal
                         research and development funding.







                                                                                  Mississippi Ocean Policy Study 10.7


       Sources
       Books, Periodicals, and Pal2ers

       Christie, "Florida's Ocean Future: Toward a State Ocean Policy," prepared for the Governor's
             Office of Planning and Budgeting (1989).

       Farrington, "Marine Education," 33 Oceanus 5 (Fall 1990).

       "Fisheries Management of the Gulf of Mexico," 1 Water Log 1 (Spring 1981).

       Gulf Coast Research Laboratory, Information Sheet on the Gulf Coast Research Laboratory.

       Gulf Task Force, Preliminary Assessment of Non-Fuel Mineral Resources In the Outer Continental
             Shelf Exclusive Economic Zone of the Gulf of Mexico (1989).

       "Lab Begins Fifth Decade of Marine Science Leadership," 16 Marine Briefs 1 Uanuary 1988).

       Marine Minerals TechnologyCenter, Continental Shelf Division, Semi-Annual Technical Progress
             Report (1990).

       Milroy, Creating the College of the Sea: The Origin of The Sea Grant Program (1983).

       Mississippi-Alabama Sea Grant Consortium, Information Sheets on Marine Discovery Pro-
             gram.


       Mississippi Museum of Natural Science, Brochures on the Mississippi Museum of Natural
             Science.


       Mississippi Museum of Natural Science, Brochures on Project WILD.

       Persistent Marine Debris Challenge and Response: The Federal Perspective.


       "Trash on America's Beaches: A National Assessment of Beach Debris," Marine Conservation
             News 9 (Fall 1989).


       U.S. Congress, Office of Technology Assessment, Marine Minerals: Exploring Our New Ocean
             Frontier (1987).


       Wildman and Ross, "Sea Grant's Role in Maxine Education," 33 Oceanus at 39 (Fall 1990).







                                                                                           Mississippi Ocean Policy Study 11.1




                                               MARINE
                                             SALVAGE
                                          AND FINDS




           Background                                          as Spanish control gave way to a French in-,
                The Mississippi Gulf Coast possesses a         fluence that culturally persists to this day.
           rich and diverse historical background.While        France's political dominion over the region
           today the area is known primarily for its resort    east of the Mississippi River ended in 1763
           ambience, marine research facilities, shrimp        when the Mississippi coast became part of
           fleets, and shipbuilding capabilities, it is im-    British West Florida. However, the era of
           portant to remember the vital role this area        British dominance was short-lived and came
           played in history. Ever since Ponce de Leon         to a close following the War of 1812.
           embarked on his epic search for the fabled city          By the 1830s, a thriving tourism industry
           of Eldorado in 1513, a steady succession of         had developed on the coast, fed by the arrival
           explorers, beginning with the Spaniards             of steamboats plying the waters between New
           Alonso, de Pineda. in 1519 and Panfilo de           Orleans and Mobile. In the years following
           Navarez in 1528, has brushed the Mississippi        the Civil War the coast witnessed a period of
           coast. In 1540 Hernando de Soto crossed             intense economic activity. Tbese"boorn years"
           Mississippi by land to reach the Mississippi        were fueled by the Gulf Coast's rising repu-
           River. The region initially came under              tation as a health and vacation resort area, a
           Spanish influence, although no permanent            resurgence of the shipbuilding industry, and
           colonies were established on Mississippi's          the growth of lumber and fishing as important
           coast. This early period culminated in 1682         economic activities for the area.
           when La Salle, moving southward, reached                 With such a diverse history it is no sur-
           themouthof the Mississippi Riverand claimed         prise that many of the vessels which brought
           the surrounding region for France. Seventeen        multitudes of people from different nations
           years later Sieur d7berville established the        or parts of the country have been left in Mis-
           first permanent European settlement at Fort         sissippi waters. The relics sunken in the
           Maurepas in present-day Ocean Springs. This         state's waters have the potential to reveal
           marked a turning point in the coast's history,      even more than is currently known about







        11.2 Mississippi Ocean Policy Study


                          Mississippi's coastal history. While ship-           There was some conflict regarding this point,
                          wrecks are important historical and archaeo-         for in some cases the federal courts concluded
                          logical sites, without propermanagement they         that the law of salvage and finds still applied
                          could be lost without the state ever taking          to abandoned shipwrecks regardless of state
                          advantage of the valuable historical informa-        statutes to the contrary.
                          tion available from them. The following dis-              In 1988 ambiguities concerning owner-
                          cussion describes the current regulatory             ship and management of abandoned ship-
                          structure surrounding management of sub-             wrecks in state waters were resolved when
                          merged shipwreck sites.                              President Reagan signed into law the Aban-
                                                                               doned Shipwreck Act of 1987, 43 U.S.C. ï¿½ï¿½
                          The Abandoned Shipwreck Act of 1987                  2101 et seq. (1988). Under the Act, Congress
                               The questions surrounding marine sal-           gives the states responsibility to manage a
                          vage, finds, and historic preservation involve       broad range of resources in state waters and
                          not only who has the right of title to sub-          submerged lands, including certain aban-
                          merged relics but also who has the responsi-         doned shipwrecks. The Act asserted title for
                          bility to manage them. Prior to the adoption         the United States to any abandoned ship-
                          of the Abandoned Shipwreck Act of 1987,              wrecks that are embedded in submerged lands
                          there was some question regarding who                or coralline formations protected by a state,
                          owned these shipwrecks. Many states passed           and on submerged lands of a state that are
                          legislation claiming ownership of the sites in       included in or determined eligible for inclu-
                          accordance with the federal Submerged Lands          sion in the National Register. The Act then
                          Act. However, this position was legally chal-        transferred titleto theseshipsto theproperstate.
                          lenged by salvors and others who claimed                  In order to assist states in their manage-
                          that admiralty law, particularly the law of          ment duties, the Act directs the Secretary of
                          salvage and finds, applied. Under the law of         Interior, acting through the National Park
                          salvage, the original ownerretains, ownership        Service (NPS), to develop guidelines for states
                          but the salvor is entitled to a reward for sal-      and federal agencies to follow in designing
                          vaging that is in proportion to his labor, ex-       and implementing management programs.
                          penses, skill, the degree of peril to the salvor     According to the guidelines, "abandoned ship-
                          or to the property, and the value of the prop-       wreck" refers to any shipwreck to which title
                          erty involved. The law of finds holds that an        has been given up by the owner with no intent
                          individual gains title when he takes posses-         of ever claiming a right or interest in the
                          sion of and control over abandoned property.         property in the future. The term "historic
                               When the Submerged Lands Act was                shipwreck" is defined as one listed in or deter-
                          passed, many states assumed that it vested           n-dned eligible for listing in the National Reg-
                          title in them to shipwrecks within their terri-      ister of Historic Places. Eligibility can be
                          torial waters. The Act was ambiguous on this         determined on request by the Secretary of the
                          point. While the Act did transfer to states title    Interior. Distinction between an abandoned
                          to all submerged land and natural resources          shipwreck and a historical shipwreck becomes
                          within a general three-mile belt extending           important with respect to how they may be
                          seaward from the state's coastline, it did not       managed. The guidelines stress that utmost
                          specifically address the issue of shipwrecks.        care be given to protect and preserve histori-







                                                                                             Mississippi Ocean Policy Study 11.3


        cal shipwrecks.                                        resources of the state.
              Among other matters that the NPS                       The Antiquities Act establishes a permit
        guidelines address are recommendations                 system under which, upon the board's ap-
        concerning funding for the management pro-             proval, a permit may be issued allowing in-
        gram. Among them are (1) seeking appropria-            terested parties to enter into contracts with
        tion of federal and state funds; (2) seeking           state agencies and qualified private institu-
        available funds such as grants or loans from           tions for the discovery and salvage of sunken
        the Historical Preservation Fund; (3) seeking          or abandoned ships. The contracts must be
        funding from private grants or organizations;          specific regarding the site's location, the nature
        (4) requiring fees for access and salvage (in          of the activity, and the expected time period
        establishing a permit system for commercial            for the operation. The contracts should be
        salvage); (5) inviting commercial participa-           filed in the county where the operatio      'n is to
        tion (for example, allowing salvors to retain          take place, and subject to the board's discre-
        an extensive percentage of what they recover);         tion, the contract may provide for fair com-
        (6) inviting the @enthusiastic participation of        pensation for the salvage, either in terms of a
        recreational divers who could assist in map-           reasonable cash amount or a percentage of the
        ping, surveying, inventorying, and evaluat-            objects recovered. Currently, the Department
        ing the sites.                                         of Archives and History is attempting to
                                                               implement a management program. Reports
        MississippiManagementof ShipwreckSites                 from the department indicate
             The Mississippi Legislature passed the            that they are assimilating infor-
        Antiquities Act of 1988, Miss. Code Ann. ï¿½ï¿½            mation from otherstates, includ-
        39-7-1 et seq. (1990), which specifically de-          ing Florida, North Carolina, and
        dares that all sunken or abandoned ships and           Virginia, all of which have
        wrecks embedded in state-owned lands (in-              strong programs in place. How-
        cluding submerged lands) are state archaeo-            ever, due to understaffing (the
        logical landmarks and the sole property of the         department does not even have
        state. The Act also gives the state the power to       an underwater archeologist on
        "locate, protect, and preserve all shipwrecks          staff), the implementation pro-
        of historical, archaeological, educational, or         cess is progressing at a very slow
        scientific interest." The Act then specifies that      rate. As of this time, no applica-
        it applies to "sunken or abandoned ships and           tions for permits have been re-
        wrecks of the sea or any part or the contents          ceived. Furthermore, while
        thereof."                                              USGS quad maps indicate the
             The Act gives the Board of Trustees of            existence of several shipwrecks,
        the Department of Archives and History the             the department reports that it is
        authority to administer its provisions. The            only aware of one eighteenth-
        duties of the board under the Act consist of           century vessel buried in the
        designating state archaeological landmarks,            Biloxi Bay area. There has been
        providing for the discovery and salvage op-            no significantattempt to salvage
        erations, requesting and issuing permits, and          this vessel, partly due to the fear
        protecting and preserving the archaeological           of potential damage to the site.







           11.4 Mississippi Ocean Policy Study


                            Ocean Policy Challenges
                                 0 The Department of Archives and His-
                            tory should be provided with sufficient re-
                            sources to implement a shipwreck manage-
                            ment plan pursuant to the Mississippi An-
                            tiquities Act.
                                 E State agencies entrusted with the au-
                            thority to enforce the Mississippi Antiquities
                            Act should be provided with adequate re-
                            sources to carry out their duties. Adequate
                            deterrence is only possible if the state enacts
                            stiff fines and penalties for violation of its
                            policies.
                                 E Mississippi should investigate the
                            availability of outside funding sources to en-
                            large and enhance its program to locate and
                            protect submerged archaeological finds.







                                                                                Mississippi Ocean Policy Study 11.5


       Sources
       Books. Rel2orts and Periodicals

       Bondareff, "Protection of Historic Shipwrecks in State Waters," in Coastal Zone '89 (1989).

       Christie, "Florida's Ocean Future: Toward a State Ocean Policy," prepared for the Governor's
             Office of Planning and Budgeting (1989).

       Collins, "'Managing Historic Shipwrecks in theUnited States," 17CoastalManagement309 (1989).

       Gentile, " Shipwreck Legislation: Legality vs. Morality," Sea Frontiers (January 1988).

       Giesecke, " The Abandoned Shipwreck Act: Affirming the Role of the States in Historic
             Preservation," 12 Columbia - VLA Journal of Law and the Arts 379 (1988).

       Ocean Policy Comn-dttee of the North Carolina Marine Science Council, North Carolina and the
             Sea: An Ocean Policy Analysis (1984).

       Owen, "Me Abandoned Shipwreck Act of 1987.- Good-Bye to Salvage in the Territorial Sea," 19
             Journal of Maritime Law and Commerce 499 (1988).

       U.S. Department of Interior, Abandoned Shipwreck Act Guidelines (1990).

       Federal Statutes and Reggbtions

       Abandoned Shipwreck Act of 1987,43 U.S.C. ï¿½ï¿½ 2101 et seq. (1988).

       Antiquities Act of 1906,16 U.S.C. ï¿½ï¿½ 432 et seq. (1982 and Supp. 1988).

       National Historic Preservation Act, 16 U.S.C.A. ï¿½ï¿½ 470 et seq. (1982 and Supp. 1988).

       Outer Continental Shelf Act, 43 U.S.C.A. ï¿½ï¿½ 1301 et seq. (1982 and Supp. 1989).

       Submerged Lands Acts, 43 U.S.C.A. ï¿½ï¿½ 1301 et seq. (1982 and Supp. 1988).

       State Statutes and RegWations

       Antiquities Law of Mississippi, Miss. Code Ann. ï¿½ï¿½ 39-7-1 et seq. (1990).







                                                                                            Mississippi Ocean Policy Study 12.1




                                    PROTECTED
                                            MARINE
                                               AREAS



         Background                                            property in danger, increases public costs from
              Protected marine areas in Mississippi            storm-related damages, and requires more
         waters consist of its barrier islands. Barrier        costly public infi-astructure than on the main-
         islands have a number of unique geologic and          land. It is now generally acknowledged that
         ecological values. For example, they protect          continued public investments and subsidies
         the bays, estuaries, and mainland communi-            for development on hazardous coastal islands
         ties that lie behind them from the full force of      are a wasteful expenditure of public revenue.
         storms. By shielding estuaries they provide                While many barrier islands on the Atlan-
         calm nursery areas for a wide variety of ma-          tic and Gulf coasts have been developed,
         rine life. The islands themselves provide             Mississippi's barrier islands have largely
         habitat for hundreds of species of birds and          managed to escape this trend. Furthermore,
         wildlife, many of them rare and endangered.           there is now federal legislation in place that
         From a human perspective they provide a               promotes a policy of protecting barrier is-
         number of opportunities for recreational ac-          lands from further development. The follow-
         tivities, scientific research, and a highly sought    ing discussion highlights this regulatory
         (yet hazardous and expensive) place to live.          structure and also briefly notes other efforts
              The harmful effects of development on            being made by the government to protect
         barrier islands have been well documented.            sensitive marine areas.
         The beaches and marshes that make up bar-
         rier islands are fragile, vulnerable, and dy-         Management Scheme
         nan-dc systems, always changing location and          Coastal Barrier Resource Act
         shape. Development on these coastal islands                The first federal statute to coordinate
         often causes destruction of wildlife habitat          environmental protection with fiscal policy
         and deterioration of dunes, beaches, estuar-          was enacted in 1982. The aim of the Coastal
         ies, and other natural coastal resources. In          Barrier Resources Act (CBRA), 16 U.S.C. A. ï¿½ï¿½
         addition, development places lives and                3501 et seq. (1985 and Supp. 1990) is to pre-







                 12.2 MississipVi Ocean Policy Study



                                                                          Summary of Changes to the Coastal Barrier Resources System
                                                                                                           by the 1990 Improvement Act

                                                 State                              Number of Units                Total Acreage                           Fastland Acreages             Miles of Shoreline

                                                                                                 2         3
                                                                                1982   Change Total                1982     Change          Total     1982      Change      Total        1982       Change     Total



                                                 Maine                              12        14           26      1,04S        3,754       4,799      485          602        1,087     10.0       13.4       23.4
                                                 Massachusetts                                is           62      17,214       50,196      67,410    3,971         .1,401     -7a72     70.7       51.6       122.3
                                                 Rhode Island                       11        9            20      4,791        4,240       9,031     1,058         "3         1,501     17.7       9.1        26.8
                                                 Conmecticut                        11        12           23      3,045        2,972       6,017      333          245        578       9.2        4.1        12.3
                                                 New York (Atlantic)                12        29           41      4,635        13,588      19.223    1.131         750        1.881     21.0       22.7       43.7
                                                 New Jersey                         0         9            9            0       8,096       8,096          0        938        939       0.0        10.4       10.4
                                                 Deleware                           2         2            4       1,565        5,380       6,945      517          223        740       17.1       0.4        17.5
                                                 Maryland                           0         36           36           0       7,163       7,163          0        L605       1,605     0.0        28.0       28A
                                                 Virginia                           4         47           51      11.298       36,442      47,740    1.148         1,792      2,940     13.8       62.5       76.3
                                                 North Carolina                     8         1            9       31,913       1,619       33,531    9,610         -2,534     6,076     54.6       .11.9      42.7
                                                 South Carolina                     13        3            16      26,985       70,903      97,789    4,511         3.194      7,705     39.4       21.8       60.2
                                                 Georgia                            6         0            6       33,073       3034        64,407    5,126         S32        5,658     16.2       3.7        19.9
                                                 Florida                            33        34           67      61.575       223.371     294,946   19,378        14,920     34.298    118.8      70.1       188.9
                                                 Alabama                            3         1            4       10,678          703      11,381    2,940         105        3.045     17.6       2.0        19.6
                                                 Mississippi                        4         2            6       4,309        1,672       5,981      557          105         662      9.6        3.2        12.8
                                                 Louisiana                          12        5            17      59,243       292,495     351,738   4,518         8,110      12,628    91.7       86.3       178.0
                                                 Texas                              11        6            17     181,565       10,197      191,762   46,751        .1,179     45,573    161.0      14.9       175.9
                                                 Puerto Rico                        0         '41          41           0       20,349      20J49          0        2,119      2,119     0.0        51.5       51.5
                                                 Virgin Islands                     0         24           24           0       3,77S       3,775          0        639         639      0.0        14.6       14.6
                                                 Ohio                               0         6            6            0       3,187       3,187          0        387         387      0.0        6.3        6.3
                                                 Michigan                           0         46           46           0       18,686      18,686         0        3,609      3,609     0.0        55.2       55.2
                                                 Wisconsin                          0         7            7            0       1,958       1,958          0        259         259      0.0        7.6        7.6
                                                 Minnesoia                          0         1            1            0          940        940          0        269         269      0.0        3.0        3.0
                                                 New York (Great Lakes)             0         21           21           0       6,679       6,679          0        689         689      0.0        16.4       16.4

                                                 Total                              196    374         560       452,834        819,698 1,272,532     100,934       41,224   142,158     666.4      546.9      1,213.3

                                                   1. A. f.                 "-I`R@Act
                                                   2.                      by d. l990Ce.KdB..ilmp-nm Act
                                                   3. ToW in CBM m1kerpsuWafft l"0Cav"BwdwbWwMEM Ad
                                                   4. Lmd I u - @ bkb 6b

                                              Figure 12.1. [1,15"ource: Department of Interior, U.S. Fish and Wildlife Service]
                                              serve the natural resources of undeveloned                                             will be available in the private sector, and that
                                              barrier islands, minimize danger to human                                              there will continue to be consumers willing
                                              life from poorly located development, and to                                           and able to pay the price for development
                                              end federal support for such development.                                              without government aid.
                                              At the heart of the Act is a prohibition on
                                              federal assistance or expenditures, such as                                            Expgnsion of the Coastal Barrier Resource
                                              federal flood insurance, government loans, or                                          5ystem.
                                              other forms of federal assistance or subsidies.                                                The Coastal Barrier Resource System
                                              The idea is that without federal assistance, the                                       originally encompassed only undeveloped
                                              incentive to build will be greatly reduced by                                          barriers and their adjacent ecosystems on the
                                              placing the entire burden of costs and risks on                                        United States' Atlantic and Gulf coasts. As a
                                              the developer and purchaser of coastal prop-                                           result of the success of the program, Congress
                                              erty covered by the Act.                                                               passed legislation in 1990 that expanded not
                                                      The effect the Act will have on the growth                                     only the geographical scope of the CBRA, but
                                              ofbarTier island development is unclear. Much                                          also broadened a number of its definitions.
                                              will depend on the amount of federal assis-                                            (See figure 12.1.)
                                              tance needed to complete a project. It may                                                     The Coastal Barrier Improvement Act of
                                              well be that insurance and other incentives                                            1990, Pub.L. No. 101 -591 (1990) (to be codified







                                                                                         Mississippi Ocean Policy Study 12.3


        at 16 U.S.C. ï¿½ 3502) adopted additions, dele-        tection of barrier islands. For example, the
        tions, or modifications to existing territory        Department of Interiors National Park Ser-
        included in the system (areas are divided into       vice (NPS) maintains nine National Seashores
        "units"). In addition to units being added in        located along coastal islands, and the US.
        areas where the system is already in place           Fish and Wildlife Service manages about 50
        (Mississippi gained two new units) the sys-          national wildlife refuges along barrier island
        tem was expanded to include parts of the             shores. There are additional mechanisms,
        Great Lakes, the Florida Keys, Puerto Rico,          such as the Emergency Wetlands Resources
        and the Virgin Islands.                              Act of 1986, 16 U.S.C. ï¿½ï¿½ 3901 et seq. 0 988),
             Another provision of the new law dealt          which the federal government could use to
        with considerable federal holdings that are          conserve barrier island areas by acquiring the
        within the area targeted by the CBRA, al-            land. These areas could also be protected by
        though not specifically included in the Act.         encouraging land management agencies and
        Although these areas receive protection while        private conservation organizations to acquire
        they are federally owned, a potential problem        these areas.
        could arise if they were sold by the govem-
        m6n-t to private citizens interested in devel-       Marine Protection, Research, and Sanctuaries
        oping them. Therefore, the new legislation           Act of 1972
        calls for the Adn-dnistrator of General Services          Another federal protection measure is
        to consult with the Department of Interior           found in Title III of the Marine Protection,
        (DOI) prior to disposal of excess federal lands      Research, and Sanctuaries Act of 1972
        to determine how much, if any, of the property       (MPRSA), 16 U.S.C. ï¿½ï¿½ 1431 et seq. (1988), which
        may be an undeveloped barrier as defined by          gives the Secretary of Commerce the power to
        the Act.                                             set aside certain ocean waters as National
             Another provision offers state or local         Marine Sanctuaries. The selection of a site
        governments and qualified nonprofit organi-          takes into consideration such things as man-
        zations the opportunity to add to the system         agement concerns, ecological diversity, imme-
        any area owned by the state, local govern-           diacy of need, and potential activity impacts.
        ment, or nonprofit organization. Finally, the             The management program is designed
        Act creates an Interagency Coastal Barriers          to increase and coordinate enforcement and
        Task Force to submit to Congress a report that       monitoring of existing regulations, imple-
        will, among other things, analyze the effects        mentingnewregulations when necessary. The
        federal regulatory activities and tax policies       program does not prohibit all uses, but rather
        under the Act have had on development. The           seeks to manage compatible uses while pro-
        task force's report will also make recommen-         tecting the values of the site by creating a
        dations; for federal policies and legislation        "management plan" for the area. For ex-
        with respect to developed and undeveloped            ample, the 1983 amendments to the Act per-
        barrier islands to promote the protection of         mit the appropriate regional fishery manage-
        coastal barriers and minimization of their de-       ment council to decide how and when regula-
        struction and degradation.                           tions for commercial fishing should be imple-
            The CBRA is not the only mechanism               mented. Restrictions n-dght be placed on such
        available to the federal government for pro-         activities as oil and gas operations, discharges,             TA







            12.4 Mississippi Ocean Policy Study


                              alteration of or construction on the seabed,           numberof theprogram's problems were made
                              vessel traffic, and overflight. The manage-            by The Marine Sanctuaries Review Team,
                              ment plans address such matters as long-term           which released its report on the National
                              research activities, resource interpretive pro-        Marine Sanctuaries Program to NOAA on
                              grams, and description of administration and           February 22,1991.
                              surveillance-enforcement systems.
                                    At present, there are eight designated           National Estuary ProUam
                              national marine sanctuaries: three off the Pa-               Estuaries represent some of the most
                              cific Coast (Cordell Bank, Gulf of the                 fertile habitats on earth. They serve as spawn-
                              Farallones, and Channel Islands), three off            ing, nursery, and feeding grounds for a mul-
                              Florida (Key Largo, American Shoals, and               titude of fish and shellfish. Their wetlands
                              Looe Key), one in the American Samoa                   and shallow waters support waterfowl of all
                              (Fagatele Bay), and two off the Atlantic Coast         descriptions and countless species of other
                              (Grays Reef and U.S.S. Monitor). In addition,          wildlife.
                              there are 10 proposed areas for potential des-               Estuaries are also among the most in-
                              ignation.                                              tensively used habitats. Because of their lo-
                                    The designation process is quite compli-         cation, they are subjected to activities such as
                              cated. Responsibility for the program resides          fishing, shipping, tourism, recreation, boat-
                              with the National Oceanic and Atmospheric              ing, waste disposal, industrial processes, and
                              Administration's (NOAA) Office of Ocean                commercial or residential development. The
                              and Coastal Resources (OCRM). Not only                 effects of theseactivities cause enormous stress
                              must OCRM prepare a prospectus, environ-               on fragile estuarine areas.
                              mental impact statements, and management                     To address the issues facing estuaries,
                              plans, it must also provide for public input           Congress established the National Estuary
                              and congressional committee approval in                Program in 1987. Operating under the Clean
                              practically all phases of the designation pro-         Water Act, the program endeavors to estab-
                              cedure. Even after federal approval is granted,        fish a comprehensive management plan that
                              the governor of any state where the sanctuary          protects and enhances estuaries and their re-
                              might include state waters can disapprove the          sources. The approach is one built on part-
                              site as far as it impacts that state's waters. This    nership. The states take a lead role by iden-
                              designation process is time-consuming and              tifying areas to be recommended for partici-
                              has stifled the growth of the National Marine          pation in the program. Once included, a
                              Sanctuary Program.                                     range of participants from federal agencies,
                                   The Program's growth has been further             state and local governments, citizens, user
                              retarded by other considerations, such as the          groups, and others work to develop a Com-
                              need for oil and gas, political factors, and           prehensive Conservation and Management
                              budget limitations. Nevertheless, the 1988             Plan that identifies environmental problems
                              amendments to the Act requested the desig-             and details how to solve them.
                              nation of four new sanctuaries, the prepara-                The National Estuary Program currently
                              tion of prospectuses for two other new sanc-           includes 12 estuaries, all in different stages of
                              tuaries, and the study of potential sanctuary          development. While none of the areas cov-
                              sites. Furthermore, attempts to address a              ered by the program are in Mississippi, state







                                                                                           Mississippi Ocean Policy Study 12.5


         policymakers may want to consider making             is to preserve for public use and enjoyment
         attempts to participate in its protection ef-        certain areas possessing outstanding natural,
         forts. The program is a young one, but its 1990      historic, and recreational values. Cat Island is
         Report to Congress advances that already             privately owned, and thus is not part of the Gulf
         important lessons have been learned. One of          Islands National Seashore. It is, however, cov-
         the most important is that the                                        ered under the Coastal Barrier
         most critical choices for coastal                                     Resources Systern.
         areas are made by state and                                                The NPS is for the most
         local governments. Thus, par-                                         part limited to protecting re-
         ticipation at the state and local                                     sources and providing for or-
         level is necessary to protect                                         derly use of the seashore. The
         coastal resources.                                                    NPS also carries out coopera-
                                                                               tive research efforts on the Mis-
         Present Status in Mississippi                                         sissippi barrier islands. For
              While M    7ississippi law                                       example, a project conducted
         empowers the Mississi i                                               in 1986 sought to reestablish
                                      ppi
         Comn-dssionon Wildlife, Fish-                                         bald-eagle populations in the
         eries, and Parks to establish                                         United States. The NPS also
         sanctuaries in order to protect                                       helps promote programs such
         fishing resources, the state has                                      as the "Adopt-A-Beach" pro-
         not set aside any marine areas                                        gram, which involves the pub-
         to be specifically regulated for                                      lic in helping to remove ma-
         their protection. Neither has                               Ae        rine trash from the beaches.
         the federal government designated or pro-                 NPS only has proprietorial jurisdiction,
         posed a national marine sanctuary to encom-          which does not give it the authority to deal
         pass any of the Mississippi waters.                  with many criminal activities that may occur
                                                              on the barrier islands within the Gulf Islands
         Barrier Islands and The National Gulf Sea-           National Seashore. This means that the state
         shore                                                and its subdivisions are responsible for pri-
              The four primary islands that make up           mary law enforcement, and that most serious
         the barrier system in the Mississippi Sound          crimes are handled in accordance with state
         are Cat Island, Ship Island, Horn Island, and        laws and by state officers. According to fed-
         Petit Bois Island. Of these, Ship, Horn, and         eral officials, this arrangement has led to con-
         Petit Bois Islands are part of the National Gulf     fusion and conflict between federal and state
         Seashore and are therefore partially protected       personnel and needs to be corrected.
         by the NPS. Mississippi is very fortunate to be           In addition to the offshore barrier is-
         part of this unique system, which provides           lands, there are two nearshore islands off the
         important protection for the state's barrier         mainland coast. Deer Island, which is in
         island resources. The National Park Service's        Harrison County and very close to the City of
         jurisdiction is pursuant to 16 USCA ï¿½ï¿½ 459h          Biloxi, protects the mainland beaches of Biloxi.
         (1988), which states that the purpose for the        Limited development of the island has been
         establishment of the National Gulf Seashore          attempted in the past. Round Island, which is







           12.6 Missigsippi Ocean Policy Study


                            in Jackson County, is directly south of Pasca-      Ocean Policy Challenges
                            goula Bay. With the exception of a lighthouse,           0 The state should continue to protect
                            development has never been attempted on             undeveloped barrier islands, using all means
                            this island. Both of these islands are covered      available to it, such as wetlands protection
                            by the Coastal Barrier Resources System.            provisions of the Coastal Program and the
                                 The Mississippi Coastal Wetlands Pro-          CBRA. The state should also consider re-
                            tection Law, ï¿½ï¿½ 49-27-1 et seq. (1990), ex-         questing that any state or locally owned areas
                            presses the state's concern over the manage-        not covered by the CBRA be added to the
                            ment of the barrier islands. The Act specifies      system pursuant to the provision of the re-
                            that the natural state of the coastal wetlands      cently passed Coastal Barriers Improvement
                            and their ecosystems should be protected and        Act. Finally, the state should support efforts
                            preserved, unless a specific alteration would       to increase the amount of regulatory protec-
                            serve a "higher public interest" and would          tion offered by the Coastal Barrier Resources
                            comply with the purpose for which the wet-          Act.
                            lands are held. The n-dssion of the Coastal              M The Mississippi barrier islands that are
                            Wetlands Protection Law is implemented by           part of the Gulf Islands National Seashore
                            the regulations found in the Mississippi            would benefit from the enhanced protection
                            Coastal Program. The Mississippi Commis-            brought about by the expansion of federal
                            sion on Wildlife, Fisheries, and Parks has          proprietorial jurisdiction into full-fledged
                            ultimate responsibility for administration of       police jurisdiction. To avoid conflicts be-
                            the Coastal Program, while daily manage-            tween goals of various state and federal
                            ment is carried out by the Bureau of Marine         agencies, cooperative measures should be
                            Resources (BMR).                                    adopted to provide a comprehensive and
                                 Even before enactment of the CBRA the          consistent regulatory scheme.
                            Coastal Program was used to prevent harm-                N Thestate should examine the feasibility
                            ful development on the barrier islands. For         of recommending state estuarine areas for
                            example, in 1981 the commission denied a            inclusion in the National Estuary Program.
                            permit to the Deer Island Development Cor-
                            poration, to build a utilities corridor from the
                            mainland to the island. The corporation had
                            intended to build condominium cabins, a
                            swimming pool, and tennis courts on this
                            island, which in its natural state serves as an
                            important nursery and breeding area for many
                            different species of wildlife.
                                 Following BMR's evaluation of the per-
                            mit request, the commission unanimouslyde-
                            nied the corporation's permit application be-
                            cause the proposed activities were inconsis-
                            tent with the goals and policies of the Coastal
                            Program and would have damaged coastal
                            wetlands, and, ultimately, the public interest.







                                                                                    Mississippi Ocean Policy Study 12.7


         Sources
         Books. ftorts, and Articles

         "A Chance to Expand the Coastal Barrier System," Barrier Islands Newsletter (May 1985).

         Boyd, "Mississippfs Shipshape Beach," the Jackson Clarion Ledger at Weekend Section (16 Au-
                gust 1990).

         Cava, "Information Technology: A Key to Effective Marine Sanctuary Management," Coastal
                Zone '89 (1990).


         "Chevron Presents Grant to Bureau of Geology," 9 77w Resource 1 (February 1989).

         "Coastal Barrier Legislation: It's On the Move!" Barrier Islands Newsletter (August 1990).

         Cofer-Shabica, "Ponds and Lagoons of Gulf Islands National Seashore," Barrier Islands: Process
                and Management, ed. Stauble (1989).

         "Deer Island Update," 2 Water Log 5 (Winter 1982).

         Driessen, "National Marine Sanctuaries: A Public Trust," Sea Frontiers (July 1988).

         Environmental Protection Agency, Region IV Barrier Islands Policy Statement ( 1980).

         Gulf Islands National Seashore, Land Protection Plan and Statement for Management (July 1988).

         Gulf Islands National Seashore, The Gulf Islands Barnacle (1990).

         Jones, "Building on the Coastal Barriers Resource Act,"in Barrier Islands: Process and Manage-
                ment, ed. Stauble (1989).


         Knowles, "Analysis of Barrier Island Dynamics for Ship-Channel Planning At Ship Island,
                Mississippi," in Barrier Islands: Process and Management, ed. Stauble (1989).

         'lab Volunteers Participate in Eagle Reintroduction Effort," Marine Briefs 3 (Apri 1986).

         "Oceans and Coasts," in World Resources 1988-89 (1988).


         "The Marine Sanctuaries Program" 2 Water Log 1 (Fall 1982).

         U.S. Department of Commerce, National Oceanic and Atmospheric Administration, Office of
                Coastal Management, Barrier Islands Development Near Four National Seashores (1981).







        12.8 Mississippi Ocean Policy Study


                         U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National
                               Marine Sanctuary Program: Status Report (1990).

                         U.S. Department of Interior, National Park Service, "Gulf Islands Official Map and Guide."

                         U.S. Department of Interior, Report to Congress: Coastal Barrier Resources System: Recommenda-
                               tions for Additions to or Deletions from the Coastal Barrier Resources System (1989).

                         Watzin, "Coastal Barrier Resources Act Report to Congress," in Barrier Islands: Process and
                               Management, ed. Stauble (1989).

                         Weber, "Opinion: Re-Authorization of the Marine Sanctuaries Program," 3 Water Log 4 (Winter
                               1983).


                         Federal Statutes and RegiLations


                         Coastal Barrier Resources Act, 16 U.S.C. ï¿½ï¿½ 3501 et seq. (1985 and Supp. 1990).

                         Marine Sanctuaries Act, 16 U.S.C. ï¿½ï¿½ 1431 et seq. (1984 and Supp. 1990).

                         National Parks, Military Parks, Monuments, and Seashores, 16 U.S.C. ï¿½ï¿½ 20 et seq. (1985 and
                               Supp. 1990).

                         Regulations Governing Gulf Islands National Seashore, 36 C.F.R.ï¿½ 7.12 (1990).



                         State Statutes and RegWations


                         Fish, Game, and Bird Protection and Refuges, Miss. Code Ann. ï¿½ï¿½ 49-5-1 et seq. (1990).






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                                                                                        Mississippi Ocean Policy Study 13.1

                             MANAGEMENT
                     FRAMEWORKS FOR
            IMPROVED INTERSTATE,
                  INTERAGENCY, AND
             CITIZEN PARTICIPATON


          Background                                         ocean and coastal issues in a coordinated
               The Gulf of Mexico is a marine ecosys-        manner, even though Mississippi participates
          tem defined by distinct and interrelated           in interstate and federal-state cooperative re-
          oceanographic and biologic features. It is a       search programs such as the Gulf States Ma-
          semi-enclosed subtropical sea with predomi-        rine Fisheries Comn-tission, the Environmen-
          nately circular currents and limited inflow        tal Protection Agency's Gulf of Mexico Pro-
          and outflow from the Atlantic Ocean. Tide          gram, and the Gulf Marine Hard Mineral Task
          and current patterns tend to confine buoyant       Force. State representatives also serve in a
          marine debris and other pollutants within the      policy-making capacity on the Gulf of Mexico
          Gulf to a much greater extent than is the case     Fishery Management Council. However, none
          along the Atlantic or Pacific coasts. A variety    of these regional organizations is capable of
          of fisheries stocks of great commercial and        addressing the full range of ocean policy is-
          recreational value migrate throughout the          sues facing the state.
          Gulf, unhindered by existing state, federal,            Mississippi"s, present institutional
          and international political boundaries.            framework is geared primarily toward the
               It is clear that environmental damage         management of single ocean uses such as
          and resource allocation decisions in one part      fisheries or offshore oil and gas development.
          of the Gulf can have a significant impact on       Few formal structural mechanisms exist to
          other parts. Because ocean management              promote the integrated and comprehensive
          problems in the Gulf in general, and in the        management of the state's ocean areas. For
          Mississippi Sound in particular, are the result    example, unlike many coastal states, Missis-
          of multistate and international activities, ef-    sippi has no govemment-sponsored ocean
          fective solutions will require improved inter-     and coastal advisory panels, interagency
          state and interagency cooperative efforts.         management committees, or citizens" advi-
              To date, the coastal states of the Gulf        sory groups.
          region have not attempted to address areawide          Although state agency personnel in Mis-







         13.2 Mississippi Ocean Policy Study


                           sissippi interact on an informal basis with           clearly express the importance of protecting
                           colleagues from other agencies and with the           and properly managing the state's ocean re-
                           public, there is no formal institutional              sources. It should designate the Bureau of
                           mechanism that provides coordinated state             Marine Resources (BMR) as the primary
                           action concerning ocean policy decisions. The         agency for coordinating the state ocean man-
                           Commission on Wildlife, Fisheries and Parks           agement program. BMR is the appropriate
                           is statutorily empowered to coordinate ma-            lead agency because of its broad regulatory
                           rine policy initiatives, but to date has not          mandate over ocean activities, its in-house
                           created a formal framework to ensure that             technical expertise, and its extensive experi-
                           coordination is carried out. Miss. Code Ann.          ence in implementing the state's coastal pro-
                           ï¿½ 57-15-5 (1989).                                     gram.
                                 No agency or bureau has been delegated                The legislation should also create a Nfis-
                           the authority to coordinate and review fed-           sissippi Ocean Resources Task Force to advise
                           eral, state, and regional permit and planning         and assist the governor and legislature on
                           projects and to effectively integrate agency          ocean-related matters and to develop a Mis-
                           actions. Currently, each agency and legisla-          sissippi Ocean Resources Management Plan.
                           tive committee tends to formulate its own             In addition to establishing the procedures for
                           policy goals guided by its narrow perception          selecting task force members, the legislation
                           of the interests of its constituents. As a result     should describe how the Ocean Management
                           their regulatory actions have been character-         Plan should be organized, the type of analysis
                           ized by overlapping jurisdictions and author-         it should incorporate, and how it should be
                           ity, and uncoordinated development and                reviewed, distributed, and implemented.
                           management efforts. The public, moreover, is          Provisions should be included that specify
                           very often excluded from the ocean policy             state agency responsibilities and cooperative
                           decision-making process.                              arrangements for the preparation of the plan.
                                                                                 County governments should be assured that
                           State Ocean Management Legislation                    any state program will be compatible to the
                                Mississippi must adopt state ocean policy        maximum extent practicable with any local
                           legislation as the first step in the development      land use plans currently in force. There should
                           of a comprehensive and integrated framework           also be some procedure for federal agencies
                           for managing its ocean resources. In the ab-          with ocean resource regulatory responsibili-
                           sence of appropriate enabling legislation there       ties to designate a non-voting liaison to the
                                  will be little incentive for agencies and      task force. Federal representatives could re-
              et                  ocean interest groups to work together         spond to task force requests for technical and
                                  to modify the existing management sys-         policy informationand keep the federalagency
                                  tem. The following discussion proposes         apprised of the task force's activities. Finally,
                                  and explains new state ocean manage-           the legislation should provide a mechanism
                                  ment legislation. (For the full text of the    to encourage public participation in the de-
                                  proposed model legislation, see appen-         velopment and implementation of the plan.
                                  dix 1.) First, the legislation should in-      This should include opportunities for public
                                  clude a detailed set of legislative find-      hearings to solicit ideas, opinions, and informa-
                                  ings and declarations of purpose that          tion prior to the plan's publication, and as broad







                                                                                          Mississippi Ocean Policy Study 13.3


         a distribution of the completed plan as possible.         A scientific and technical advisory com-
                                                              mittee should assist the task force by provid-
         Proposed Mississippi Ocean Resource                  ing advice and research on ocean-related pro-
         Task Force                                           gramsand activities. Membership of the com-
              The principle duties of the proposed            mittee should be composed of experts in the
         Mississippi Ocean Resource Task Force would          fields of marine science, law, or technology
         be to provide a broad-based forum for dis-           appointed by the task force chairman; state
         cussing ocean resource issues; to assist in the      agency technical staff and university faculty
         coordination of agency and legislative actions,      designated by the directors of the agencies
         to plan, coordinate, develop, and implement          represented on the task force; and the planning
         the Mississippi Ocean Resources Management           directors of each of the three coastal counties.
         Plan; to encourage improved public partici-
         pation in the ocean decision-making process;         Mississippi Ocean Resources
         and to recommend interstate and state-federal        Management Plan
         cooperative ocean management programs.                    The task force is charged with the re-
              Task Force membership should consist            sponsibility of preparing and coordinating
         of six ex officio members or their designees,        the implementation of a proposed Mississippi
         including the Director of the Department of          Ocean Resources Management Plan. As envi-
         Wildlife, Fisheries, and Parks; the Director of      sioned, the plan would address a broad range
         the Department of Environmental Quality;             of ocean issue areas and provide specific
         the Director of the Department of Economic           recommendations to develop or improve state
         Development; the Secretary of State; the Di-         agency programs. It is not intended to serve
         rector of the Mississippi-Alabama Sea Grant          as a compulsory coastal and ocean use plan.
         Consortium, and a representative from the            Nothing in the proposed Ocean Resources
         governor's office. Seven additional voting           Management legislation or Ocean Resources
         members should be appointed by the gover-            Management Plan changes the statutorily or
         nor representing each of the following user          constitutionally mandated responsibilities of
         groups: (1) commercial fishing; (2) charter,         any state agency.
         sport, or recreational ocean fishing; (3) n-dn-           In preparing the management plan, the
         eral or energy production; (4) marine trans-         task force should inventory and analyze state
         portation; (5) recreation and tourism; (6) ocean     and federal laws and regulations pertaining
         research interests from the public or private        to ocean resources management within or
         sector, such as marine mining, ocean energy,         directly affecting Mississippi"s territorial sea
         fisheries, or marine biotechnology; and (7) the      and adjacent exclusive econon-dc zone, as well
         public state university system. Three voting         as existing management plans developed by
         representatives from the general public should       state agencies. It should also inventory exist-
         be appointed as members by the governor. At          ing and potential uses and activities in the
         least one of the public appointees must be a I       ocean off the coast of Mississippi, analyze
         representative of an environmental organiza-         potential impacts to ocean and coastal re-
         tion. The director of the Department of Wild-        sources and coastal communities from these
         life, Fisheries, and Parks orhis designee should     activities, and evaluate the ability of state
         serve as Task Force chairman.                        agencies to manage those uses consistent with







           13.4 Mississippi Ocean Policy Study


                            the proposed legislation. Special emphasis           Management Act. This new legislation makes
                            should be placed on analyses of state laws,          funds available for states that endeavor to
                            rules, authorities, or programs that conflict        improve their coastal management programs
                            with one another or that need to be modified         in one of eight identified areas, of which ocean
                            or eliminated, as well as laws, rules, or pro-       resource planning is one.
                            grams that may need to be enacted in order to              Other funding potential could be found
                            provide for coordinated, comprehensive               by using a portion of the state's receipt of
                            management of ocean resources.                       OCSLA Section 8(g) funds or revenue from
                                 Specific recommendations should be              state offshore oil and gas leases. State special
                            developed that contain: (1) a brief statement of     funds that may become available in the future,
                            the issues or need requiring the recommended         such as gambling revenue or fees from salt-
                            action; (2) a description of how the recom-          water fishing licenses, could be earmarked for
                            mendation will address the issues or meet the        this use as well.
                            identified need; (3) policies and objectives; (4)          Finally, the state should investigate
                            a brief work program describing the actions          methods of acquiring funds from existing
                            necessary to carry out the recommendation;           federal sources. Opportunities may be avail-
                            (5) a list of state agencies or programs to be       able under ocean-related legislation such as
                            affected by the recommendation; (6) an esti-         the Saltonstall-Kennedy Program, the Upton-
                            mate of the time and costs required to carry         Jones Act, or the Wallop-Breaux Act. Other
                            out the recommendation; and (7) any change           federal funding rrtight be found with the EPA
                            in state law that may be required.                   Near Coastal Waters Program, other EPA
                                 Recommendations for a permanent ocean           water resources grants programs, or with the
                            resources planning management process                Mineral Management Service's environmen-
                            should also be developed. Among the issues           tal studies program.
                            considered should be options for an advisory
                            coordinating body to succeed the task force;         Conclusion
                            the formation of advisory committees; the                 Mississippi is responsible for the man-
                            role of the governor, state agencies, federal        agement of a broad range of ocean resource
                            agencies, citizens, interest groups, and ocean       uses in its territorial sea and for the coordi-
                            users; and a process for plan update and             nation of federal activities in the ocean areas
                            amendment.                                           beyond. The days are past in which it was
                                                                                 possible to effectively manage different ocean
                            Funding                                              uses on a case-by-case basis. Today's ocean
                                 In light of recent state budget constraints     managers are faced with increasing user con-
                            and the decline in funding of BMR and other          flicts and deteriorating environmental condi-
                            state resource management agencies (see fig-         tions. Dealing with the demands placed on
                            ure 8.3), it is important that the state examine     the state's ocean areas will require a coordi-
                            outside funding opportunities available for          nated and equitable management program. It
                            the Ocean Resources Management Program.              is in the interest of all Mississippians that the
                            For example, the potential exists to receive         state take reasonable steps today to improve
                            significant federal funding through recently         its ocean management capabilities by establish-
                            passed amendments to the Coastal Zone                ing a coordinated management framework.







                                                                                        Mississippi Ocean Policy Study 13.5


              The proposed Mississippi Ocean Re-
        sources Management Program is intended to
        serve as a valuable planning tool for state
        government. If adopted, it will provide the
        governor, state agencies, and the legislature
        with options that will enable them to better
        manage the state's ocean resources. The goal of
        this ocean policy study is to lay the foundation
        for the creation of a comprehensive ocean man-
        agement program. Developing an effective
        ocean resource management scheme is a great
        challenge for state policyrnakers. The rewards,
        however, are equally great. Taking responsi-
        bility for the wise use and management of
        Mississippi's abundant ocean resources pre-
        sents not only countless possibilities for hu-
        man benefit and enjoyment for this genera-
        tion, but more important, will preserve the
        ocean's bounty for future generations.







                                                                                                               Appendix 1


           MODEL MISSISSIPPI OCEAN RESOURCES MANAGEMENT PLANNING ACT


       Section
               1       Policy
               2       Mississippi Ocean Resources Management Program; Establishment
               3       Definitions
               4       Mississippi Bureau of Marine Resources; Primary Coordinating Agency
               5       Mississippi Ocean Resources Task Force; Establishment
               6       Scientific and Technical Advisory Committee; Establishment
               7       Powers and Duties of the Task Force
               8       State Agency Responsibilities and Cooperation
               9       Coordination with Federal Agency Programs
               10      Compatibility with County Land Use Plans
               11      Public Participation
               12      Preparation of Plan
               13      Mississippi Ocean Resources Management Plan Process
               14      Distribution of Proposed Plan Copies
               15      Appropriations
               16      Effective Date


               Section 1 [Policy.]
       It is the policy of the state to:
               (1)     Exercise an overall conservation ethic in the use of MississippVs ocean resources;
               (2)     Encourage ocean resources development which is environmentally sound and
                       economically beneficial;
               (3)     Provide for efficient and coordinated ocean resources and activities manage-
                       ment;
               (4)     Assert the interests of this state as a partner with federal agencies in the sound
                       management of the ocean resources within theUnitedStates exclusive economic
                       zone,
               (5)     Promote research, study, and understanding of ocean processes, marine life, and
                       other ocean resources to acquire the scientific inventory information necessary
                       to understand the impacts and relationship of ocean development activities to
                       ocean and coastal resources; and
               (6)     Encourage research and development of new, innovative marine technologies
                       for exploration and utilization of ocean resources.

               Section 2 [Mississippi Ocean Resources Management Program; establishment.]
       To assure the conservation and development of ocean resources affecting Mississippi that are
       consistent with the purposes of this chapter, a coordinated program for the planning of ocean
       resources and activities management is established. This program shall be known as the
       Nfississippi Ocean Resources Management Program. The Mississippi Ocean Resources Man-
       agement Program shall consist of







          Appendix 1


                                    (1)     The Mississippi Ocean Resources Task Force as established in this chapter, any
                                            successor to the task force, and any cooperative agreements entered into by the
                                            task force or its successor; and
                                    (2)     The Mississippi Ocean Resources Management Plan as prepared and imple-
                                            mented pursuant to this chapter.


                                    Section 3 [Definitions.]
                            As used in this chapter unless the context requires otherwise:
                                    "Task Force" means the Mississippi Ocean Resources Task Force.
                                    "'Exclusive economic zone"' has the meaning set forth in Presidential Proclamation 5030
                            issued March 10, 1983, whereby the United States proclaimed jurisdiction from the seaward
                            boundary of the state out to 200 nautical miles from the baseline from which the breadth of the
                            territorial sea is measured.
                                    "Plan" means the Mississippi Ocean Resources Management Plan.
                                    "Program" means the Mississippi Ocean Resources Management Plan, background
                            studies, and analysis undertaken in the development of the plan, the implementation activities
                            recommended by the plan, and the Mississippi Ocean Resources Task Force.
                                    "Territorial sea" means the waters and seabed extending three geographical miles
                            seaward from the coastline in conformance with federal law.


                                    Section 4 [Mississippi Bureau of Marine Resources; primary coordinating agency.]
                                    (a)The Bureau of Marine Resources (BMR) is designated the primary agency for
                            coordination of ocean resources planning activities. The bureau shall assist the governor with
                            the governor's duties and opportunities to respond to federal agency programs and activities
                            affecting coastal and ocean resources.
                                    (b)BMR, coordinating with the expertise within the Department of Wildlife, Fisheries,
                            and Parks; Department of Environmental Quality; Department of Economic Development;
                            Secretary of State's office, and the Governor's office, shall provide technical, clerical, and other
                            necessary support services for carrying out the purposes of this chapter.

                                    Section 5 [Mississippi Ocean Resources Task Force; establishment.]
                                    (a) There is established within the BMR a Mississippi Ocean Resources Task Force for
                            thepurpose of advising andassistingthe governor and legislature onmatters relating to theuse,
                            development, and management of Mississippi's ocean resources. The task force shall be
                            composed of 14 voting members as follows:
                                    (1)     Six shall be voting ex officio members to consist of the Director of the Depart-
                            ment of Wildlife, Fisheries, and Parks; the Director of the Department of Environmental
                            Quality; the Director of the Department of Economic Development; the Secretary of State; the
                            Director of the Mississippi-Alabama Sea Grant Consortium; and a representative of the
                            governor's office.
                                    (2)     Ten voting members appointed by the governor representing each of the
                                    following:







                                                                                                                      Appendix I


                          (A)     Commercial fishing interests;
                          (B)     Charter, sport, or recreational ocean fishing interests;
                          (C)     Mineral or energy production;
                          (D)     Marine transportation;
                          (E)     Recreational or tourism interests;
                          (F)     Ocean research interests from the private or public sector, such as marine
                                  mining, ocean energy, fisheries, engineering or marine biotechnology;
                          (G)     Public state university system; and
                          (H)     Three members of the public to be appointed by the governor. At least
                                  one of these appointed positions must be held by a representative from
                                  an environmental organization.
                  (b) There shall be only one designated representative selected by each of the six ex officio
          members. The designee shall be a person with knowledge and experience in matters relating
          to the development, conservation, or management of ocean resources. The Director of the
          Department of Wildlife, Fisheries, and Parks or his/her designee shall serve as the chairperson
          of the task force. The Department of Wildlife, Fisheries, and Parks shall provide staff services
          to the task force as needed. All members of the task force shall serve without compensation and
          shall be entitled to reimbursement for necessary expenses while attending meetings and while
          in the discharge of duties and responsibilities of the task force.

          Section 6 [Scientific and Technical Advisory Committee; Establishment.]
                  (a) A scientific and technical advisory comn-dttee to the task force is established and
          composed of:
                          (1)     Such members with expertise in marine science, law, or technology
                                  appointed by the task force chairman;
                          (2)     State agency technical staff designated by the directors of the agencies
                                  represented on the task force; and
                          (3)     The planning directors of the counties bordering the territorial sea.
                  (b) The scientific and technical advisory committee shall provide advice to the task force
          on scientific and technical research related to all programs and activities in the Mississippi ocean
          waters.
                  (c) The chairman of the advisory committee shall be appointed by the chairman of the
          task force.


                  Section 7 [Powers and duties of the task force.]
          The task force shall advise and assist the governor and the legislature on matters relating to
          marine affairs of the state by:
                  (1)     Serving as a forum for comprehensive ocean policy formulation and public and
                          private sector coordination, and information dissemination;
                  (2)     Planning, coordinating, and facilitating development and implementation of
                          the Mississippi Ocean Resources Management Plan;
                  (3)     Performing such services and activities as may be required by the governor and








          Appendix 1


                                              legislature;
                                     (4)      Preparing and submitting a report on the implementation of this chapter to the
                                              governor and the legislature prior to each regular session; and
                                     (5)      Developing procedures to conduct its business to carry out the purposes of this
                                              chapter.

                             Section 8 [State agency responsibilities and cooperation.]
                                     (a) The provisions of this chapter do not change statutorily and constitutionally
                             mandated responsibilities of the state agencies.
                                     (b)      The task force may request and shall receive from any department, division,
                             board, bureau, commission, or agency of the state or any political subdivision thereof such
                             assistance and data as it deems necessary or desirable to carry out its powers and duties.

                                     Section 9 [Coordination with federal agency programs.]
                             To ensure that the Mississippi Ocean Resources Management Program is coordinated with
                             federal agency programs for coastal and ocean resources, the task force shall invite federal
                             agencies with responsibility for the study and management of ocean resources, or regulation of
                             ocean activities to designate a liaison to the task force to attend task force meetings, respond to
                             task force requests for technical and policy information, and review materials prepared by the
                             task force.


                                     Section 10 [Compatibility with local or county land use plans.]
                                     (a) The program shall be compatible to the maximum extent practicable with any
                             acknowledged county land use plans of each county.
                                     (b)      To ensure that the program is compatible with any applicable local or county
                             land use plans, the task force shall consult with county officials, and solicit comments on task
                             force activities.


                                     Section 11 [Public participation.]
                             The task force shall involve citizens and interested groups and organizations in the develop-
                             ment and implementation of the plan. The task force shall:
                                     (1)      Provide citizens, coastal and ocean interest groups, organizations, and ocean
                                              resource users:
                                              (A) Opportunities for involvement; and
                                              (B) Opportunities for comment on issues and topics which should be addressed;
                                     (2)      Conduct at least [three] public workshops, including [two] in coastal locations,
                                              to solicit ideas, opinions, and facts to be considered in developing the proposed
                                              plan.
                                     (3)      Distribute the plan to all public libraries statewide and to interested individuals
                                              and groups, upon request.







                                                                                                             Appendix 1


                Section 12 [Preparation of plan.]
                (a) The task force shall prepare and coordinate implementation of a proposed Missis-
        sippi Ocean Resources Management Plan.
                (b)     The proposed plan shall be subn-dtted to the legislature prior to the convening
        of the regular session of [19931.
                (c)     The task force shall send the proposed plan for review and comment to the board
        or governing body of the agencies and groups represented on the task force and to each county.

                Section 13 [Mississippi Ocean Resources Management Plan process.]
                (a) The Mississippi Ocean Resources Management Plan shall address ocean issue areas
        to include overall ocean resources management, conservation and preservation, marine water
        quality, fisheries, ocean minerals, aquaculture, mariculture, recreation, coastal erosion, har-
        bors, ocean and coastal energy facilities, marine education and research, waste disposal,
        accidental spills, and other issues of importance to the state. In developing the plan, the task
        force shall consider:
                (1)     Inventories of the existing state laws and agency rules, authorities, and pro-
                        grams which pertain to ocean resources;
                (2)     Inventories of federal laws, regulations, and agency programs which pertain to
                        ocean resources management within or directly affecting MississippYs territo-
                        rial sea and adjacent exclusive economic zone;
                (3)     Analyses of state laws, rules, authorities, or programs which conflict with one
                        another, that need to be modified or eliminated, as well as laws, rules, or
                        programs which may need to be enacted in order to provide for coordinated,
                        comprehensive management of ocean resources;
                (4)     Existing management plans developed by state agencies; and
                (5)     Current activities regarding computer and noncomputer maps of existing ocean
                        conditions, uses, and resources of the coastline, territorial sea, and exclusive
                        economic zone.
                (b)     The plan shall include:
                (1)     Specific recommendations to develop or improve state agency programs to
                        manage ocean resources and activities consistent with this chapter. These
                        recommendations:
                        (A)    Shall be the basis for agency or legislative action and shall contain:
                               (i)    A brief statement of the issues or need requiring the
                                      recommendation;
                               (ii)   A description of how the recommendation will address the is-
                                      sues or meet the identified need;
                               (iii)  Policies and objectives;
                               (iv)   A brief work program describing the actions necessary to carry
                                      out the recommendation;
                               (v)    A list of state agencies or programs to be affected by the recom-
                                      mendation;








             Appendix 1


                                                                (vi)      An estimate of the time and costs required to carry out the
                                                                          recommendation; and
                                                                (vii) Any change in state law which may be needed;
                                                      (B)       Shall address the following as appropriate:
                                                                (i)       Marine water quality, including ocean outfalls from municipal
                                                                          and industrial wastes, toxic and hazardous chemicals, water
                                                                          quality standards and monitoring, and research programs to
                                                                          ensure marine water quality;
                                                                00        Areas within the territorial sea and the exclusive economic zone
                                                                          which should be excluded from energy or nonenergy mineral
                                                                          development, or for which special precautions must be taken;
                                                                (iii)     Coastal oil spill prevention, response, clean up, damage assess-
                                                                          ment, and compensation;
                                                                (iv)      Programs to facilitate greater cooperation between federal and
                                                                          state entities and between the different Gulf state entities;
                                                                (v)       Programs to encourage and facilitate research and development
                                                                          into technologies for the exploration and development of ocean
                                                                          resources;
                                                                NO        Strategies to promote private investment in Mississippi into
                                                                          responsible research, exploration, and development of ocean
                                                                          resources; and
                                                                (vii)     Recommendations for alternative dispute resolution techniques
                                                                          to resolve conflicts among competing interests; and
                                                                (viii)    [Specify other issues to be addressed]

                                                      (2)       Recommendations for a permanent ocean resources planning and man-
                                                                agement process, including consideration of-
                                                                (A)       Options for an advisory coordinating body to succeed the task
                                                                          force;
                                                                (B)       Advisory committees;
                                                                (C)       The role of the governor, state agencies, federal agencies, coun-
                                                                          ties, citizens, interest groups, and ocean users, and
                                                                (D)       A process for plan update and amendment including integration
                                                                          of new information and adoption and incorporation of plan
                                                                          amendments;
                                                      (3)       A summary of state and federal issues of ocean resource management
                                                                and jurisdiction, including recommendations to the Mississippi con-
                                                                gressional delegation for changes in federal law or agency programs;
                                                      (4)       Identification of issues which affect county planning programs and an
                                                                analysis of additional work which may be needed to fully address those
                                                                issues in the county plans; and
                                                      (5)       A summary of task force actions to involve citizens of this state and to







                                                                                                            Appendix 1


                              coordinate with county governments and federal agencies in develop-
                              ment of the plan.

               Section 14 [Distribution of proposed plan copies.]
        The BMR shall supply copies of the proposed plan to public libraries statewide and shall make
        copies available by request. The bureau may charge a small fee to recover the costs of mailing.
        The bureau shall supply copies, without charge, to the govemor, the legislature, all affected
        state agencies, and each county government.

               Section 15 [Appropriations.] [Insert appropriations amounts.]

               Section 16 [Effective Date.] [Insert effective date.]







                                                                                                                                      Appendix 2



                                        Mississippi Ocean Policy Survey Results*

                                                        Great               Some               Not               Don'tKnow
                                                        Significance        Significance       Significant
          1.        OCEAN JURISDICTION
                    AND CONTROL


                    1.Extension of the Territorial
                             Sea to 12 miles              50%               31%                5%                14%

                    2. Offshore Submerged                 62%               21%                2%                14%
                             lands and jurisdiction

          II.       OFFSHORE ENERGY

                    1. Territorial Sea, Oil and
                             Gas leasing                  50%               12%                0%                7%

                    2. OCS Oil and Gas leasing            55%               26%                7%                10%

                    3. OCA Revenue leasing                57%               10%                2%                29%

                    4. Exploration                        33%               40%                14%               10%

                    5. Ocean Pipelines                    50%               26%                7%                14%

                    6. Alternative                        17%               33%                24%               24%


          III.      MARINE HARD
                    MINERAL MINING


                    1. All minerals other than
                             oil, gas, and sulfur       5%                  43%                24%               24%

          TV.       MARNE POLLUTION

                    1. Oil Spills                       86%                 10%                0%                2%

                    2. Offshore Ocean Outfalls          52%                 17%                12%               14%

                    3. Vessel Discharges                79%                 17%                2%                2%

                    4. Ocean Dumping                    81%                 17%                0%                2%

                    5. Plastics Pollution               74%                 21%                0%                5%

          *Survey results represent responses from forty-two individuals who live in Mississippi and have
          expertise in ocean and coastal issues. All were asked to rate the significance of selected ocean uses to
          the state. Survey responses were received in September-October 1989.








           Appendix 2




                                                                        Great         Some               Not           Don't Know
                                                                        Significance  Significance       Significant

                                   6. Hazardous Substance
                                      Transportation                    67%           24%                5%            2%

                             V.    MARINE FISHERIES


                                   1. Commercial Fisheries
                                      and Oysters                       81%           12%                0%            7%

                                   2. Recreational Fisheries            64%           24%                7%            5%

                                   3. Mariculture                       64%           24%                7%            5%


                                   4. Artificial Reefs and Fish
                                      Aggregation Devices               38%           48%                5%            10%

                             VI. MARINE SALVAGE
                                   AND FINDS


                                   1. Protection of Cultural and
                                      Archaeological Resources          26%           45%                14%           14%

                                   2. State Salvage Laws                14%           40%                24%           21%

                             VII. BARRIER ISLANDS


                                   1. Gulf Islands National
                                      Seashore                          43%           43%                10%           2%

                                   2. Use Conflicts                     40%           45%                7%            7%


                             VIII. PROTECTION OF THE
                                   MARINE ENVIRONMENT


                                   1. Marine Sanctuaries                55%           33%                5%            7%

                                   2. Estuarine Sanctuaries             69%           24%                0%            7%

                                   3. Endangered, Threatened
                                      Protected Marine Species          48%           45%                0%            7%

                                   4. Regional Protection               48%           36%                5%            12%
                                      Efforts







                                                                                                                        Appendix 2




                                                    Great         Some               Not          Don't Know
                                                    Significance  Significance       Significant

          IX. NAVIGATIONAL SAFETY

                I. Traffic Separation Schemes
                   Marking of Hazards               21%           33%                17%          26%

          X.    MARINE RECREATION                   52%           36%                5%           7%


          XI.   MILITARY USES OF
                THE OCEAN                           31%           38%                12%          19%

          XII.  MARINE EDUCATION
                AND RESEARCH                        60%           29%                7%           2%


          XIII. OCEAN MANAGEMENT
                COOPERATION

                1. Interstate Cooperation           71%           19%                0%           7%

                2. Interagency Cooperation          62%           21%                7%           7%

          XIV. STATE-FEDERAL
                CONSISTENCY                         71%           21%                0%           5%







         Appendix 2


                                                          SAMPLE OCEAN POLICY SURVEY


                           INSTRUCTIONS


                                 Please rank the significance to the state of Mississippi of each of the listed ocean issues.
                           Take into consideration the impact that each issue has on factors such as the state's economy,
                           tourism industry, historic or cultural heritage, health and safety, aesthetics, and overall quality
                           of life. Rank the issue in the following manner: (a) if you believe it to be of great significance, (b)
                           if it is of some significance, (c) if it is not significant enough to warrant discussion in the study,
                           and (d) if you don't have enough information to make a decision.

                                 Space is provided so that you may list additional issues that you would like to see
                           addressed and for any comments that you may have regarding any aspect of this project.

                                 This survey is designed so that up to three individuals may respond. Please place your
                           name on the space as indicated, and record your responses in the column below. (If more than three
                           individuals will be responding, we have included more than one form for your convenience).



                                                                                     NAME &           NAME &          NAME &
                                                                                     TITLE            TITLE           TITLE







                           I. OCEAN JURISDICTION AND CONTROL
                                 1. Extension of the Territorial Sea
                                       to Twelve Miles
                                 2. Offshore Submerged Lands
                                       and jurisdiction


                           11.   OFFSHORE ENERGY
                                 1. Territorial Sea, Oil, and
                                       Gas Leasing
                                 2.  Outer Continental Shelf (OCS)
                                       Oil and Gas Leasing
                                 3.  OCS Revenue Sharing
                                 4.  Geophysical Testing and Exploration
                                 5.  Ocean Pipelines
                                 6.  Alternative Ocean Energy
                                       Sources (i.e. wave, thermal)







                                                                                              Appendix 2


       111. MARINE HARD MINERAL MINING (i.e.,
             all minerals other than oil, gas and sulphur)


       IV. MARINE POLLUTION
           1 . Oil Spills
           2.  Offshore Ocean Outfalls
           3.  Vessel Discharges
           4.  Ocean Dumping
           5.  Plastics Pollution
           6.  Hazardous Substance Transportation


       V.  MARINE FISHERIES
           1. Commercial Fisheries
           2. Recreational fisheries
           3. Mariculture (including oysters)
           4. Artificial Reefs and Fish
                Aggregation Devices


       VI. MARINE SALVAGE AND FINDS
           1. Protection of Cultural and
                Archaeological Resources
           2. State Salvage Laws


       VII. BARRIER ISLANDS
           1. Gulf Islands National Sea Shore
           2. Use Conflicts


       VIII. PROTECTION OF THE MARINE
             ENVIRONMENT
           1. Marine Sanctuaries
           2. Estuarine Sanctuaries
           3. Endangered, Threatened
                Protected Marine Species
           4. Regional Protection Efforts


       D(. NAVIGATIONAL SAFETY (i.e.,
           traffic separation schemes,
           marking of hazards)


       X. MARINE RECREATION














































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       University PubEcations
       University of Mississippi

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       University of Mississippi















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