State of Coastal and Marine Management in Maine

Versions Compared

Key

  • This line was added.
  • This line was removed.
  • Formatting was changed.
Comment: Migrated to Confluence 4.0

...

The Sustainable Fisheries Act (SFA) is an amendment to the MSA (16 U.S.C. § 1801-1882).  The Sustainable Fisheries Act includes provisions requiring science, management, and conservation action be taken by the National Marine Fisheries Service (Office of Sustainable Fisheries, NOAA Fisheries 2009).

Table 1.1

Law

Year

Description 

Location

Submerged Lands Act

1953

Requires a Granted states title to the natural resources (oil, gas, and all other minerals) located within three miles of their coastline

USC Title 43 § 1301-1315

Coastal Zone Management Act

1972

Provided states with federal assistance for those who develop and maintain a comprehensive management plan for their coastal jurisdiction or a Coastal Zone Management Plan as reviewed by the National Oceanic and Atmospheric Administration.

USC Title 16 § 1451-1456

Atlantic States Marine Fisheries Compact

1942

Established the Atlantic States Marine Fisheries Commission in recognition that fish do not adhere to political boundaries, and therefore no state by itself can effectively protect the interests of its citizens. The Commission is made up of 15 states, each represented by 3 members.  The Commission participates in five main policy issues: interstate fisheries management, research and statistics, habitat conservation, sport fish restoration, and law enforcement. 

USC Title 12 § 4601-4656

Atlantic Coastal Fisheries Cooperative Management Act

1993

Enacted to ensure that the Atlantic coastal states are compliant with the conservation measures approved by the Atlantic States Marine Fisheries Commission.  Provides assistance to the Atlantic States Marine Fisheries Commission in order to support and encourage the development, implementation, and enforcement of effective interstate conservation and management of Atlantic Coastal resources.

USC Title 16 § 5101-5108

Fishery Conservation and Management Act - Magnuson-Stevens Act

1976

Granted federal authority for fisheries management to NOAA’s National Marine Fisheries Service. Eight regional fishery management councils were established to implement regional fishery management plans.

USC Title 16 § 1801-1884

Sustainable Fisheries Act 

1996

Includes provisions requiring science, management, and conservation action be taken by the National Marine Fisheries Service

USC Title 16 § 1801-1882

State Laws

Mandatory Shoreline Zoning Act (1971)

...

The State of Maine holds state-owned submerged lands (lands below mean low-tide line out to 3-mile limit) in trust for the benefit of the people of Maine (SPO and DMR 2007).  In accordance with this common law, the State manages these lands and the natural resources in the public interest.  The uses and interests recognized by the Public Trust Doctrine include commerce, fishing, navigation, recreation, and conservation.  The doctrine establishes theresponsibility of the state to manage these public trust assets to preserve and continuously assure the public’s ability to fully use and enjoy public trust lands, waters, and resources for certain public uses (CSO 1997).


Table 1.2

Law

Year

Description 

Location

Mandatory Shoreline Zoning Act        

1971

Requires all municipalities to create zoning ordinances for areas within 250 feet of the high water line of any body of water, river, wetland, and coastline.  The state holds the right to develop a zoning plan for municipalities not in compliance. 

MRS Title 38 Chapter 3 § 439-449

Lobster Managment Zones and Advisory Council       

1995

Seven lobster managment zones were created by the Commissioner of Marine Resources to facilitate local or regional management of lobster fishery efforts.  Each zone is represented on the Council.  The Council advises the commissioner on activities of the department that relate to the lobster industry. 

MRS Title 12 Chapter 619 § 6446-6477

Sea Urchin Zone Council         

1993

Established a Sea Urchin Zone Council, and two Sea Urchin Management Zones.

MRS Title 12 Chapter 623 § 6749

Scallop Advisory Council     

2003

The Scallop Advisory Council consists of 13 members acting as advisors to the Commissioner of DMR on issues related to seasons, closings, size restrictions, and daily limits.

MRS Title 12 Chapter 623 § 6729

Maine Wind Energy Act           

2003

Established policy that finds wind energy to be in the best interest of the state thereby making it a priority for state agencies to encourage wind development.

MRS Title 35-A, Chapter 34 § 3404(2)(B)

Public Trust Doctrine

 

The State of Maine holds state-owned submerged lands (lands below mean low-tide line out to 3-mile limit) in trust for the benefit of the people of Maine (SPO and DMR 2007).  In accordance with this common law, the State manages these lands and the natural resources in the public interest.

 

Stakeholders

The sustainability of Maine’s coastal and marine resources depends upon successful management.  This responsibility falls on many different federal, state, and local agencies along the coast and in the Gulf of Maine.  There are also additional regional management partnerships which cross political boundaries and incorporate non-government stakeholders into the management process. There are also non-government stakeholders who are affected by the condition of coastal and marine resources yet do not have an active role in their management.

...

Table 1.3 Spatial overlap analysis.  The number of overlapping management zones in the Gulf of Maine by area (square miles) and percent of total area within Maine state waters and within the Exclusive Economic Zone (EEZ). Results based off of our GIS spatial overlap calculation in Figure 1.12.

Number of Overlapping Zones

Area (Square Miles)
Within State Waters

Percent of Total Area
Within State Waters

Area (Square Miles)
Within Federal EEZ

Percent of Total Area
Within Federal EEZ

1

0.0

0.0

1

0.0

2

1

0.0

2883

10

3

4

0.1

59

0.2

4

113

3

331

1

5

272

6

1913

7

6

175

4

4014

14

7

426

10

1627

17

8

189

4

4840

17

9

172

4

2574

9

10

389

9

2073

7

11

567

13

2005

7

12

1187

28

1640

6

13

493

12

527

2

14

185

4

184

0.7

15

48

1

47

0.2


Offshore Wind Energy

In this section, we evaluated the potential impact of the current regulatory system on the future development of offshore wind in the Gulf of Maine.

...