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Marine Protection, Research, and Sanctuaries Act of 1972

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Marine Protection, Research and Sanctuaries Act of 1972 ( MPRSA ) or Ocean Dumping Act is one of several key environmental laws passed by the US Congress in 1972. The Act has two essential aims: to regulate intentional ocean disposal of materials, and to authorize any related research. While the MPRSA regulates the ocean dumping of waste and provides for a research program on ocean dumping, it also provides for the designation and regulation of marine sanctuaries. The act regulates the ocean dumping of all material beyond the territorial limit (3 miles (4.8 km) from shore) and prevents or strictly limits dumping material that "would adversely affect human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities". The MPRSA authorized the Environmental Protection Agency (EPA) to regulate ocean dumping of materials including, but not limited to, industrial waste , sewage sludge , biological agents , radioactive agents , NBC ( nuclear , biological , and chemical ), garbage, chemicals, and biological and laboratory, as well as other wastes, into the territorial waters of the United States through a permit program. The EPA can issue permits for dumping of materials other than dredge spoils if the agency determines, through a full public notice and process, that the discharge will not unreasonably degrade or endanger human health or welfare or the marine environment. The law also has provisions related to creating marine sanctuaries, conducting ocean disposal research and monitoring coastal water quality.

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39-513: There are four federal agencies that share responsibilities under the Ocean Dumping Act: The U.S. Environmental Protection Agency (EPA) is the primary agency that is in charge of regulating the disposal of all substances that are disposed in the ocean; this agency also authorize the research and demonstration of activities that have to do with phasing out sewage and industrial waste disposing. The U.S. Army Corps of Engineers agency

78-491: A location outside the U.S. With respect to the latter category, dumping was prohibited within the U.S. territorial sea and the U.S. contiguous zone. A specific dumping prohibition was included for radiological, chemical and biological warfare agents, high-level radioactive waste and medical wastes . Restrictions have since been placed on dumping activities in the New York Bight Apex, and sewage sludge dumping at

117-504: A long-term program to collect and analyze scientific data on the environmental quality of coastal ecosystems, including ambient water quality, health and quality of living resources, sources of environmental degradation, and data on trends. Results of these actions are used to provide the information required to devise and execute effective programs under the Clean Water Act and Coastal Zone Management Act. In 1977, Congress amended

156-448: A new site 106 miles offshore. Congress amended the Act again in 1992, giving permission to states to adopt ocean dumping standards more stringent than federal standards and to require that permits conform with long-term management plans for designated dumpsites. This amendment was put into place to ensure that permitted activities are consistent with expected uses of the site. The violation of

195-485: A permit or permit requirement carries a civil penalty of not more than $ 75,000 per violation that is assessed by the EPA. The organization is also authorized to assess criminal penalties that carry fines up to $ 250,000, 5 years in prison, or both for violations of the act. Additionally, fines are assessed for ocean dumping of medical wastes that carry the same penalties previously listed. Like many other federal environmental laws,

234-413: A sanctuary is to protect its features and allow the ocean to be used in a natural and sustainable way. Sanctuaries provide a safe haven for endangered species, or those close to extinction, while also serving educational purposes for students and researchers alike to promote understanding and stewardship of our oceans. Public Law 96-332 provides that any marine sanctuary designation will not be effective if

273-477: Is concerned with promoting American businesses and industries; the department states its mission to be "to foster, promote, and develop the foreign and domestic commerce". Until 1913, there was one secretary of commerce and labor , uniting this department with the United States Department of Labor , which is now headed by a separate United States secretary of labor . Secretary of Commerce

312-570: Is in charge of dredged spoils. The National Oceanic and Atmospheric Administration (NOAA) is in charge of the research on the changes of the marine environment that are caused by humans. The U.S. Coast Guard is in charge of the surveillance of ocean dumping. The NOAA National Marine Sanctuary program manages a network of underwater areas that are protected by the US. These special bodies of water, like oceans and lakes, are protected by Congress to keep natural and cultural resources while allowing people to enjoy

351-554: Is the head of the United States Department of Commerce . The secretary serves as the principal advisor to the president of the United States on all matters relating to commerce. The secretary reports directly to the president and is a statutory member of Cabinet of the United States . The secretary is appointed by the president, with the advice and consent of the United States Senate . The secretary of commerce

390-596: The Atlantic cod , silver hake , yellowtail flounder , bluefin tuna , yellowfin tuna , striped bass , bluefish and numerous species of shark including the great white shark . Shellfish such as the American lobster , sea scallops , squid , and ocean quahogs are also prevalent. Many marine birds live at Stellwagen Bank, including gannets , shearwaters , storm petrels , fulmars , puffins and razorbills . Reptiles also are present, primarily represented by

429-866: The Gerry E. Studds Stellwagen Bank National Marine Sanctuary ) is an 842-square-mile (636 sq nmi; 2,181 km ) United States Government -protected national marine sanctuary located at the mouth of Massachusetts Bay between Cape Cod and Cape Ann . It is known as an excellent whale watching site, and is home to many other species of marine life . The sanctuary's headquarters are located in Scituate , Massachusetts. The sanctuary lies within Massachusetts Bay , 25 miles (40 km) east of Boston , Massachusetts , 5 miles (8.0 km) east of Gloucester , Massachusetts, and 5 miles (8.0 km) north of Provincetown , Massachusetts. The heart of

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468-536: The eastern United States 25,000 years ago, pushing in front of it large amounts of earth and rock. The southern margin of the glaciers formed local geographical features including Cape Cod and Stellwagen Bank. Originally, the Stellwagen Bank was above water, but gradually subsided over time as the post-glacial rebound subsided. In the 17th century it was observed that the area made for excellent fishing . Large cod and tuna were caught frequently in

507-400: The leatherback sea turtle . Possibly the most famous animals on Stellwagen Bank are its marine mammals . Five species of seals ( harp seals , gray seals , harbor seals , hooded seals , and ringed seals ), and numerous whale species swim in the waters of Stellwagen Bank. Whale watchers frequently can see humpback whales , minke whales and fin whales and occasionally sight of one of

546-454: The "106-Mile Site" offshore of New Jersey ended in 1992. In order for anyone to dump on US waters, they must follow certain laws. Public Law 97-424, enacted in 1983, placed a 2-year prohibition on ocean dumping of any low-level radioactive waste. Public Law 100-688 terminated the dumping of sewage sludge and waste from industrial companies (commencing with the 270th day after November 18, 1988) under certain conditions. After December 31, 1991, it

585-614: The Act authorizes the Secretary of Commerce (through the National Oceanic and Atmospheric Administration (NOAA)) to coordinate a research and monitoring program with the EPA and the United States Coast Guard . The NOAA conducts general research on ocean resources and is responsible for research on the effects of ocean dumping, pollution, overfishing, and other issues caused by humans that cause changes in

624-506: The Act to require that dumping of municipal sewage sludge or industrial wastes, which unreasonably degrade the environment, to cease by December 1981. Because that deadline was not achieved, amendments were passed in 1988 that extended the deadline to December 1991. In 1986 amendments, Congress directed that ocean disposal of all wastes end at the traditional 12-mile site off the New York/New Jersey coast and that they be moved to

663-463: The Corps of Engineers and due to the fact that they are the entity primarily responsible for the dredging, they issue permits for ocean dumping of such materials. The dredged materials are sediments removed from the bottom of water bodies, but before they are dumped in the ocean, they must be evaluated to ensure that they are not harmful to human health or to the marine environment. The basic objective of

702-858: The EPA Administrator applies the standards and criteria binding upon the United States that are stated in the 1972 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matters. During this convention, more than 85 countries agreed in the prohibition of dumping in the ocean the next elements: mercury, cadmium and other substances such as DDT and PCBs, solid wastes and persistent plastics, oil, high-level radioactive wastes, and chemical and biological warfare agents; and requires special permits for other heavy metals, cyanides and fluorides, and medium- and low-level radioactive wastes. Stellwagen Bank National Marine Sanctuary Stellwagen Bank National Marine Sanctuary (officially

741-410: The EPA in 1973 for the period of May 1 to November 1 allowed for the disposal of 84,500 tons of uncontained waste at Site A and 208,500 waste barrels at Site B, of which 55,000 barrels contained chlorinated hydrocarbons. By July 1973, four companies with plants at 7 locations were using Sites A and B (NAS, 1975). Nearly all of the ocean dumping that takes place today is dredged materials at the hands of

780-531: The Governor of an affected state finds it unacceptable, or if Congress form a concurrent of dissproval (must occur within 60 days). The Secretary of Commerce is authorized to withdraw the designation after any such State or Congressional disapproval. If the designation is not withdrawn, only the portion certified as acceptable can take effect. Title IV of the MPRSA established nine regional marine research boards for

819-799: The Gulf of Mexico, as described in the report, Assessing Potential Ocean Pollutants, published by the National Academy of Sciences (NAS, 1975) https://books.google.com/books/about/Assessing_Potential_Ocean_Pollutants.html?id=eicQOgkswusC . At Site A, uncontained wastes were discharged through a submerged pipe into the turbulent wake of a barge. At Site B, waste materials were placed in barrels before discharge. Chemical wastes discharged at these sites reportedly had various concentrations of chlorinated hydrocarbons, calcium and sodium metals, formaldehyde, cyanide and other metals (i.e. antimony, mercury, arsenic, zinc, manganese, and iron). Seven permits issued by

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858-421: The MPRSA prohibits all ocean dumping, except that allowed by permits issued by the EPA Administrator pursuant to Section 102 of the MPRSA, in any ocean waters under U.S. jurisdiction, by any U.S. vessel, or by any vessel sailing from a U.S. port. EPA designates sites for ocean dumping and specifies in each permit where the material is to be disposed. In 1973, the EPA permitted two interim chemical disposal sites in

897-476: The Ocean Dumping Act allows individuals to bring a citizen suit in U.S. district court against any person, including the United States, for violation of a permit or other prohibition, limitation, or criterion issued under title I of the Act. Under certain circumstances, each of the states is permitted to regulate ocean dumping in waters within their own jurisdiction. The Ocean Dumping Act requires that

936-506: The Secretary of Commerce to designate discrete areas as National Marine Sanctuaries after conferring with the heads of involved federal agencies and state and local governments, as appropriate. The establishment of these sanctuaries is important in helping to promote comprehensive management of their special conservation, recreational, ecological, historical, research, educational, or aesthetic resources. The importance and primary objective of

975-566: The Stellwagen Bank National Marine Sanctuary on November 14, 1992. In 1999, the submersible DeepWorker 2000 was used to quantify the species of fish as well as the space resources within the sanctuary. Remotely operated underwater vehicles were used from 1993 to 2003 to make additional observations of the fish within the sanctuary and adjacent waters. Secretary of Commerce The United States secretary of commerce ( SecCom )

1014-510: The area, and whaling ships caught many whales in the area. In 1854, the United States Navy sent Lieutenant Commander Henry Stellwagen to survey and map the area. It was known that there was an ocean bank in the area, but its extent and shape were not known. Sounding could show ships how close they were to the dangerous waters of Boston Harbor , and so better maps were needed. Prior to Stellwagen's hydrographic survey , it

1053-439: The coast, slower moving water at the bottom of the ocean due to friction, stratified water separated by density , salinity , and temperature, and a dramatic change in seafloor slope. This upwelling brings nutrients to the surface for phytoplankton , which attracts larger organisms to feed. Over 130 species from numerous classes of the animal kingdom live at Stellwagen Bank at least temporarily. Some fish found there are

1092-458: The coastline and is referred to as the " shelf break." The shelf break is a steep slope which descends thousands of feet (hundreds or thousands of meters) to the ocean floor . Deep nutrient-rich ocean currents flowing along the coastlinee are forced upwards toward the surface when they come into contact with the steep slopes of the bank’s plateau. This creates upwelling at the shelf break, which occur because there are ocean currents flowing along

1131-460: The marine ecosystem. The EPA's research is related to the phasing out of ocean disposal activities and its role includes conducting research, surveys, investigations, experiments, training, demonstrations, and studies to aid in their search for dumping alternatives. This program is designed as a long-term research program to study the "possible long-range effects of pollution, overfishing, and man-induced changes of ocean ecosystems " and to conduct

1170-514: The most critically endangered whale species, the North Atlantic right whale . Other whale species seen include the sperm whale , beluga whale , orca , pilot whale , white-beaked dolphin , Atlantic white-sided dolphin , common dolphin , bottlenose dolphin , Risso’s dolphin , harbor porpoise , blue whale , and sei whale . Stellwagen Bank owes much of its existence to the last major ice age . The Laurentide Ice Sheet advanced over

1209-506: The need for regional research to safeguard their quality and health. The main focus of this program is to establish regional marine research programs around the country and to provide sustained federal funding for planned research within each region. Five Major Sections of the Gulf of Maine Regional Marine Research Program : 1. An overview of marine environmental quality in the region. 2. An inventory of current research activities. 3. A statement of

Marine Protection, Research, and Sanctuaries Act of 1972 - Misplaced Pages Continue

1248-616: The permit program is to "prevent or strictly limit the dumping into ocean waters of any material that would adversely affect human health, welfare, or amenities, or the marine environment , ecosystems , or economic potentialities." The Secretary of the Army (through the Corps of Engineers ) is authorized to issue permits for dredged material disposal, and EPA is authorized to designate appropriate dump sites. Dumping restrictions were enacted for both U.S. flag vessels and materials transported from

1287-530: The purpose of developing comprehensive marine research plans, considering water quality and ecosystem conditions and research and monitoring priorities and objectives in each region. The plans, after approval by the NOAA and EPA, are to guide NOAA in awarding research grants funds under this title of the act. The Regional Marine Research Act was enacted in recognition of the value of the Nation's coastal marine waters and

1326-409: The research needs and priorities within the context of a 10-year goal. 4. An assessment of how the plan will incorporate existing research and management in the region 5. A description and schedule of the research objectives for the region during the 4-year period covered by the plan. Title V launched a national coastal water quality monitoring program that directs the EPA and NOAA together to implement

1365-505: The research required to find dumping alternatives and to consider, in cooperation with other federal agencies, the feasibility of regional management plans for waste disposal in coastal areas. Congressional reports are required annually. Statutes providing authority for appropriations were enacted in 1972, 1975, 1976, 1977, 1980, 1986 and 1988. Public Law 100-627 authorized appropriations of $ 13.5 million for Title II for Fiscal Year 1989, and $ 14.5 million for Fiscal Year 1990. Title III allows

1404-472: The sanctuary is Stellwagen Bank, an underwater plateau stretching 19 miles (17 nmi; 31 km) north to south, and 6 miles (5.2 nmi; 9.7 km) across at its widest near its southern end. The bank is, on average, 100 to 120 feet (30 to 37 m) below the surface, while surrounding waters to the west are over 300 feet (91 m) deep and to the northeast as deep as 600 feet (180 m). The underwater cliff-edge of Stellwagen Bank runs parallel to

1443-686: The waters. The Marine Protection, Research, Sanctuaries Act gives way for a national network of marine sanctuaries that are administered by NOAA. The NOAA was created in 1970 after an oil spill 30 miles of the coast of California released 235,000 gallons of crude oil into the ocean. As time passes and technology advances, the NOAA has added sanctuaries all over the US. Three sites followed from 1992, with Congress designating Stellwagen Bank National Marine Sanctuary in Massachusetts and Monterey Bay National Marine Sanctuary in California. Title I of

1482-515: Was believed there were two small banks in the area, one just to the north of Cape Cod, and one in the middle of the entrance to Massachusetts Bay. Stellwagen showed that they were part of one large bank. As a result, the U.S. Navy named the bank after him in 1855. On October 7, 1992, the United States Congress authorized a national marine sanctuary in the area. The National Oceanic and Atmospheric Administration designated

1521-535: Was prohibited to dump any type of sewage sludge and industrial waste. This law gives EPA the authority to issue emergency permits for the dumping of industrial waste into ocean waters if an unacceptable human health risk exists and no other alternative is available. Statutes authorizing appropriations to implement Title I were enacted annually through 1977 and, thereafter, in 1980, 1981, and 1988. The 1988 amendments authorized appropriations of $ 12 million for Title I for each of Fiscal Years 1989 through 1991. Title II of

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