Marine Protection, Research, and Sanctuaries Act (MPRSA)

Introduction 

The ocean is being destroyed by climate change, fossil fuels, and ocean dumping. With the state of the ocean being destroyed by climate change, fossil fuels, and especially ocean dumping has a quite direct effect. The Marine Protection, Research, and Sanctuaries Act is also commonly known as the Ocean Dumping Act or MPRSA. This Act has two main goals: to regulate the dumping of materials into the ocean and to sanction research. 

Why Research Showed that this Act was Needed

The ocean covers more than 70% of the earth’s surface, yet due to human action it has been irreparably damaged. This damage, such as ocean pollution like dumping materials, could be putting more than 3 billion people’s health in jeopardy (Hayward.) Researchers have been begging for policies and demanding action from the government. Scientists want to reduce ocean pollution, encourage research, the banning of non-renewable energy, and protect more ocean ecosystems, environments, etc. According to Professor Philip Landrigan, M.D, there has been an uptick in toxins in the oceans, like pesticides, mercury, and petroleum wastes. He notes that people in coastal fishing communities, small island nations, the high Arctic, and indigenous populations are the most vulnerable due to their frequent interaction with seafood and the oceans (Hayward). 584 scientific reports say that the fish eaten by more than 3 billion people have been contaminated by pollutants in the ocean, like chemicals, plastics, sewage, etc. (Hayward). This can cause life threatening infections (Hayward). Sea microorganisms that generate 5% to 10% of the oxygen are being wiped out due to oil and chemical spills (Hayward). After several decades of the constant dumping of materials they became contaminated with toxins such as heavy metals, inorganic nutrients, and chlorinated petrochemicals (EPA) -- This caused the Hudson River to be severely depleted of oxygen during the time period of 1949 through 1969 (EPA). 

Not only has human health been negatively impacted by all the ocean dumping, but all marine life has been suffering tremendously under the general populations’ noses for decades. Prince Albert of Monaco was noted saying that analysis should be used to prevent pollution of the oceans (Hayward). He wrote in an introduction to a report, “Taking into account the effects of ocean pollution – due to plastic, water and industrial waste, chemicals, hydrocarbons, to name a few – on human health should mean that this threat must be permanently included in the international scientific activity.” Further into this report, where the Monaco Science Centre and Boston College heavily contributed, it informs that mercury pollution has become such a large problem in recent years, which is infecting the smallest of prey that reaches up to the largest of predators. These predators, and some prey, make it onto people’s plates and they are unaware about the levels of toxins that they are consuming. 

The main source of this problem is coal, with it being spread throughout the air and eventually making its way into the water (Hayward). Harmful Algal Blooms are developing with a higher frequency; this is due to plastics and other toxins, in part because of purposeful dumping of materials (Hayward). Plastic, which is making its way into the oceans by way of 10 million tons, at least, a year. These eventually break down into microplastics, now found in nearly all humans (Hayward). The most impacted areas are the Mediterranean Sea, the Baltic Sea, and the Asian rivers (Hayward). All of these destructive, human caused, problems are affecting smaller communities, typically coastal, and leaving lower classes in jeopardy. 

Things that were dumped before 1972 were not well documented, for there was no reason to. There was not much concern about the effects of ocean dumping before the environmental movement of the 1970s. However, some reports and researchers believe there was a lot of dumping. The National Academy of Sciences in 1968 determined that there were 100 million tons of petroleum products, two to four million tons of acid chemicals waste from pulp mills, at least one million tons of heavy metals from industrial waste, and at least 100,000 tons of organic chemical waste had been dumped in the ocean (EPA). The Council on Environmental Quality sent a report to the president in 1970 about ocean dumping, that included: 0.5 million tons of demolition and construction debris, 4.5 million tons of sewage sludge that was highly contaminated with heavy metal, 4.5 million tons of industrial wastes, and 38 million tons of dredged material, including the 34% that was polluted (EPA). EPA records show that at least 55,000 containers of radioactive waste were dumped at 3 sites within the Pacific Ocean from 1946 to 1970 (EPA). In the same records, it was stated that nearly 34,000 containers of radioactive waste were dumped off the East Coast in 3 places from 1951 to 1962 (EPA). This has caused a quite severe impact that can be very clearly seen in all these previous dumping grounds. 

There are 5.25 trillion pieces of plastic debris in the ocean; 269,000 tons float on the surface, while 4 billion plastic microfibers per square kilometer are taking up the deep sea (Parker). The Great Pacific Garbage Patch is so extensive in length and depth that niche ecosystems have now developed inside of this trash island. Ocean trash science is still a blossoming research area, such as nobody knowing about the plastic in the more remote regions of the Southern Hemisphere until recent years (Parker). There are still quite a few questions, like what is the extent of the damage plastic is doing to the oceans; however, from all evidence collected so far, all outcomes look bleak. The Plastic Disclosure Project has reached an estimate that says that 33% of manufactured plastic ends up in the ocean after only one use and 85% of plastic is not recycled worldwide (Parker). Richard Thompson, a biologist at Plymouth University was quoted as saying, “The greater the concentration, the greater the potential risk for exposure...” (Parker). There are so many consequences of ocean dumping and there was a gap to fill in the legislative area; this is where the MPRSA bill comes in.

What is this Act and what does it do?

This Bill is focused on regulating and hopefully banning ocean dumping. This policy generally prohibits material being transported from the United States for the sole purpose of disposal of dumping, prevents material being transported for dumping by US agencies or US flagged vehicles, and preventing the dumping of materials in US territorial sea from outside the US (EPA). It also prohibits the dumping of any materials into the ocean that would debase and hurt human health and the marine environment (EPA). In Title I, it prohibits disposing of certain materials -- high level radioactive waste, agents of chemical and biological warfare, sewage sludge, and industrial waste (Copeland). Ocean dumping is illegal unless one has a permit that has been issued by this policy; however, the “dredged material” permit will be given by the US Army Corps of Engineers which uses the EPA’s guidelines (EPA). According to the Corps, in recent years, there are 47 million cubic yards of dredged sediment (Copeland). The Corps, before giving out a permit, make sure that where the dredging is taking place will not violate any EPA criteria, nor will it harm a pre-established marine environment or ecosystem (Copeland). To acquire such a permit, one would need to go through the process of public hearings, and have an administrator at the EPA determine if the materials one would like to dump are up to their standards (Copeland). The permit would include what material is allowed to be dumped, how much, the location, the period where the permit is valid, and surveillance provisions (Copeland).  

Title II of this Act sanctions two types of research. Type one is the type about ocean resources done by the NOAA and the second is to look at slowly stopping ocean dumping by EPA (Copeland). The NOAA is responsible for research regarding long-term effects of not only ocean dumping, but other human-induced factors, such as overfishing and pollution (Copeland). The EPA looks at how to stop the dumping of harmful materials (Copeland). Title IV was the section to create nine regional marine research boards, so they can generate research plans, considering factors such as: the quality of water, conditions of ecosystems; they also need to create a list of priorities for each region (Copeland). After these plans are developed, they will be either approved or disproved by the NOAA and EPA (Copeland). This will award research grants to scientists.

Title V created the national coastal water quality monitoring program (Copeland). This ties together the NOAA and the EPA with a new long-term program that investigates data results and its trends, regarding quality of living, degradation of environments and ecosystems, and the health of the ocean creatures (Copeland). 

Four federal agencies are responsible for this policy: US Environmental Protection Agency, US Army Corps of Engineers, National Oceanic and Atmospheric Administration, and the US Coast Guard (MPRSA). The Environmental Protection Agency (EPA) is the main agency that is the enforcer and regulator; they authorize research and activity demonstrations when it comes to waste disposal (MPRSA). The National Oceanic and Atmospheric Administration (NOAA) researches the effects done by human actions. The US Coast Guard surveys everything about ocean dumping. This policy establishes a network for all the protected waters that are under the NOAA. The NOAA was established after a disastrous oil spill that occurred in 1970, where 235,000 gallons (about 889571.35 L) of crude oil went into the ocean 30 miles off the coast of California (NOAA). 

The consequences of not obeying this law, such as dumping without a permit, can cause a civil penalty of at least $75,000 per violation and criminal penalties that can cause one to pay $250,000, that is determined by the EPA (National Academy of Sciences.) This policy allows people to bring a citizen suit against somebody else in the US district court for permit violation, prohibition, limitation, etc. (MPRSA). Each state is allowed to regulate the dumping of materials in the water within their jurisdiction (MPRSA). This bill is meant to protect the oceans for future generations and to prevent further damage by having strict regulations on ocean dumping.

The History of the Bill 

This bill was inspired by the environmental revolution that happened in the 70s on a global level. The Stratton Report was a detailed, thorough report on the United States' marine activities. It noted five basic and twenty specific recommendations for technology, manpower, education, science, etc. (Stratton Report). It called for the centralization of the government’s full extended effort to reap the resources from the marine and coastal territories; it called for an agency to be developed that would be effective in handling these resources (Stratton Report). Along with this, the bill heavily emphasized the need for more research and for there to be a federal-state program for coastal zone management (Stratton Report). This, along with other bills, led Congress to propose several bills from 1970 through 1972, one being the Marine Protection, Research, and Sanctuaries Act (MPRSA). 

The MPRSA was passed October 23, 1972 (Congress.gov). The act has not changed much since its initial signing. The newer sections involve more research needed from the EPA, the EPA looking at ways to phase out harmful waste, a complete ban on sewage sludge dumping, the inclusion of Long Island Sound, and the inclusion of medical waste materials (Copeland.) Congress amended this policy in 1977, that the dumping of sewage sludge and industrial wastes were to be permanently banned by December of 1981 (Copeland). However, this was not achieved, and more amendments were passed in 1988 to extend the deadline to 1991 (Copeland). Dumping of materials that fell within a 12-mile site that was off the New York and New Jersey coasts was banned in 1986; dumping was to be directed to a newly established site 106 miles away from the shore (Copeland). In 1988 more amendments were added so there was more of a focus on lessening how often sewage sludge and industrial waste was dumped and research about what the impacts are (Copeland). In 1992, there were many amendments added to this policy, such as permitting states to integrate the regulations on the dumping of materials into oceans and expanding the EPA’s authority so they can be stricter on who gets permits (Copeland). Some of these added materials are fish waste, vessels, and even human remains (Copeland). The EPA administrator was then allowed to general permits that included the dumping of human remains in the case of burials, vessels, and manmade ice piers in Antartica (Copeland). The bill has seen some changes since its initial proposal and passing and it has only expanded what it can do to help save oceans from the disposing of materials.

What Has The Bill Done

Partly due to the MPRSA, there has been positive change in regard to the protection of the oceans. Today, most materials that are dumped into the ocean are dredged sediment, otherwise known as uncontaminated sediment (EPA); there are also other less harmful, hazardous materials, like human remains. The current materials that are prohibited under the MPRSA and EPA are high-level radioactive waste, biological warfare ingredients, any synthetic or natural materials that will float for long enough to disturb fishing patterns, industrial wastes, medical wastes, sewage sludge, and any materials that are in violation of the EPAs criteria of 40 CFR 227 subpart B (EPA). What is also banned is anything over trace amounts of organohalogen compounds, mercury, mercury compounds, cadmium, cadmium compounds, any kind of oil, carcinogens, mutagens, and teratogens (EPA). The only way for these materials to be dumped is with an EPA emergency permit, that can only be obtained if  “an unacceptable risk relating to human health and admits of no other feasible solution,” (EPA). This law has helped the US be at the forefront of banning of ocean dumping and trying to help protect what the human race has not destroyed.

Conclusion

The MPRSA has done a lot to protect the oceans from further critical damage by human beings. Being settled law for 50 years without much backlash, except for those who were lazy and wanted to dump toxins in sea creatures’ homes, is remarkable. This, along with several other laws that focus on the preservation of the oceans has given some protection to the voiceless sea creatures who were dying, such as the Marine Mammal Protection Act and the National Environmental Policy Act. The EPA has been given power to pursue those cruel and foolish enough to continue to dump materials in the ocean without explicit permission. The fighting done by thousands of people in the 70s on behalf of the ocean has had a direct impact on the ocean today; although they were critisized and called “hippies,” they persevered and helped make this law a reality. However, the MPRSA is only a stepping stone into fixing the negative effects of humans dominating the planet for so long.

What’s next?

In the past decade, the conversation has shifted toward a much larger beast -- climate change. Although the US government has promised to enact change, little has been done to stop the major contributors, like large commercial companies who rely on coal for every step of their manufacturing, transportation, and marketing process. Many companies have prevented change with bribery, from donating to campaigns to secret conversations and promises with candidates. Despite their efforts, there is a lot currently being done about the state of our oceans. TheUS Agency for International Development (USAID), said that they want to improve the current management of marine resources, resilience to climate change, and overall ocean health (USAID). They are planning on funding twelve existing and new projects with $84 million to deal with climate change (USAID). They money is being split up, going towards: $6 million goes towards improving the management of national and provincial marine protected areas in Indonesia, about $15.1 million towards programs that advance sustainable fisheries in Latin America and Asia, at least $22.5 million towards programs that will create sustainable blue economies in Africa, Asia, Central America, and the Carribean, and $40.5 million towards programs that will prevent pollution of plastics in areas under the Save Our Seas Initiative (USAID).

Only 8% of the world’s ocean is protected by some form of law, treaty, etc.; only 2.9% is fully protected (rmg.co.uk). The Biden Administration introduced 30x30, which is a plan that intends to protect 30% of the planet by 2030. This act would affect biodiversity, populations, and CO2 levels. Forty-three nations have pledged their support in the 30x30 plan and efforts (rmg.co.uk). A nationwide poll shows that four out of five US voters favor a plan to protect America’s land, oceans, and inland waters by the year 2030; this is proven by the more than 300 groups that signed a letter that approve this plan (nrdc). 30x30 proposes ideals to guide the implementation of this plan: pursue collaboration to conservation; conserve America’s lands and waters for everybody's benefits; supporting locally led and designed efforts; support the priorities of tribal nations who have been at the forefront of the fight for conservation efforts; when creating new programs focusing on conservation, create more jobs in the process that support the local communities and economies; support private property and voluntary stewardship efforts; use science as the foundation; build on pre existing technology and emphasize flexibility  and adaptability in new programs; the creation of an “American Conservation and Stewardship Atlas” which would be a database that shows baseline information of lands and waters that have been conserved or restored; and the creation of an annual report that will be available to the public called “American the Beautiful” that will detail the progress of conservation and restoration efforts (nrdc). 

The recommendations for early efforts of this program would focus on the creation of more parks and outdoor opportunities and communities; support Native American led conservation and restoration; expand the areas that focus on wildlife conservation; make more areas that are for outdoor recreation; reward voluntary conservation efforts by people who are the most connected, like farmers and forest owners; and create more jobs that invest in restoration (nrdc). This plan will not only help and validate Native Americans conservation efforts but will help protect land for the future generations. This is a necessary step in the right direction to help counterbalance the damage that humans have already done. There is so much work left to do to ensure the Earth will be habitable for future generations, and there has been more widespread movement in the past couple decades than in all human history. That is enough to hold on to hope. 

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