Looking Seaward:
Development of a State Ocean Policy for Florida

Looking Seaward: Development of a State Ocean Policy for Florida is a comprehensive overview and assessment of law and policy related to the management of Florida's "deep blue water" ocean resources. Funded by the Florida Coastal Management Program and developed by the Florida State University College of Law, the report provides background and perspective on ocean issues, summarizes the ocean management efforts of several other states, reviews federal and state law and policy regarding Florida's ocean resources, and offers suggestions for improving the state's managerial regime.

In addition to making suggestions about improvements in specific issue areas, Looking Seaward proposes possible next steps in cultivating a comprehensive ocean resources management strategy. One possibility involves a framework for management of marine areas based on an ecosystem management model. Building upon a model developed by the Florida Department of Environmental Protection for onshore areas, the report suggests breaking Florida's ocean areas into segments that correspond roughly with upland drainage areas, thus making it easier to manage the vastness of the state's ocean resources and to consider those resources in the context of different ecological areas.

Furthermore, Looking Seaward strongly advocates that the state incorporate principles of stewardship and sustainability, which can supply some clear policy guidance for marine decision-making and management.

These guiding principles can be summarized as follows:

· A nonexclusive use should be favored over an exclusive use when choosing among competing or incompatible uses.

· In recognition of the interests of ecological preservation and future generations, reversible commitments of resources should be favored over irreversible commitments, .

· Ocean-dependent uses should be favored over nondependent uses.

· Uses that promote and protect biodiversity should be favored over those that do not.

· A precautionary approach should be followed whereby a resource developer has the burden of demonstrating that the proposed activity will not unreasonably interfere with other ocean uses and will be conducted in an environmentally sound manner.

The report is divided into discussions of individual ocean resource issue areas. The issues include:

· jurisdiction and governance

· marine fisheries management

· marine pollution

· offshore oil and gas development

· marine minerals

· management of marine habitat and protected species

· submerged cultural resources

· ports, terminals, and marinas

· recreation

· education and research

Discussion of each issue area includes information about the current legal structure governing the issue, relevant ocean resources policy considerations, and suggestions for improving management. Because the report is so broad and detailed, it is impossible to summarize in this document. Instead, the following offers a brief description of three representative issues: fisheries management, oil and gas development, and marine pollution.