Governing the Exclusive Economic Zone: The Ocean Commons, Cumulative Impacts and Potential Strategies for Improved Governance

Prepared by Katherine Andrews, July 2008

with funding from the sponsors of the Ian Axford (New Zealand) Fellowships in Public Policy

About the author

Kacky Andrews is Program Manager of the Coral Reef Conservation Program at the National Oceanic and Atmospheric Administration (NOAA), in Silver Spring, Maryland. Kacky previously served as Executive Director of the Coastal States Organization in Washington, DC, and as Director of the Office of Coastal and Aquatic Managed Areas for the Florida Department of Environmental Protection. She has a BA in Economics from Duke University, a JD from the University of Florida, and an LLM from Northwestern School of Law at Lewis and Clark College.

During Kacky’s Ian Axford Fellowship exchange to New Zealand she was based at the Ministry for the Environment in Wellington, where she analysed governance strategies for Exclusive Economic Zones.

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Abstract

Coming into effect in 1994, nations’ rights and responsibilities to govern their Exclusive Economic Zones (EEZ) is a relatively recent phenomenon. Technological advances have allowed for increased uses so the need to improve governance of these vast areas is more than a theoretical exercise. Governance of any commons, such as the EEZ, comes with unique challenges. The EEZ is a particularly difficult case to design a governance regime for because of its size and dynamic nature. There are three mechanisms for overcoming the challenges of governing a commons: the government, privatization, or co-management. The New Zealand government is currently developing legislation to improve management of the EEZ by filling regulatory gaps and addressing cumulative effects on the environment.

This report discusses the strategy of cumulative effects assessments and the advantages and disadvantages of this approach. The report then goes on to analyze various other governance strategies, such as a whole of government effort, marine spatial planning, and ocean zoning with and without property interests. The advantages and disadvantages of each strategy are discussed.

Table of contents

Acknowledgments
Executive Summary
Introduction

1. EEZ governance in New Zealand and the United States
2. Challenges to governing the EEZ commons
3. Potential strategies for improving governance of New Zealand’s EEZ

Conclusion
Bibliography

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