Regional Ocean Governance: The Role of the Public Trust Doctrine

Abstract

In the two years since the Pew Ocean Commission and U.S. Ocean Commission recommendations, policymakers and ocean managers have begun considering regional ocean governance (ROG) as a tool to better manage ocean and coastal resources and move toward ecosystem-based management of the oceans and coasts. A ROG mechanism would not start from scratch; to the contrary, regional (or in some circumstances 'multi-state') efforts have existed for decades. The elevation of ROG to the position of a structural foundation for state, regional, and national marine resource management requires consideration of the historical underpinnings of ocean and coastal management, namely the Public Trust Doctrine (PTD or Doctrine) and its role in moving governance structures toward effective ecosystem-based management.