There continues to be congressional interest in limiting human activity in certain areas of the marine environment, as one response to mounting evidence of declining environmental quality and populations of living resources. The purposes of proposed additional limits would be both to stem declines and to permit the rehabilitation of these environments and populations. One method of implementing this concept is for Congress to designate areas where activities would be limited, often referred to as marine protected areas (MPAs). Translating the MPA approach into a national program, however, would require that Congress resolve many economic, ecological, and social dilemmas.

Open ocean aquaculture is broadly defined as the rearing of marine organisms in exposed areas beyond significant coastal influence. Open ocean aquaculture employs less control over organisms and the surrounding environment than do inshore and land-based aquaculture, which are often undertaken in enclosures, such as ponds. When aquaculture operations are located beyond coastal state jurisdiction, within the U.S. Exclusive Economic Zone (EEZ; generally 3 to 200 nautical miles from shore), they are regulated primarily by federal agencies. Thus far, only a few aquaculture research facilities have operated in the U.S. EEZ. To date, all commercial aquaculture facilities have been sited in nearshore waters under state or territorial jurisdiction.

Four species of non-indigenous Asian carp are expanding their range in U.S. waterways, resulting in a variety of concerns and problems. Three species-bighead, silver, and black carp-are of particular note, based on the perceived degree of environmental concern. Current controversy relates to what measures might be necessary and sufficient to prevent movement of Asian carp from the Mississippi River drainage into the Great Lakes through the Chicago Area Waterway System. Several bills have been introduced in the 112th Congress to direct actions to avoid the possibility of carp becoming established in the Great Lakes. According to the Great Lakes Fishery Commission, Asian carp pose a significant threat to commercial and recreational fisheries of the Great Lakes. Asian carp populations could expand rapidly and change the composition of Great Lakes ecosystems. Native species could be harmed because Asian carp are likely to compete with them for food and modify their habitat. It has been widely reported that Great Lakes fisheries generate economic activity of approximately $7 billion annually. Although Asian carp introduction is likely to modify Great Lakes ecosystems and cause harm to fisheries, studies forecasting the extent of potential harm are not available. Therefore, it is not possible to provide estimates of potential changes in the regional economy or economic value (social welfare) by lake, species, or fishery. The locks and waterways of the Chicago Area Waterway System (CAWS) have been a focal point for those debating how to prevent Asian carp encroachment on the Great Lakes. The CAWS is the only navigable link between the Great Lakes and the Mississippi River, and many note the potential of these waterways to facilitate invasive species transfers from one basin to the other. The U.S. Army Corps of Engineers constructed and is currently operating electrical barriers to prevent fish passage through these waterways. In light of recent indications that Asian carp may be present upstream of the barriers, increased federal funding to prevent fish encroachment was announced by the Obama Administration. Part of this funding is being spent by the Corps of Engineers to explore options relating to the "hydrologic separation" of the Great Lakes and Mississippi River drainage basins. The potential closure of navigation structures in the CAWS is of particular interest to both the Chicago area shipping industry and Great Lakes fishery interests. Since December 2010, Michigan and other Great Lakes states have filed a number of requests for court ordered measures to stop the migration of invasive Asian carp toward Lake Michigan from the Mississippi River basin via the CAWS. The U.S. Supreme Court denied several motions for injunctions to force Illinois, the U.S. Army Corps of Engineers, and the Metropolitan Water Reclamation District of Greater Chicago to take necessary measures to prevent the carp from entering Lake Michigan. Michigan, Minnesota, Ohio, Pennsylvania, and Wisconsin sought a separate order in federal district court seeking similar relief, which was also denied. In the 112th Congress, language in P.L. 112-74 authorized the Corps of Engineers to take emergency measures to exclude Asian carp from the Great Lakes. In addition, H.R. 892 and S. 471 would direct federal agencies to take measures to control the spread of Asian carp. Notably, each of these bills, as well as H.R. 4406 and S. 2317, would require the Corps of Engineers to complete the Chicago portion of a study on hydrologic separation of the Great Lakes and Mississippi River Basin within 18 months of enactment. H.R. 2432 would require the Corps of Engineers to prepare an economic impact statement before carrying out any federal action relating to the Chicago Area Water System. H.R. 4146 and S. 2164 would authorize the Corps of Engineers to take actions to manage Asian carp traveling up the Mississippi River in Minnesota.

The Coastal Zone Management Act (CZMA) was first enacted in 1972, at a time when coordinated land use planning was generally supported in Congress. Planning was seen as central to protecting natural resources while fostering wise development in the coastal zone. Since 1972, pressures for both preservation and development have grown more intense as people continue to migrate to coastal areas to take advantage of economic opportunities, to retire, and to pursue recreational interests; as economic activities continue to concentrate in coastal locations; and as natural resources are threatened by the magnitude and location of these changes. The CZMA recognizes that many of these pressures are not compatible, and also that states (and in some states, local government) have the lead responsibility for planning and managing their coastal zones. The CZMA authorizes grants to states to develop and implement coastal management programs to address these pressures. The concepts behind the program combined with the modest grants have attracted 34 of the 35 eligible states and territories to participate. Although authorization for appropriations expired after FY1999, Congress continues to fund this program.