Plastic, the Great Pacific Garbage Patch, and International Misfires at a Cure

Abstract

I. INTRODUCTION II. BACKGROUND A. The Current State of Pacific Ocean 1. Plastics and Their Effect on Marine Environment and Human Health 2. The Papahanaumokuakea Marine National Monument B. Current International Water Quality Conventions and National Ocean Water Quality Statutes III. PROPOSAL: INTERNATIONAL OCEANIC DEBRIS PREVENTION AND REDUCTION AGREEMENT IV. CONCLUSION V. APPENDIX A: MAP OF THE PAPAHANAUMOKUAKEA MARINE NATIONAL MONUMENT VI. APPENDIX B: MIGRATION OF PLASTICS IN THE GPGP OVER 10 YEARS I. INTRODUCTION Plastic and synthetic debris in oceans have a profoundly negative effect on lives of marine animals, plants, birds, and ultimately humans. As this form of pollution endangers quality of ocean water, it likewise reduces quantity of water suitable for life. (1) This has a disastrous effect on quality and quantity of resources provided by planet's oceans. One particularly chilling example of effects of plastic is found in the world's largest landfill, located in central Pacific Ocean: Great Pacific Garbage Patch (GPGP). (2) There are currently several international treaties and agreements that target some of causes of GPGP. Nonetheless, these treaties and agreements are only as strong as laws of member states. It is up to a member state to regulate and prosecute illegal activities within its waters, or in some instances, to prosecute acts done by vessels sailing under its flag. Recognizing that [u]nregulated dumping of material into ocean waters endangers human health, welfare, and amenities, and marine environment, ecological systems, and economic potentialities, (3) United States has passed a number of statutes to prevent and remediate ocean dumping, both as a national matter and pursuant to its responsibilities under those international agreements to which it is a signatory. In spite of these bodies of law, primary cause of GPGP is ignored: land-based sources. To truly reverse course of GPGP, world's nations need to strengthen their domestic water quality and solid waste disposal laws in order to prevent introduction of plastic debris into national waterways, such as rivers, streams and canals. As will be discussed, it is these waterways that ultimately deliver vast majority of plastics to our oceans. This article will begin with an examination of current state of Pacific Ocean and its pollution levels. Specifically, causal nexus between plastic and oceanic pollutants will be discussed, with particular attention paid to Papahanaumokuakea Marine National Monument. (4) This article will then survey national and international oceanic water quality laws and agreements already in place, and identify weaknesses and strengths of each. Finally, this article will propose possible changes to Federal Water Pollution Control Act, (5) commonly known as Clean Water Act, and Solid Waste Disposal Act, as amended by Resource Conservation and Recovery Act, (6) to halt GPGP's growth and general accumulation of plastic oceanic debris. II. BACKGROUND A. The Current State of Pacific Ocean The Great Pacific Garbage Patch is an area of marine debris concentration in North Pacific Ocean, (7) comprised of North Pacific Subtropical High (PSH), (8) which is located between California and Hawaii, and recirculation gyre, which is located off coast of Japan. (9) The PSH and recirculation gyre are connected by North Pacific Subtropical Convergence Zone (STCZ), (10) which is located along southern edge of an area known as North Pacific Transition Zone. (11) Within this zone, [a] huge mountain of air, which has been heated at equator ... descend[s] in a gentle clockwise rotation as it approaches North Pole. …