Shipwrecks: The past in the present

Abstract

Historic shipwrecks are a recently recognized group of historic resources. These shipwrecks attract sport divers, archeologists, and treasure hunters. States have always claimed the historic shipwrecks embedded in their submerged lands. States manage these resources as part of their historic preservation programs. However, since 1981, state authority has been challenged by the federal court sitting in admiralty. Cases have been decided in Florida, Massachusetts, Maryland, Texas, and Georgia; however, only one Florida case went against the states but the expensive litigation has been a drain on state treasuries.

Bills currently before the U.S. Congress will affirm state title and encourage states to put effort into state programs for historic shipwrecks. This article briefly describes the populations interested in shipwrecks, current case law, state law and state programs, and finally the federal legislative proposal.     

State ocean policy initiatives in Florida

Abstract

A territorial sea comprising 6.7 million acres of offshore lands extending three geographic miles into the Atlantic Ocean three marine leagues (nine geographic miles) into the Gulf of Mexico makes Florida the second largest “oceanowning”; state in the contiguous United States. Florida's history, climate, economic development, and worldwide reputation have evolved from the state's relationship with the sea. The state is now becoming aware that aggressive management of its ocean resources is necessary to preserve the future of that relationship. The purpose of this article is to present some of Florida's recent legal and policy initiatives that have been directed toward better understanding and management of ocean resources and uses.     

Total losses and the peril of piracy in English law of marine insurance

Whereas the Marine Insurance Act 1906 provides substantial detail about total losses, very little is provided in relation to piracy in the said statute. The recent judgments in Masefield v Amlin by Steel J ([2010] 1Lloyd's Rep. IR 345) and then by the English Court of Appeal ([2011] EWCA Civ 24) have highlighted the difficulties associated with determining whether a seizure of the subject-matter of insurance, in this case cargo, by pirates, demanding a ransom, can give rise to a claim for a total loss. This is a very important matter which also raises issues of legality and public policy. This article examines the implications of this judgment against the backdrop of the English marine insurance definition of piracy and the intricacies of the law relating to constructive and actual total losses. The article concludes with the suggestion that possibly the marine insurance definition of piracy should tally with that in the domain of public international law, and further, that legislative intervention should be considered for the purpose of ascertaining the point in time whether and when seizure by pirates can constitute a total loss.     

On a clear day in Ogunquit,Maine

Abstract

Winning a court case against a federal agency may seem to be the sweetest success for an environmental group, but losing litigation is not total failure. In the case of Ogunquit Village Corporation et al., vs. R. M. Davis the plaintiff lost the legal skirmish against the Soil Conservation Service, but in doing so significantly aided the struggle within the agency to implement more environmentally sensitive planning and engineering procedures. This paper describes the court case in terms of the Soil Conservation Service's procedural and policy responses including the agency's modus operandi and the internal paths/pitfalls involved with the implementation of visual resource management. The author also speculates as to the visual resource understanding of the evidence presented by the plaintiff and a possible but unstated visual basis for the original complaint.     

Making public policy through citizen committees: Case histories from the Islands

Abstract

Citizen committees properly designed can strongly influence public policy. Examples are taken from the results of reports on marine affairs that citizen committees wrote in Hawaii, the U.S. Virgin Islands and Puerto Rico. Community acceptance and use of each report came about because (1) many members of the committees were in positions to act on the recommendations, (2) the recommendations were specific and called for actions other than studies, and (3) the governor of each area had asked that a report be drawn. To ensure attention to the reports, each governor had agreed that they would be uncensored, widely publicized, and released concurrently to the public and the government.     

The Sefton Coast Management Scheme: Project and Process

Abstract

The Sefton Coast Management Scheme in northwest England uses an area‐based project to achieve coordinated land management. It is founded on the ‘'Heritage Coast'’ model pioneered by the Countryside Commission where a ‘"Project Officer”; is employed to promote the Scheme and translate the aims into practical achievement. The Sefton Coast is described and a summary of British coastal planning policy precedes a detailed analysis of the Scheme. The Scheme is assessed with reference to practical management work, its success in competition for scarce financial resources, and the involvement of volunteers. It is established that the Project Officer is crucial to the success of the Scheme and that area‐based management can best be achieved through the local government planning process. Coastal planning needs now to be reviewed at national level to develop a policy for the whole coast using the experience of projects such as the Sefton Coast Management Scheme.     

Culture,Ethnography, and Marine Affairs

Abstract

Marine and coastal zone policy represents a collaboration of people managing and people managed. This paper takes a holistic stance in suggesting that marine communities are viewed properly as networks of focused interest groups, policymakers, professionals, and publics. The interplay between culture and marine and coastal policy is appropriately one topic of applied social research. Seven ethnographic studies in this domain are introduced in this theme issue and help us to understand sociocultural processes and institutions bearing on marine affairs.     

Ecological and economic principles in park planning: The Assateague national seashore model

Abstract

The National Park Service is required by law to conserve nationally significant resources for public benefit. Susceptibility to local short‐term economic pressures and a lack of understanding of resource dynamics can jeopardize mandate compliance. Assateague National Seashore is an example of a dynamic barrier island where early understanding of ecologic factors should have preceded its establishment and must precede its management and development. Research conducted on a similar system has demonstrated the dramatic environmental impacts and high maintenance costs associated with an inappropriate recreation management scheme. Alternatives are available which minimize resource degradation and maintenance costs without restricting visitation. To better ensure incorporation of long‐run ecologic and economic criteria into the decision‐making process, a proposal is put forward which recognizes the need for an expanded research effort and close adherence to early planning steps.     

Conservation and development in Oregon's coastal zone

Abstract

Coastal zone management in Oregon is based on the state's general land‐use law. This body of law is designed to deal with population increase, urbanization, and preservation of agricultural land, as well as with other problems throughout the state. Early planning and policy recommendations for the coast were in the hands of a commission having predominantly local membership. This commission produced an extensive series of studies, policies, and recommendations which were assembled as a proposed management tool for natural resources. Staff of the commission was then absorbed into the state land‐management agency, which developed final goals and guidelines for compliance with the Coastal Zone Management Act. Adoption of the coastal goals in December 1976 has triggered deadlines for local government compliance within the coastal zone. The management program is now undergoing federal review.     

Aquaculture siting issues in Washington's coastal zone

Abstract

Greater commitments of aquatic resources are required as aquaculture activities expand and intensify. At the same time, increasing recreational and residential uses of the coast are placing other demands on many of the same resources. Multiple use disputes are arising and conflicts are intensifying. This paper is a problem analysis based on recent public debates in the state of Washington which surrounded the mechanical harvest of clams, raft culture of mussels, and pen rearing of salmon. Subjects of potential conflict are shown in the questions of continuing the subtidal harvest of geoducks, raft culturing of marine algae for food and chemical extracts, and continuing the use of public nearshore aquatic areas for private oyster farming. This report also suggests that better coastal management techniques need to be developed which address: (1) how environmental impacts and risks are determined; (2) how claims for esthetic quality can be evaluated and measured; and (3) which methods can be used to plan for the aquatic areas which recognize the special features of the aquatic areas.     

The lost waterfront of New York

Abstract

No integrated municipal policy exists for managing the New York City waterfront. Despite much rhetoric and many proposals to renew the city's coast, the municipal government has done little to improve the city's coastal shoreline. External organizations and citizens’ groups have been largely responsible for efforts to improve the use of the city's coastal resources. This article assesses the role of the city government and analyzes the factors affecting its performance in coastal management. It proposes new policies to foster local initiatives and encourages private and public cooperation in the revitalization of the coast. Given the size and diversity of the city's coast, an incremental strategy may be the most feasible and sensible approach to recapture the city's lost waterfront.     

Israel's coastal program: Resource protection through management of land use

Abstract

Presently, much of Israel's 190‐kilometer‐long Mediterranean coast is either unoccupied, devoted to unsuitable uses, or is in use by activities which have no special need to be near the water's edge. This has resulted from years of lack of appreciation by policy‐makers of the coast as a valuable resource, of national development policies that directed attention to other regions, and of the relatively limited demand for coastal recreation.

In the last decade the importance of these factors has diminished. In turn, there is now mounting pressure for the development of coastal land. Increasingly, rising standards of living with a greater demand for recreational facilities, the growth of tourism as a major industry, and demands of the environmental lobby for conservation of part of the coastal land are factors bound to cause intensive change along the coast and to affect the quality of its resources. These trends have brought about public intervention in deciding the future of the coast. This paper reviews and analyzes Israel's coastal policy and its resource management programs, and also discusses the potential challenges to their full implementation.

Three types of programs were suggested as the main management tools: a coastal research and development effort, national coastal land use planning and pollution prevention, and monitoring and control programs. Major objectives of the programs were to be achieved through land use controls. Consequently, an important role is given in the development and implementation of the coastal program to agencies responsible for the management of physical land use planning and development.

Successful implementation of the management program, however, will depend on the ability of its administrators to coordinate the actions of many interests, on success in changing attitudes among decision‐makers as to the value of the coast, and on widening support for coastal resource conservation among a presently uninvolved public.     

Public access to the shoreline: The Rhode Island example

Abstract

Competition for the use of our nation's shoreline has produced a thorough analysis of means to accommodate the increased demands of the public for access to the shore. The issue of public access in Rhode Island is considered at three levels. First, Rhode Island cases involving common law doctrines, such as the public trust, dedication, and so forth, are examined for their relevance. Second, the effect of the federal government in Rhode Island through the Coastal Zone Management Act and its amendments is studied. Finally, two types of state management programs are considered—a Commission for the Discovery of Rights of Way and the Coastal Resources Management Council.     

Public Perception of Ocean Governance and Marine Resources Management in Taiwan

Understanding public perception of the oceans, and relationship between society and the sea is an important key to the sustainable management of marine resources. This research reports the first population-based survey on Taiwanese public knowledge, attitudes, and actions on marine-related issues. The stratified random sampling by county was completed with 1,120 telephone respondents from October to December 2010. More than 60% of the respondents have heard about global warming, sea-level rising, the Gulf of Mexico oil spill, the coral reef bleaching crisis, and Japan whaling fisheries. However, less than 20% of the respondents are aware of Taiwanese domestic marine policies, such as the Ocean White Paper. On resources conservation, 74.7% of the respondents support the bluefin tuna catches regulations and 76.6% agree that the shark fin fisheries will impact shark resources. Education and age are the major affecting variables for resource conservation and knowledge. Higher education and age 40–49 are most supportive of conservation measures. For marine recreational activities, 42.2% of the respondents can swim, and 44.2% of the respondents had not visited the beach in the previous year. The results suggest that the government could establish a specialized agency to strengthen its marine policy and take more actions to protect ocean environment and conserve marine resources. To encourage more Taiwanese to participate in ocean recreational activities, the government could build a safe facility for marine recreation, cooperate with the private sectors in education, and provide outreach to raise public awareness of the oceans.     

Marine and coastal protected areas in Latin America: A preliminary assessment

Abstract

One approach to the management of coastal and marine areas is the establishment of protected areas (e.g., reserves, parks, sanctuaries). Under the general rubric of “marine reserves,”; this paper examines the Latin American experience with this strategy. A comprehensive table lists most, if not all, national or state declared parks or reserves. The table is organized by country. All Latin American nations have, to a varying extent, declared marine parks and protected areas. The authors review the sources or uses which have been “managed”; by marine reserves, the management approaches, uses, and problem which have been identified in achieving management objectives. The authors conclude with observations about the potential future utility of marine reserves as a management approach for areas and resources of the coastal and littoral zones of Latin America.     

A product life cycle approach to urban waterfronts: The revitalization of Galveston

Abstract

Urban waterfronts are increasingly the focus of revitalization efforts designed to enhance tourism and recreation. The evolution of urban waterfronts suggests that these resources experience distinct stages of introduction, growth, maturity, decline, and sometimes revitalization. In this paper the product life cycle is broadened to describe the evolution of the waterfront district of Galveston, Texas. Implications of the product life cycle model of urban waterfront revitalization pertain to public policy formation, “product”; development, and management response to different life cycle stages.     

Urban sports anglers and Lake Michigan fishery policies

Abstract

Over the past few years an unusually intense struggle over the future of the Lake Michigan fishery has occurred in the coastal communities of Racine and Kenosha. This struggle has engaged participants on the local, state, and national levels in the debate over the fishery as it is potentially impacted by the presence of environmental toxins, the rising cost of fish stocking and management, and conflicting user group demands. We describe three cases where urban sports anglers, with the assistance of university based social scientists, participated in state and city public policy decisions. After discussing this research and its policy implications, we propose a general public participation paradigm termed the Reciprocal Development Model.     

International trade in marine species: Is CITES a useful control mechanism?

Abstract

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) was created to prevent species becoming threatened through international trade. It generally prohibits international commercial trade in seriously threatened species but permits trade in a regulated manner in species vulnerable to exploitation but not yet at risk of extinction. CITES covers comparatively few marine taxa, reflecting the fact that most marine species have much greater ranges and fecundity than terrestrial species and so are more resilient to exploitation. Exceptions are to be found in the higher vertebrates. Several marine mammals may have benefited from CITES controls, although their popular appeal, commercial importance, and extreme vulnerability have meant that other treaties and conservation activities have been adopted to control their exploitation. Marine turtles Cheloniidae and the estuarine crocodile (Crocodylus porosus) certainly have benefited from CITES controls. Many commercially important fishes and invertebrates are covered by international and regional fishery agreements; a few, with life histories making them particularly vulnerable to exploitation, are subject to CITES controls. The structure of CITES limits its utility as a conservation tool for marine species, but where other mechanisms fail or are absent, it plays a useful role, and it is particularly valuable as an international trade monitoring mechanism.     

The urban port: A hidden resource for the city and the coastal zone

Abstract

This paper is concerned with the changing pattern of activity on the urban waterfront. It examines developments in marine transportation technology and in the economic structure of the central city that have influenced the function of the urban port. Drawing upon data related to the West Side of Manhattan, the impact of the changes in cargo and passenger ship operations on the urban port is described and analyzed. A twofold strategy for public agencies to identify and understand the opportunities presented by technological change and to formulate policies for the redevelopment of the urban coastal zone is discussed.     

Environmental quality within an interorganizational matrix: A case study of the SOHIO project

Abstract

Urban coastal management is now part of a large, complex set of regional, state, and federal interorganizational arrangements. This emerging matrix consists of a loosely linked set of nearly independent decision points. Cities have little capacity within this matrix for independent action. Recent experience in the SOHIO project by the City and Port of Long Beach, California, illustrates the point to which external agencies have taken over decision‐making for use of coastal resources. Public bodies removed from city affairs and politics and with interests in other than coastal affairs have become dominant and have overridden local policy‐making. The public costs to citizens and local governments of the emerging interorganizational matrix are very high and may be excessive. As it is emerging, the matrix is a semi‐autonomous set of bureaucratic decision points which is unhinged from community values and regular political infrastructures.