Response of coastal zone management programs to sea level rise in the United States

Abstract

State coastal zone management programs are responding to the potential impacts of accelerated sea level rise through a wide range of activities and policies. This article provides a brief overview of the Coastal Zone Management Act and other federal laws that provide the basis for coastal state regulatory activities. It surveys the level of response to sea level rise by state coastal management programs in 24 marines coastal states, from formal recognition to implementation of policies addressing the issue. Individual state CZMP responses and policies that have been implemented or proposed are categorized. The adaptation of sea level rise to ongoing institutional objectives is discussed and policy constraints and trends are summarized.     

The Quiet Revolution in Visual Resource Management: A view from the coast

Abstract

This introductory piece traces the growth of knowledge and activity associated with visual resource management in general. A specific framework of questions regarding methods of coastal zone visual resource management is presented. The state‐of‐the‐art in methodological studies is listed for each question, and the methodological questions are related to the major articles with the special issue of the Coastal Zone Management Journal. Major legal federal statutes, state statutes, and court cases are reviewed in light of visual resource management in the coastal zone. The remaining articles within the special issue that deal with integration of VRM into decision‐making are then arrayed against a management framework. This framework includes regulatory situations for (1) public land management and planning, (2) public projects involving private lands, and (3) public regulation of private projects.     

Public involvement in offshore oil development: Lessons from New England

Abstract

Public perceptions of the risks and benefits of offshore oil development off the New England coast are examined. The influence of these perceptions on state policies toward federal actions is analyzed. A distinct trend of issue identification, critical analysis, consensus building, and state or regional action is observed. Throughout this interactive process between the region and the federal government, even though divergent state positions have evolved, there is a growing regional acceptance of coastal zone management concepts.     

Federal consistency and state expectations

Abstract

The requirement in the Coastal Zone Management Act of 1972 that federal projects be consistent with approved state coastal zone management programs is an important incentive for states to complete their programs. As a condition of program approval, states must first consult with the federal agencies concerned and provide opportunities for comment, with the hope of avoiding conflicts. The consistency requirement is also subject to various exceptions whose scope remains to be determined. One such exception of uncertain extent is the exclusion from the coastal zone of federal lands “the use of which is subject solely to the sole discretion ... of the Federal Government....”; Despite these uncertainties, however, the consistency provision represents a major change in federal policy, which has traditionally allowed federal agencies to operate largely without concern for state land or water use requirements.     

Federal‐state revenue sharing and resource management under outer continental shelf lands act section 8(g)

Abstract

Section 8(g) was added to the Outer Continental Shelf Lands Act (OCSLA) in 1978. It mandated sharing of the revenues from tracts that included oil and gas pools underlying the federal‐state boundary 3 miles offshore. Revenues were to be split based on agreements negotiated by the secretary of Interior and the relevant coastal state governor or “fair and equitable”; divisions made by the federal district courts. Only one agreement was concluded. Texas and Louisiana sued to force distribution of their shares of $6.1 billion in 8(g) funds held in escrow. In 1986 Congress divided the escrowed 8(g) revenues approximately 27 percent to the adjacent states and 73 percent to the federal government and legislated the same split for all future 8(g) revenues. This article examines the complex issues that section 8(g), as amended, raises for the management of federal and state submerged lands. Cooperative federal‐state approaches to implementing amended section 8(g) are reviewed. Section 8(g)'s broader implications as the only federal‐state ocean resource, revenue‐sharing mechanism currently in place also are addressed.     

Marine log transportation and handling systems in british columbia: Impacts on coastal management

Abstract

Over 90 percent of British Columbia's annual log harvest enters into complex water‐based systems of transportation, storage, and handling. These systems have considerable impacts on a wide range of coastal resources and uses. A number of site‐specific conflicts have arisen between forestry and preexisting or emerging values including fisheries, mariculture, recreational boating, and harbor redevelopment. Specific data on the impacts leading to conflict are often fragmentary. However, concerns about highly valued and fragile areas‐particularly estuariesalong with industrial concerns regarding log losses and handling efficiency, have prompted changes in log handling. These include moves to dryland sorting, log bundling, and a redistribution of forestry activities in estuaries to accommodate other values. Conflict adjustments and responses have in the past been largely ad hoc and attempted in a jurisdictional vacuum concerning control of coastal management. A more inclusive strategy is now slowly emerging, which involves the coordinated participation of federal, provincial, and industrial interests.     

The long island response to the risks of outer continental shelf oil production

Abstract

The legal battles employed as a strategy to secure increased environmental safeguards identified by the technical studies demonstrate the role of public opinion in shaping federal actions. This article approaches the question of risk from OCS oil production activities by discussing the methodology developed to identify the probability of impact to the south shore of Long Island from the potential of an oil spill, either from drilling or transport activities. A set of probability curves were developed in accordance with seasonal climatic and current patterns in order to establish a range of hazard zones to enable the development of regulatory policy for the location and relocation of shipping lanes that would minimize direct impact to the near shore waters and coastline of Long Island.     

Opportunities for a state‐federal partnership in an expanded territorial sea

Abstract

The United States currently has a 3‐mile territorial sea limit which is under the jurisdiction of coastal states. In the event the United States joins with other countries in adopting a 12‐mile territorial sea, Congress may consider extending state jurisdiction to 12 miles. It may be in the best interest of coastal states to oppose extension and instead support a strengthened federal‐state ocean management regime which disregards boundary lines and is based on the sharing of outer continental shelf leasing revenues along with a guaranteed role for coastal states in federal decision‐making.     

Public law litigation and marine affairs: The boldt decision

Abstract

The management and conservation of the marine environment and its natural resources are increasingly understood to be issues of public policy with consequences for society at large. On a variety of dramatic occasions over the last decades, the federal judiciary has departed from its traditionally passive role in the shaping of social policy. This paper examines a critical marine controversy, the Boldt Decision (U.S. v. Washington 1974), to illustrate and evaluate nontraditional judicial behavior. The first two sections introduce Indian‐United States treaties concerning Pacific Northwest salmon resources, and the unfolding of the Boldt Decision. A third section argues that a “public law”; model of litigation fits the legal events of the Boldt Decision. A fourth section addresses the competence of the Boldt court as it is manifest in judicial organization, analysis, and implementation. A final section comments on the potential for public law litigation elsewhere in the governing of marine affairs.     

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.     

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.     

Institutional arrangements for coastal conservation in New Zealand

Abstract

The focus of this paper is institutional arrangements for initiative coastal conservation in New Zealand. “Initiative”; conservation refers to positive measures for the protection of the natural environment for reasons related to its inherent worth. Case studies were undertaken in five areas with different biophysical and societal characteristics, where various approaches to coastal conservation are being attempted. In each area, an issue was analyzed to identify conservation policies and their relationship to ecological and human needs, and to administrative and legal frameworks. Analysis demonstrated that initiative conservation policy can encompass user and community needs while maintaining ecological priorities. Institutional arrangements do not appear to restrict the development of this type of policy in New Zealand, but they do limit its formal expression and implementation. Arrangements for cohesive conservation areas spanning the land‐sea interface are particularly lacking.     

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.     

海事部门在海上非法养殖触损事故民事调解中的注意环节

文中对非法养殖的行政违法性、民事所有权合法性及几类非法养殖触损事故赔偿问题进行分析,指出海事部门在非法养殖触损事故民事调解中,应准确认定养殖户的合法物权,明确赔偿范围,判定各方责任,维护当事各方合法权益,妥善处理纠纷。     

The social and political economy of coastal zone management: Shrimp mariculture in Ecuador

Abstract

The paper examines the applicability of First World CZM policy for the Third World by focusing on Ecuador's shrimp mariculture, an industry whose explosive growth has reshaped the coastal zone and generated problems threatening loss of the resource base itself. This has led to recognized need for CZM and movement by development agencies to transfer the CZ policies of developed countries. Against this background, the analysis explores local concepts of investment and conservation, the role of government and law, and the influence of the social economy on mariculture development. It illuminates how local use and management of coastal resources is inseparable from specifically Ecuadorean cultural concepts, institutions, and practices. This places in relief the salient differences between management in the First and Third Worlds, illuminating how coastal zone management must not only be internally consistent, but cognizant of and integrated into the prevailing social, economic, and political conditions.     

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.     

State vs. national interests in an expanded territorial sea

Abstract

The recently adopted Law of the Sea (LOS) Convention contains a provision allowing coastal nations to adopt 12‐mile territorial seas. Already 104 nations (of a total of 137 coastal nations) have claimed territorial seas of 12 miles or wider. The paper discusses the factors which, in the opinion of the authors, could cause the United States to broaden its territorial sea from the present 3 miles to 12 miles within the next half‐dozen years or so. The state‐federal ocean use and resource management issues that will be raised by such a move are reviewed and options for dealing with the jurisdictional issues are developed. Given the political and economic volatility of these issues and their complexity, the use of a broadly representative and well‐staffed study commission to formulate a course of action is suggested.     

Implementing coastal zone management: 1972–1990

Abstract

The implementation history of the Coastal Zone Management Act offers insights into the process of long‐term intergovernmental policy implementation. This five‐stage history is explained as a coproduction process, in which coastal state, environmental, and development advocacy coalitions interacted with congressional committees and the federal coastal office to shape coastal policy and manage coastal development. The coproduction approach proved invaluable during the Reagan assault on the coastal program, when the states and Congress assumed responsibility for keeping the program alive. Acknowledging underlying stakeholder dynamics as the basis for coastal program evaluation could strengthen future coastal management implementation.     

The Coastal Barrier Resources Act: Has It Discouraged Coastal Development?

Despite an effort by Congress to design a market-based public policy to limit development on certain coastal barriers and protect the federal treasury from paying for recovery from expensive natural disasters, growth continued on these shifting sands. In enacting the Coastal Barrier Resources Act, federal policymakers may have overlooked the key role of state and local governments, as well as the role of local developers, landowners, and realtors in shaping development on coastal barriers. By itself, the act will not prevent development. In fact, it appears that development in areas designated under the act will occur if (1) development pressure is strong enough to overcome the disincentives posed by the act, and (2) state and local governments facilitate development. For example, a local government may substitute its own subsidies for those withdrawn by the federal government. Nothing in the act prevents this from occurring. This article examines the key forces affecting development in areas designated under the Coastal Barrier Resources Act (CBRA) and seeks to explain why development has occurred in some designated areas, despite the withdrawal of federal subsidies. Using case studies of selected coastal barriers designated by the act, as well as surveys of state coastal managers and key informants, the research shows that the Coastal Barrier Resources Act, by itself, will not prevent development from occurring in the designated coastal areas.