Regional fishery management councils and the display of scientific authority

Abstract

Natural resource management entities such as the Regional Fishery Management Councils established by the Magnuson Fishery Conservation and Management Act of 1976 depend heavily on science to inform policymakers and to legitimate the policy process. This paper discusses the importance of fishery science to the council system, contrasts the functions of Scientific and Statistical Committees (SSCs) serving the Pacific Fishery Management Council and the New England Fishery Management Council, and remarks on the implications of differences in the display of scientific authority by these SSCs.     

Regional fishery management councils: The federal perspective

Abstract

Under the Magnuson Fishery Conservation and Management Act of 1976, the federal government cooperates with states, the fishing industry, and public constituencies to regulate fisheries. This paper notes changes in U.S. fisheries over the last decade, remarks on the effectiveness of the Act, and makes suggestions for an improved fishery management process.     

Policy and culture: The bristol bay case

Abstract

This paper deals with the difficulties of implementing legislation in non‐Western social and cultural contexts. The author presents an abbreviated case study of Alaska's effort to increase the economic returns of resident fishermen by restricting entry into state‐controlled fisheries. This paper examines how the implicit objectives of Alaska's Limited Entry Act of 1973 were effectively obstructed by the regulatory policy and by the implementation process. The paper focuses on the impact of this policy on Native Americans of Bristol Bay, Alaska, the site of the largest commercial fishery in Alaska and the world's largest salmon runs. Presented are some of the reasons several hundred natives were ultimately excluded from participating in the local commercial fishery.     

Noaa's marine sanctuary program

Abstract

Authority to designate marine sanctuaries was established by Title III of the Marine Protection, Research, and Sanctuaries Act of 1972. One may view this authority as the ocean water counterpart to our National Parks and Seashores. Contained herein is a discussion of the components of the Title and how the National Oceanic and Atmospheric Administration (NOAA) plans to carry out the program. Nominations received to date are briefly discussed.     

Fisheries Governance Affecting Conservation Outcomes in the United States and European Union

Abstract

Fisheries management in the USA, as governed by the Magnuson–Stevens Fishery Conservation and Management Act (MSA), has been decidedly more successful at meeting its conservation goals than has fisheries management in the EU, as governed by the Common Fisheries Policy (CFP). In an effort to explain the different outcomes in these two systems that share many management attributes, we evaluated them against a list of effective governance attributes gleaned from the literature. We also examined the distribution of rights and responsibilities within each system, and the resulting stewardship incentives. Five effective governance attributes are fully realized under the MSA but have historically been absent from the CFP system: adequate regulatory authority, effective enforcement mechanisms, science-based decision-making, conservation-oriented goals and clear objectives, and directives. These governance system gaps, along with uneven distributions of rights, responsibilities, and incentives, may be responsible for the observed difference in conservation outcomes.     

Coastal zone management from an administrative perspective: A case study of the san francisco bay conservation and development commission

Abstract

Competent administration of the Coastal Zone Management Act of 1972 (CZMA) must proceed on an informed understanding of the organization styles and capacities of agencies presently dealing with similar problems. One such agency, the San Francisco Bay Conservation and Development Commission (BCDC), the forerunner of the California model of coastal management, is analyzed here to shed light on where we are headed and what we can expect administratively as the CZMA becomes an operation reality.

The major administrative insights offered fall into the areas of: (1) effectiveness assessment‐the BCDC's success is systematically defined and measured, and a discussion of what effectiveness evaluation implies in the area of coastal resource management is undertaken; (2) understanding organizational success—the BCDC's administrative style is analyzed in terms of the synergy which has been created between its organizational structure and decision‐making process; and (3) implications of agency success—which of the BCDC's lessons are most valuable and how these can be applied to other situations are shown.     

The U.S. national marine sanctuary program: An analysis of the program's implementation and current issues

Abstract

The U.S. National Marine Sanctuary Program was established in 1972 by Title III of the Marine Protection, Research, and Sanctuaries Act (16 U.S.C. §1431 et seq.). In this article, we discuss the development of the sanctuary concept, and the original intent of Congress, and analyze how it was applied by the sanctuary program. Differences in interpretation of the program's purpose are examined, including discussion of the multiple‐use management concept, an important but controversial management technique used in the sanctuaries. The continuing efforts by Congress and the National Oceanic and Atmospheric Administration to clarify the program's purpose are investigated. The program's administrative history is explained and the current sanctuaries and active candidates are briefly described. In light of the 1988 reauthorization of the Marine Sanctuary Act, the current issues facing the program are analyzed. Finally, we draw conclusions and make recommendations for the program's future.     

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.     

Tragedy of the San Francisco bay commons

Abstract

Although the early efforts to save San Francisco Bay in the 1960's provided the role model for protection of California's 1100 mile ocean coastline, neither Proposition 20 of 1972 nor the California Coastal Act of 1976 provided any benefits to San Francisco Bay. One result is that the Bay is locked into its urban, shoreline‐use dominated plan of 1969 while every other estuary and coastal wetland in California receives much stronger protection of its resources. Furthermore, due to the complexity of California's water laws, there is no instream flow protection for receiving waters such as San Francisco Bay. This is particularly critical considering that 70% of the Bay's freshwater inflow has been diverted. The Bay's present decline as the largest and most important estuary on the West Coast, as well as its possible death as an estuary, may be irreversible. The problem requires the immediate attention of engineering, scientific, economic and legal disciplines if San Francisco Bay is to be saved.     

Local environmental management—can it work? A case study of the Virginia Wetlands Act

Abstract

The Virginia Wetlands Act of 1972 provides the localities of Tidewater Virginia an opportunity to participate in the management of the state's coastal wetlands resources. This study attempts to analyze the effectiveness of this legislation and to examine the implications of a local management scheme for coastal resource management on a broader scale. Criteria are also established that can be used to evaluate the effectiveness of such a law. When examined in the light of these criteria, the Virginia Wetlands Act emerges, for the most part, as an effective piece of environmental quality legislation that has had a significant impact on wetlands destruction in the state of Virginia. During the two‐year period following the passage of the Act, wetlands losses through the permitting process showed an 18‐fold decrease from previous estimates. The Wetlands Act appears to have been generally accepted by the public and has resulted in consistently uniform decisions, which have reduced wetlands losses without unduly restricting the necessary and legitimate development of the state's wetlands.     

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.     

Integrating visual management into the coastal zone planning process: The Massachusetts experience

Abstract

This paper concerns the limitations on integrating visual management into the coastal zone planning process as exemplified by the Commonwealth of Massachusetts, a state with a strong tradition of “home rule”; and a CZM implementation program based on a “networking”; of existing state authorities. The implications of the Massachusetts experience are that: (a) management of esthetic resources at the state level continues to be much less of a priority than management of ecological resources such as wetlands or floodplains; (b) visual management has yet to engender a strongly supportive constituency beyond that concerned with historic preservation; (c) project review focusing on visual impacts may be a more appropriate activity for local rather than state government; and (d) the technical aspects of visual management or impact assessment are far more advanced than their political acceptability. Political realities, together with the decision that implementation of the program should be based on a networking of existing authorities, thus determined the degree to which visual management could be incorporated into the state's program. As a result, the program's principal instruments of visual management became a strengthening of existing programs such as Wild and Scenic Rivers, reliance on wetland protection statutes to indirectly protect natural scenic values, and the use of the federal consistency provisions of the Coastal Zone Management Act to foster focused growth patterns through provision of publicly funded infrastructures. Esthetically oriented project review, with the exception of potential impacts on historic sites, was left to the discretion of local government, and a technical assistance program was created to provide funding or professional skills to communities interested in developing their own esthetic controls or design review processes. Maine, Rhode Island, and other New England states have followed a similar course.     

Impacts of energy development on coastal recreation: The case of New Jersey

Abstract

This paper presents the methodology and results of a study commissioned by the Division of Coastal Resources of the New Jersey Department of Environmental Protection. The objective of the study was to assess the economic and social impacts of potential energy activities on New Jersey's shorefront recreational resources for the purpose of formulating policies concerning the location of energy facilities on the coast. The Coastal Tourism Response Model developed as part of the project is briefly described and suggestions are offered for model application. The paper reviews the literature assessing the impacts of environmental changes on human attitudes and behavior and further discusses energy facilities and tourists in particular. It concludes that energy facilities, if carefully planned, can coexist with tourism activities, and stresses the role of regional differences and local attitudes toward development and preservation as key factors in determining the state policy.     

Integrating banks’ decision on financing dry bulk shipping: a multivariable approach

ABSTRACT

Shipping is characterized by extreme changes in revenues, operating expenses and asset values, making shipping banks’ final decision for financing shipping market considerably harder. This paper develops a practical decision tool based on the estimation of the credibility factor in the decision-making process, each bank’s policy, and the most significant variables arising from both its operating environment and the dry bulk market. Revealed relationships between bank’s internal environment, its own policy, and dry-bulk shipping market conditions through GDP growth of China constitute a newly presented decision framework in shipping finance. The values of credibility factor implicate either an aggressive or passive defensive strategy taking into account the GDP China changes: Consistent with the economic growth of China, a bank’s holds an aggressive policy if the credibility coefficient is about one. On the other hand, the model predicts that a less aggressive policy in combination with the increase of China’s GDP would drive to the decrease of bank’s loan grants.     

The slippery slope of lot consolidation in the Santa Monica Mountains: A program assessment

Abstract

The authors present an assessment of the Coastal Conservancy's efforts to consolidate small, substandard lots in the Santa Monica Mountains. Emphasis is placed on the ‘ ‘lessons learned’ ‘ by the Conservancy in its project experience as those lessons may be applicable to related efforts elsewhere. Finally, alternative means of lot consolidation are suggested. This assessment should be of relevance to other programs nationwide to address the problem of antiquated subdivisions.     

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 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.     

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.     

Valuing Recreation and Amenities at San Diego County Beaches

Abstract

Policymakers and analysts concerned with coastal issues often need economic value information to evaluate policies that affect beach recreation. This paper presents economic values associated with beach recreation in San Diego County generated from a recreation demand model that explains a beach user's choice of which beach to visit. These include estimates of the economic values of a beach day, beach closures, and beach amenities.     

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.