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.     

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.     

Inclusionary housing in the California coastal zone

Abstract

This article evaluates the performance of the California Coastal Commission's inclusionary housing program by examining: (1) the scope of the housing regulations, (2) initial permit decisions on residential projects, (3) the disposition of these permits overtime, and (4) the composition of completed projects and a best‐case projection of possible project completions. Using a case study of Southern California, factors affecting program success are discussed, including the effects of the various regulations, the availability of project subsidies, local government permit policies, and housing market fluctuations. The authors conclude that such state regulatory programs cannot be expected to succeed in urbanized coastal areas without incentives for developers and augmented state agency authority, superseding local land use controls.     

Noaa's civil penalty policy: Time for a change

Abstract

This article explores the lack of uniform penalty assessment in the National Oceanic and Atmospheric Administration's (NOAA) civil penalty policy under the Fishery Conservation and Management Act (the Magnuson Act). The author sugests that NOAA's inconsistent penalty assessment invites noncompliance by fishers because they view the penalties as unfair and arbitrary. In particular, deterrence is undermined by the absence of a provision that removes the economic benefits of noncompliance. NOAA's policy is contrasted with the Environmental Protection Agency's (EPA) civil penalty policy, which uniformly assesses penalties while tailoring the penalty to the individual facts of the case and effectively removing the economic incentives of noncompliance. If NOAA implemented a policy similar to EPA's, NOAA would secure increased Magnuson Act compliance and higher penalty amounts.     

Visual landscape classification in the coastal strip of Santander (Spain)

Abstract

The coastal landscape in Santander, Spain, is analyzed in terms of landscape quality and fragility (or vulnerability). Quality is intended to indicate those areas of major landscape value for conservation purposes. Fragility is utilized to detect areas which could easily deteriorate if certain human activities are carried out. The authors’ study has three clearly differentiated phases. In the first, landscape units are defined and mapped. In the second, units are classified by computerized techniques and grouped according to significance. In the third phase, the true significance of the groups is interpreted. A mountainous, coastal zone in northern Spain was chosen for this study. Landscape units were determined by visual criteria with strong topographical bias. The area covered by each unit is that visible to an observer situated approximately in its center. Each unit is represented by certain biophysical and visual variables. Data were subjected to clustering analysis on the basis of using three ad casum defined “distances.”; The first distance gives unit classifications grouped according to similarity or proximity of their characteristic variables. In this case, inventory data only are used, no subjective value judgments were introduced in the process. Value judgments are made at the end on the resulting groupings of units. Two other distance classifications are determined by the similarity or proximity of the units making up each group according to the landscape quality and fragility values of each unit. In these latter cases, classification is influenced by value judgments introduced at the beginning of the process. These procedures are more subjective but give more congruent results. With each mathematical distance configuration, an analysis is made of the variables shown to be most representative and which have, therefore, shown greatest discriminatory power in selecting final groups. Finally, the different possibilities of the above techniques are discussed as well as their potential generalization to other fields demanding the treatment of qualitative landscape variables.     

Thermidor in land use control?

Abstract

In June 1987, the U.S. Supreme Court in Nollan v. California Coastal Commission held against the California Coastal Commission. Did this legal landmark signal the rise of a new, conservative jurisprudence of takings? And if yes, did that imply the demise of what had been accomplished by the so‐called quiet revolution in land use control that swept the country in the late 1960s and early 1970s? The complexities of this case cannot be understood apart from the historical evolution of the Coastal Commission's policies through the 1970s and 1980s, particularly its coastal access policies. Because of these policies the Coastal Commission, since its inception in 1972, has been subjected to all kinds of criticism, but at the same time has been widely praised for its balanced approach. These varying assessments of the role and record of the Commission also underly the conflicting viewpoints and arguments of Justices Scalia, who wrote for the majority in Nollan, and Brennan, who filed an extremely strong dissent. The resulting legal uncertainties, added to the political setbacks suffered from a lukewarm legislature and a hostile governor, forced the Commission to temper its assertive mission of maximizing coastal access, at least for the time being.     

The dredging dilemma: Economic development and environmental protection in Oakland Harbor

Abstract

Seaport expansion often generates tensions between the national interest in efficient transport and local interests in water quality and habitat preservation. The governing American permitting system, however, establishes an extraordinarily cumbersome, legalistic, and costly method for balancing environmental and economic considerations. A case study of the Port of Oakland illustrates the tendency. For four years, plans to find an environmentally acceptable site for dredged material have been stymied by a sequence of inconclusive regulatory and judicial proceedings. Meanwhile, large container ships can enter and leave Oakland harbor only at high tide, and not fully loaded. Despite the absence of any authoritative determination concerning environmental risks, the port was compelled to accede to progressively more expensive disposal methods. Such “adversarial legalism”; is not unique to the Oakland harbor case, but recurs in other policy spheres. It stems from a governmental structure that fragments decision‐making power among many agencies, that constrains regulatory discretion with legal demands for scientific certainty, and that by allowing agency decisions to be challenged readily in court, encourages legalistic defensiveness and extortion rather than compromise. The article concludes with a discussion of the conditions under which regional planning bodies might overcome these centrifugal tendencies.     

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.     

Sasi and Marine Conservation in Raja Ampat,Indonesia

Raja Ampat, Indonesia, possesses the greatest diversity of corals and reef fishes on the planet. The area is a priority for marine conservation for the provincial government, local communities, and major international nongovernmental organizations such as The Nature Conservancy and Conservation International. Traditional marine resource management practices in the region, referred to as sasi, have the potential to support conservation objectives. This article contends that while traditional marine resource management systems may support conservation, they must be reinforced by a supportive social structure and governance system to remain relevant in a rapidly changing world. Two villages in Raja Ampat were studied to gain a better understanding of sasi and how this practice has been affected by cultural, political, and economic change. These villages illustrate how the role of religious authorities, access to alternative livelihoods, proximity to urban centers, and capacity for monitoring and enforcement may influence the effectiveness of marine resource management systems. Our research suggests that the continued relevance of sasi in marine resource management relies on the support of influential local leaders and businesses and government regulations that reinforce traditional resource use practices.     

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.     

The urban coast from a national perspective

Abstract

Viewing the urban coast from the national perspective one sees not only the sheer number and complexity of the federal programs involved but the lack of adequate coordination and the different often cross‐purpose missions. It goes without saying that to date, no one federal agency or program has been specifically charged with overseeing the urban coastal resource as an entity, nor is it likely that one will. However, national concern regarding various aspects of the urban coastal issues has been expressed. A very clear‐cut national interest has been constitutionally declared in navigation, defense, and interstate commercial activities, most of which affect the water area. A more diffuse though no less important national involvement can be traced through a number of federal activities which add up to considerable federal interest and investment in our urban coastal areas. Beginning in the early 1960s with waterfront related urban renewal activity for example the activities have accelerated more recently with such things as the administration's urban initiative, the Urban Recreation Study and the Urban Waterfront Study (HCRS), the Urban Parks and Recreation Recovery Program (HCRS), the Maritime Preservation Program (HCRS and NHT), public investment in harbor cleanup (EPA), shorefront access and planning (OCZM), special waterfront demonstration projects (OCZM), and the State Coastal Zone programs coming in line to mention a few. Building on the existing framework and growing enthusiasm there is an unexcelled opportunity to make incremental progress in creating a new and better urban environment by effectively managing this unique portion of the city—the urban waterfront.     

The visual impact of development in coastal zone areas

Abstract

The focus of this paper is theoretical, as well as methodological. It reviews previous studies of visual impact and reports research by the author on people's evaluation of the appropriateness of different man‐made facilities in different coastal‐area contexts and other environments. In this study, subjects were asked to react to slides developed through the use of landscape models and experimental facilities to simulate the appearance of a building in the landscape, while systematically varying the visual relatedness between the two. Specific interest centered on the variable of congruity vs. contrast between the appearance of the building and its landscape context, manipulated by co‐varying the attributes of color and size to create a five‐point scale of contrast/obtrusiveness. The hypothesis was that judgments of appropriateness, and to a lesser extent judgments of liking, would vary inversely with level of contrast. The role of two further variables, the functional significance of the building in its setting, and the character of the setting itself, was also investigated. The author reviews methodological issues involved where subjects respond to visual stimuli for purposes of judging change in visual quality. These methodological issues include: stimulus‐selection and problems of simulation, choice of response measures, and choice of respondents, and the treatment of individual differences. The author calls for development of standardized scales and indices such as “perceptually‐relevant environmental quality indicators.”     

Interorganizational Considerations in Coastal Management: The 1976 California Legislative Experience

Abstract

Among coastal management programs, most states have found the question of appropriate administrative structure difficult to cope with. The dilemma of decision trade‐offs caused by the dual governmental needs of “efficiency”; and “representation”; has led to some alternative patterns of administration. For complex issues that transcend local boundaries, the choice between trade‐offs means adopting either (a) some form of consolidated bureaucracy or (b) some system of concurrent jurisdictions. Both alternatives have their inherent benefits and disadvantages but, considering the degree of environmental complexity and array of competing interests involved in coastal resource use, the most appropriate administrative form would seem to be concurrent control, as interagency reciprocal review promotes thoroughness and broad representation. Affected both by swings in political climate and by traditional reform politics, the case of California legislation represents a conscious deliberation over administrative alternatives. After experimenting with concurrent control under Proposition 20, California reversed its legislation in 1976 by mandating the consolidation of coastal management authority into existing bureaucratic line organizations and a reduction of the coastal agency after 1979 to a planning and advisory body.     

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.     

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.     

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.     

Eilat: Multiple conflicts in an inherently uncertain environment

Abstract

Ports are often at the center of conflicts regarding the use of coastal areas and their management. Yet, it is often impossible to forecast the future development patterns of a port due to its dependence on shifting international relations and markets. Such inherent uncertainty complicates the management of coastal areas affected by the port. This article looks at how such a case is being addressed in Eilat, Israel's Red Sea port.

The development of Eilat's port has been a function of the changing geopolitical situation in the Middle East. At the same time it is in the center of a number of local conflicts involving the management and planning of Israel's Red Sea coast. Evaluation of the two alternatives proposed to address these conflicts is hampered by the inherent uncertainty regarding the port's growth patterns. The use of robust evaluation techniques is suggested as one way to address inherent uncertainties.     

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.