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.     

Law enforcement in the ocean

The combating of the present great variety of criminal activities occurring at sea mainly involves measures to be taken on land, in particular in ports.However, also actual enforcement at sea will continue to play an essential (complementary) role. This article surveys the rules of international law governing law enforcement measures at sea. These rules are complex, because distinctions have to be made between the various jurisdictional zones at sea and between the positions of the flag state, the coastal state and the port state. Traditionally, ships in the high seas (all sea areas beyond a narrow band of territorial sea) were under the exclusive jurisdiction of the flag state. In an increasing number of situations, the coastal state now has law enforcement authority over foreign ships in expanded areas up to 200 nautical miles offshore. But apart from these situations, flag state jurisdiction still prevails beyond the territorial sea. This makes effective law enforcement difficult. In practice, many obstacles can be overcome by making more effective use of the authority of the port state, and by concluding new international agreements providing for specific enforcement systems.     

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.     

A Race for Marine Space: Science,Values, and Aquaculture Planning in New Zealand

New Zealand (NZ) has developed a coastal management framework that includes large watersheds and territorial waters (out to 12 nautical miles). The article describes the developing conflicts associated with the biophysical and epistemological dimensions of expanding coastal marine space for aquaculture. We first review aquaculture policy in NZ, and recent evidence of the biophysical impacts from increasing terrestrial inputs on marine ecosystems. We provide a case study of conflict over a recent proposal to expand salmon aquaculture in the Marlborough Sounds, which covers some 4,000 km² of sounds, islands, and peninsulas. Based on information and data from interviews of stakeholders involved in the aquaculture planning, we describe three diverse epistemologies of science—client-based science, civic science, and Māori traditional ecological knowledge. We conclude the article with a critical review of how to better resolve spatial conflicts that often emerge in coastal management and planning.     

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.     

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.     

Assessment of coastal zone issues in the Republic of Korea

Abstract

The physical characteristics of Korea have had a profound impact on the uses of the coastal zone that have, in turn, been determined by and reinforced the nation's economic development strategy. While coastal zone management in many developed economies is more heavily oriented toward environmental protection and the resolution of user conflicts, policies for coastal zone management in Korea have emphasized the role of coastal space and other resources for economic development and industrial needs. Increasing demand for land reclamation to provide ever‐increasing industrial sites and human settlements, traditional and future needs of the fishery, and concern for the environment have led to a vast array of competition and, finally, often to conflicts. The basic pattern of coastal zone use in Korea has changed from the linear expansion of coastal zone to integrated coastal uses. An increased number of critical coastal zone issues and interactions was reflected in the creation of new governance that dealt with coastal zone resources and environment.     

Power plant siting on Wisconsin's coasts: A case study of a displaceable use

Abstract

The issue of whether power plants should be located on Wisconsin's Lake Michigan shore or inland is addressed in this article. It is quite likely that sites for several large power plants will be needed before the year 2000. Available evidence on the comparative costs of condenser cooling indicates that there may or may not be substantial economies from locating these plants at lakeshore sites depending on site characteristics, fuel costs, and other variables. Environmental impacts of coastal and inland siting are surveyed and also appear to be highly site‐specific. Important issues arise with respect to the intense competition for coastal land and the aquatic impacts at both coastal and inland sites. A third alternative, that of utilizing sites that are in the coastal zone but set back from the water's edge, has some promising aspects, but data on costs are scarce and inconclusive. Conclusions center on the importance of not ruling out either coastal or inland locations in future efforts to identify suitable power plant sites, the need to review current water‐quality measures, and the need for further research on institutions to facilitate sound siting decisions.     

Geographical variations in hurricane risk and legislative response

Abstract

Risk from the “natural event system”; of hurricanes varies greatly along the U.S. coastline, and so do the property and lives at risk. Damage potential from storm surge in the Miami area is less than a third that of the Tampa area. However, damage potential from winds in the Boston and New York areas exceeds that of either the Miami or Tampa areas. Passage of time since the great hurricane disasters near the turn of the century and improvements in the warning system may make coastal dwellers underestimate the likelihood of a hurricane catastrophe. But population growth near the coast has been more than three times the national average, and 10 of 58 coastal segments 50 miles in width more than doubled in population between 1960 and 1970. Twenty‐two segments increased by more than 25,000 people with six increasing by 150,000. Legislative response to the growing hazard has varied as widely as risk but is not clearly correlated with risk.     

American Samoa: Establishing a coastal area management model for developing countries

Abstract

Debate over the appropriateness of U.S. approaches to coastal management procedures for developing countries has increased over the past few years. The coastal management program which was developed for American Samoa offers the opportunity to test the utility of the U.S. approach to CZM for developing nations.

American Samoa represents a blend of traditional and new cultures and thus may be a microcosm of developing countries. American Samoa's development of a CZM plan is examined with emphasis on similarities and differences with U.S. experience. A culture‐oriented framework is presented which can shape programs appropriate to developing countries. Finally, a process and a set of guidelines provide an outline for those attempting the difficult task of applying U.S. environmental planning and management to other countries.     

Some economic aspects of conflicts over land use in the coastal zone

Abstract

Recent land use legislation pays particular attention to the coastal zone where age‐old conflicts have recently accelerated. Flexibility is required in policy because visible conflicts are tied into complex physical and social systems which may require changing patterns of land use over time. Public policy is altering property rights and a thorough understanding of the economic and social roles played by those rights is required. Economic models can be used to understand some major changes such as types of alteration of the environment, but may be ignored or misused unless a better understanding of coastal decision processes is developed.     

Legal battles on the California coast: A review of the rules

Abstract

Notions of private property have both legal and political importance. In California, as elsewhere in the United States, these ideas are changing. The rate and direction of this evolution is not different on the coast. But the intense heat generated by competing coastal interests does tend to illuminate these issues more clearly on the coast. The full range of these issues has been raised in California, where an historic attempt is now being made to plan and manage the use of coastal resources. In January 1976 the California Legislature will be presented with a coastal plan which promises to inflame the passions of traditional property rights advocates and environmental zealots alike. Much of the rhetoric surrounding this political struggle is already being couched in legal terms. In an effort to delineate a few of the genuine legal issues raised in this planning process, this article summarizes the law of California which is relevant in defining the permitted scope of public regulatory power over private land use.     

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.     

Inland boundary determinations for coastal management purposes—an ecological systems approach to requirements of the federal coastal zone management Act of 1972

Abstract

An analysis of ecological systems that both sustain and are sustained by coastal waters provides the key to a biophysical procedure for delineating inland coastal management boundaries. This analysis entails two basic tasks: (1) mapping the ecosystems that compose coastal waters and adjacent areas, and (2) charting sustaining flows among these systems. The resulting boundary encompasses all environments of coastal waters (subaqueous areas containing a measurable quantity of seawater) and all shore‐lands (either emergent or submergent environments that interchange sustaining materials, energy, or biota with coastal waters). As this biophysical procedure depends on the precise location of, and functional transfers among, coastal ecosystems, it provides a means both for assessing the consequences of human actions and for establishing a landward boundary for a management program. Alternative boundaries not based on locations and operations of coastal ecosystems would probably be either arbitrary or of undue extent, nor would such “alternative”; boundaries be an integral part of an ongoing management process.     

Shoreline development controls and public access to the ocean's edge

Abstract

The San Diego Coast Regional Commission, faced with the responsibility of approving, approving with conditions, or denying permits for development proposed along the scenic coastal bluffs of San Diego county, has adopted guidelines for bluff‐top development which assures retention of scenic vistas and provision of public access while permitting private landowners “reasonable use”; of their property. These unique guidelines delineate certain environmental and aesthetic parameters within which bluff‐top development may take place. Portions of the guidelines are presented, and some of the factors leading to their formulation and adoption are discussed.     

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.     

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.     

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.     

Out of sight is not out of mind: Public opposition to ocean incineration

Abstract

During the early 1980s, ocean incineration emerged as one of the hottest issues in the field of hazardous waste management. Ocean incineration involves the thermal destruction of liquid hazardous wastes on specially designed ships and was promoted by the Environmental Protection Agency and powerful industry groups as part of the solution to liquid hazardous waste disposal. Attempts to adopt ocean incineration led to heated debate and apparent defeat of efforts to introduce this technology. The arguments advanced by proponents and opponents are examined. Success of environmental groups opposed to ocean incineration is explained with reference to technical, environmental, socio‐political, and legal factors. Ocean incineration, promoted as a solution to “not‐in‐my‐backyard”; opponents, instead ran afoul of region wide opposition by coastal residents for whom the sea is a common backyard.     

Management considerations for accreting shorelines

Abstract

Natural coastal accretion in the United States occurs at river mouths, spits across embayments, inlets, capes and cuspate forelands, and pocket beaches. Human‐induced accretion occurs updrift of groins and jetties, landward of breakwaters, and in locations which are artificially nourished. Coastal accretion is usually temporary (years to tens of years). Erosion may occur due to deflection of streams and tidal current channels or to changes in sea level, weather patterns, or sediment budgets. A focus on ownership disputes or use of accreted land draws attention away from the long‐term problem of the development of land which may be subject to future erosion. Control mechanisms should be in place to direct development on accreting shorelines to make more effective use of the resource.