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.     

Management of corals and coral ecosystems in the United States

Abstract

Corals and coral communities provide substantial societal benefits by virtue of their recreational and esthetic appeal, the habitat provided for commercially harvested fish and shellfish, the structural foundation provided for productive coastal ecosystems, and the market value of harvested coral specimens. Coral resources are subject to adverse effects from pollution, dredging, specimen collecting, anchor damage, commercial fishing, overharvesting, and activities related to offshore petroleum development. Management programs which protect coral resources in the United States comprise a patchwork of separate federal and state programs. They attempt to adapt broad regulatory authorities for parks, fisheries, offshore mineral resources, and other subjects for the purpose of coral conservation. These programs embody species‐specific, area‐specific, and generic approaches to coral management. This paper traces the evolution of U.S. coral management programs and comments on their respective strengths and weaknesses. Alternative approaches for strengthening management systems could include new coordinating committees, legislation, memoranda of agreement between involved agencies, and others.     

A user‐resource planning framework for offshore recreational artificial reefs

Abstract

Artificial reefs have been used extensively in coastal waters to attract and enhance recreational fishery resources. In the United States, they have been traditionally built from “materials of opportunity”; using limited budgets. This paper explores some past planning philosophies and presents a recent artificial reef deployment case that demonstrates a lack of sensitivity to local and regional recreational demand. A systems framework is developed to guide future planning efforts in artificial reef development. The framework is intended to integrate previously fragmented knowledge and to demonstrate the interdisciplinary nature of artificial reef planning. Emphasis is given to advance planning, user dimensions, and the integral issue of reef access.     

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.     

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.     

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.     

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.”     

Plan implementation in the Florida keys through land acquisition

Abstract

The Florida Keys are an example of a fragile resource threatened by development. The early division of the area into small lots made conventional planning and regulation difficult. This paper describes the creation of a conservancy for the Keys—the history of development, the conditions necessitating a conservancy, and the political wrangling it took to implement the conservancy.     

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.