Ocean Policy Midterm

17th Century Rules

Freedom of the seas for navigating, trade, and fishing.

Cannon-Shot Rule

You own the water to how far you can shoot a cannon (3-Mile Rule).

Truman Proclamation 1945

U.S. extended ownership to the continental shelf and allowed access to mineral and resource rights.

UNCLOS

Law of the Sea

Sovereignty

Supreme authority over a land or population.

Convention on Fishing and Conservation of the Living Resources of the High Seas

Countries depleted resources right outside the set boundaries.

Unsuccessful in codifying 200 mile EEZs.

Created 200 mile Exclusive Fishing Zones instead.

Codified right to innocent passage.

Baseline

Defined coast and ocean boundaries beginning at the low water mark closest to the shore.

Convention on the Continental Shelf

Adopted the Truman Proclamation. Gave exclusive rights to the nations continental shelf.

4 Freedoms

1. Navigation

2. Fishing

3. Overflight

4. Lay Cables and Pipelines

Right of Hot Pursuit

1. Signal ship to leave

2. Board, inspect, fine ship

3. Right to follow into high seas

4. Cannot follow into other territorial seas

International Treaties

1. Identifies needs and goals

2. Negotiation

3. Adoption

4. Ratification

5. Entry into force

Persistent Objector

Nations that refuse to be bound to treaties or customs.

Precautionary Principle

Anticipate and act on future environmental harms.

State Sovereignty

Right to develop political, social, and economic systems.

Limits to State Sovereignty

Cannot breach the boundaries of other nations.

Duty to not cause environmental harm.

Cannot take unreasonable and harmful action against other nations.

Common Heritage of Humankind

Territorial areas should be held in trust and protected from exploitations for future generations.

International Court of Justice (ICJ)

Settles legal disputes between nations.

Zones Nations can Govern

1. International Waters

2. Territorial Sea (12/24 nm)

3. Contiguous Zone (24 nm)

4. Exclusive Economic Zone (200 nm)

5. Continental Shelf

6. Marine Only: High Seas

EEZ Rights

• Sovereign rights over resources

• Jurisdictional rights over artificial islands, research, and conservation.

Fishing Limits

Required to set allowable catch to prevent overexploitation and achieve OY and MSY.

U.S. v Marshall Islands 2008

Defined the difference between an island and a rock.

Rock

Cannot sustain human or economic life.

The Camouco Case 2000

Describes the laws around flying a foreign flag while attempting to flee.

Salmon

Anadromous stock which originate from U.S. waters giving us exclusive management.

Transboundary/Straddling Stock

Stock distributed in multiple EEZs.

Straddling Fish Stocks Agreement

Enhanced cooperation in fish stock management.

Marine Scientific Research

Needs research requests in territorial seas.

Coastal Boundaries

Ebb and flow with the tides.

Avulsion

Sudden change in shoreline. (Storm)

Accretion

Gradual gain of shoreline.

Erosion

Gradual loss of shoreline.

Artificial Accretion

Property owner cannot claim if they created the land.

Public Trust Doctrine

Sovereign holds land and sea for public use.

Public Land and Seas

• Coastal lands seaward of high water mark.

• Land and sea subject to ebb and flow of tides.

• Beds of navigable rivers and streams.

PTD Implications

• Oversee coastal development

• Control beach access and use

• Manage resources in coastal waters

PTD State Authority

• Define boundary of PT land

• Transfer public land to private ownership

• Preserve publics ability to use and enjoy land

• Cannot abdicate responsibility as a trustee

Takings

5th Amendment: Cannot take private land for public use without just compensation.

Regulatory Takings

Property regulations that inhibit the owner from using land enough to count as a taking.

PTD Wetlands

• Protect from coastal development destruction

• Provides food and habitat for bird and marine life

• Enforce PT duties to protection of wildlife and public benefit

PTD Fishery Responsibility

• Protect from overfishing

• Protect water quality

• Protect public access

• Ensure environmental protection

• Guide regulations

• Control water use

The Beach and Shore Preservation Act (BSPA)

Renourish and restore eroding beaches.

Erosion Control Line (ECL)

Boundary of a beach from before erosion to where beaches are to be fixed. New land added belongs to PT unless through avulsion.

ECL Preserves

Littoral right to ingress, egress, view, boating, and fishing. Takings require compensation.

States Side on ECL Takings

• Future Interests

• Preserve Access

FL Property Law

State’s right to fill its land and right to ownership after avulsive events.

Public Access Solutions

1. Creative Leasing

2. Temporary Access

3. Public Acquisition of Land

4. Liability Protection

5. Tax Incentives

6. Acquisitive Prescription Limitations

7. Boundary Fixing

8. Decoupling of Mineral Rights

9. Incentivizing via Coastal Restoration

10. Increased Quality of Mapping

Louisiana Coastal Values

1. Preserve the coast

2. Respect private property

3. Preserve local tax base

4. Preserve recreation

5. Encourage economy

6. Minimize fiscal burden

Coastal Zone Management Act (CZMA)

• Encourage state programs for coastal use

• Improve cooperation between local/state/federal levels

• Preserve, protect, develop, restore, enhance coast for future generations.

Coastal Zone

Coastal water and adjacent shorelands. (Beaches, marshes, wetlands, islands)

Federal Role CZMA

Financial assistance, science support, develop national policy, mediate disputes.

State Role CZMA

Restrictions on non-federal land.

Submerged Land Act 1953

Established state title to submerged lands.

Illinois Central Railroad v. Illinois

Each state in its sovereign capacity holds title to all submerged lands within its borders and holds these lands in public trust.

State CMP

• Environmental protection

• Access to natural and cultural resources

• Economic development

CZMA Participation

Voluntary but incentives are:

• Federal Consistency

• Federal Funding

• Nonpoint Pollution Control Program

Coastal Zone Enhancement Grant Program

1. Coastal wetland protection

2. Management of development

3. Public access

4. Control of marine debris

5. Study of development impacts

6. Special area management planning

7. Ocean resource planning

8. Siting of coastal energy and government facilities.

State CZMA

• Establish standards for local implementation

• Set state level regulations

• Review local project proposals on an individual level

Federal Consistency

Federal activity is subject to consistency requirements if it will affect any natural resource, land use, or water use in the coastal zone.

Enforceable State Policy

1. Legally binding

2. Controls private/public coastal use and resources

3. Included in the states approved CMP

Federal Consistency Triggers

Actions that have reasonable foreseeable coastal effects, decided by agencies and NOAA.

Federal Consistency Standards

Shall be carried out in a manner consistent to the maximum extent practicable with the enforceable policies.

Federal Permit

Needs certification that proposed activities comply with state policy.

CMZA Appeals

• NOAA mediation

• Secretary of Commerce