General Instructions: There is only one (1) question for this
Block. You will find in Documents one tilted Mid Atlantic Ocean
Planning. The question below is designed for you to key off its
information. However the other two documents Ocean Zoning 1 and 2
as well as the will be of use.This test requires you to really
think about the question asked and prepare a careful response so
take your time. Question: Within the Document Mid Atlantic Ocean
Planning you will find at the end of the introduction 6 elements
which are critical to ocean planning. Pick 2 of the 6 and explain
with references to either this Documents or others why these two
are in your view the dominant issues in ocean planning.6 Key
Elements of Regional Ocean PlanningIdentify shared regional
objectives to focus decision-making.Develop a suite of products,
including a regional ocean assessment of ocean-related human uses,
natural resources, and economic and cultural factors to provide a
comprehensive context for decision-making.Engage stakeholders and
scientific/technical experts to ensure managers have the best
available information for decision making about ocean uses and
conservation.Produce, coordinate, and analyze data across
jurisdictions and agencies to provide better understanding of the
potential effects of decisions.Develop and implement coordinated
management actions across jurisdictions using existing ocean
management efforts and authorities.Help federal and state agencies
and tribes address inconsistencies across policies and other
potential areas of conflict.Ocean Planning
Supporting the Long-term Economic and Ecological
Health of the Mid-Atlantic
MARCO is supporting the Mid-Atlantic Regional Planning Body
(state, federal, tribal, and
Mid-Atlantic Fishery Management Council partners) in leading
a regional ocean planning
initiative for the Mid-Atlantic, with the close involvement
of local communities, businesses,
and other stakeholders, as an important goal.
The purpose of the Mid-Atlantic regional ocean planning
initiative is to facilitate sustainable,
safe, productive, and appropriate economic development
activities and to support the
protection and restoration of the marine ecosystem so that it
continues to provide the many
goods and services that the people of the Mid-Atlantic want
and need into the future.
Improving Understanding, Establishing a Vision
The overarching goals of the Mid-Atlantic regional ocean
planning effort are (a) to improve
understanding of how ocean resources and places are being
used, managed, and
conserved, and (b) to establish a broad vision that will
guide actions to address shared
regional priorities.
Information obtained through regional ocean planning is
intended to guide management
decisions. The regional ocean planning process does not
change existing authorities or
create new mandates. Rather, it improves the way those
authorities and mandates are
implemented.
Planning is grounded in stakeholder input and the best
available information. Previous
collaborations of the Mid-Atlantic states — with one another,
federal agencies, partners, and
stakeholders — have laid a strong foundation for regional
ocean planning.
Key Elements of Regional Ocean Planning
•
Identify shared regional objectives to focus decision-making.
•
Develop a suite of products, including a regional ocean
assessment of ocean-related
human uses, natural resources, and economic and cultural
factors to provide a
comprehensive context for decision-making.
•
Engage stakeholders and scientific/technical experts to
ensure managers have the
best available information for decision making about ocean
uses and conservation.
•
Produce, coordinate, and analyze data across jurisdictions
and agencies to provide
better understanding of the potential effects of decisions.
•
Develop and implement coordinated management actions across
jurisdictions using
existing ocean management efforts and authorities.
•
Help federal and state agencies and tribes address
inconsistencies across policies
and other potential areas of conflict.
Jameson SC (2008) Ocean zoning in United States Federal
Waters. Marine
Ecosystems and Management 2(1), In: more sources of
information
Ocean Zoning in United States Federal Waters
By Stephen C. Jameson, Executive Director of Coral Seas, Inc.
(www.coralseas.com); E-mail: [email protected]
The topics of improved ocean governance, ecosystem-based
management, and ocean zoning are
gaining interest and momentum among people and organizations.
New ocean governance
strategies are emerging that primarily focus on state waters,
with designs for varying degrees of
regional cooperation. This state-focused strategy is
warranted because there are many difficult
challenges that must be overcome to integrate the federal
government into the larger ocean
governance process. Because of the critical role the federal
government must eventually play in
improving US ocean management, a look at the seemingly
forgotten history of ocean zoning in
US federal waters is warranted.
The history of federal ocean zoning in the US can be traced
back to 1977 and President Jimmy
Carter‘s Environmental Message to Congress calling for
accelerated growth of the US National
Marine Sanctuary Program, which at the time consisted of only
two fledgling sites. Seeing the
demand for holistic ocean management and understanding the ad
hoc nature of government
decision-making and the problem of gaps and overlaps of
federal regulations, NOAA leadership
decided to use title III of the Marine Protection, Research
and Sanctuaries Act (MPRSA) of 1972
(16 USC 1431 et seq) to zone and manage US Federal waters. To
implement this new ocean
zoning and management vision, the NOAA Office of Ocean
Management was formed in 1978
and the US National Marine Sanctuary Program was transferred
to this new office. The next step
was to obtain cooperation from all the US government agencies
with jurisdictions or interests in
US Federal waters to facilitate an integrated ocean
management approach (now evolved into the
concept of “ecosystem-based management”). A briefing document
was produced outlining this
new ocean management vision, and soon after, a big
interagency meeting was held to explain the
concept of ocean zoning and integrated management to all the
government agencies affected.
The result of the meeting, which I attended, was a firestorm
of bureaucratic outrage and turf
fighting because the MPRSA overlapped many existing laws and
regulations. For example, the
Department of Defense was concerned over restrictions on
military operations and the
Department of Interior was concerned over intrusions into
their responsibilities to exploit the sea
bead and subsoil resources via the Outer Continental Shelf
Lands Act. The new Office of Ocean
Management caused so much controversy and anxiety among
government agencies that the
office was soon dissolved and the US National Marine
Sanctuary Program was transferred back
to the Office of Coastal Zone Management. Spurred by concern
of an ocean “take over” by the
Marine Sanctuary Program and over concern regarding the
impacts on oil and gas activities on
the outer continental shelf, a comprehensive review of the
Marine Sanctuaries Program was
ordered by Congressman John Breaux (D-LA) to reign in any
future ocean management or
zoning efforts and to define clear “boundaries” for the
Marine Sanctuary Program (Comptroller
General of the US 1981).
LESSONS LEARNED
Make sure the Captain is onboard before sailing. The big
lesson learned from the failure of
the Office of Ocean Management is that improved ocean
governance, ecosystem-based ocean
management and ocean zoning at the federal level are not
going to happen unless the President of
the United States, who controls the Federal bureaucracy, is
fully supportive. It is an extremely
complicated, contentious and expensive proposition where at
least 20 Federal agencies
implementing over 140 federal ocean-related statutes are
involved — none of which likes to
change or give up turf. The big mistake the Office of Ocean
Management made was they did not
have the President and Cabinet onboard before sailing into
uncharted waters. The result was a
very quick shipwreck.
Make sure you have a legislative anchor. The Office of Ocean
Management tried to make
ocean management and ocean zoning happen via internal
cooperation and administrative
reorganization. The lesson learned is you need the power of
law to provide a framework for any
restructuring of the federal government and to hold it
together over time. The new Ocean
Conservation, Education and National Strategy for the 21st
Century Act (H.R. 21 2007) that was
introduced in January 2007 would provide this anchor. As the
2007 paper by Young et al.
emphasize in their last paragraph: “It would be naï ve to
suppose that a decision can be made to
adopt place-based management and then proceed to let the
system run on its own. Like good
relations, governance systems require constant attention and
a capacity to adapt to changing
circumstances to perform well and remain resilient over
time.”
KEYS TO FUTURE SUCCESS AT THE FEDERAL LEVEL
Sail with the rising tide. Timing is critical for successful
implementation. The window of
opportunity to make the dream of improved federal ocean
governance a reality is relatively small
and is upon us NOW. With presidential campaigns heating up
and administration platforms
being developed, it is critical to get presidential
contenders on board to incorporate major programs — which
improved ocean governance
programs are — into their presidential agendas. Having the
President onboard early makes the
chances of success for a new legislation effort much higher.
This will require concerted lobbying
and development of well thought out written strategies that
candidates can evaluate and “buy
into”. One example of such a strategy was provided by
Eichbaum who proposes a hybrid
“Federalist” system with a cabinet- level National Marine
Council reporting directly to the
President and Regional Marine Councils. Trying to make all
this happen after a new presidential
administration is underway, with major priorities already set
and commitments made, is not
likely to succeed. Considering the fact that the 2008
election is viewed by many as a “change
election” with dramatic turnover potential at the
presidential and congressional level it is a
window of opportunity that should not be missed.
Elect shipmates who will rock the boat. Being able to elect
leaders willing to accept the
challenge is also critical to success. Unfortunately, finding
visionary leadership for ocean zoning
and ecosystem-based management at the presidential and
congressional level of the US
government is not a simple or easy matter and this gets to
the root of the problem. The big
question is, CAN our present system of government produce
visionary environmental leaders
willing to rock the boat? The fact that no US president or
congress has attempted to tackle these
critical ocean management issues reflects the filtering
mechanism built into our current election
system. In the US, business and special interests control
government (presidents, senators and
congressional representatives) through campaign contributions
and professional lobbying, so at
the end of the day you tend to get elected officials
beholding to these groups with ocean
governance and other critical environmental issues falling
off the radar screen. It will be
interesting to see in the upcoming 2008 presidential and
congressional “change” elections if the
present US political system can produce the “visionary
leaders” we all so desperately need.
Chart a safe course. Developing an effective system of
federal government in the US that puts
environmental quality before corporate profits is also
critical for success. Our present system of
government is designed to maximize corporate profits, not to
maximize clean air and clean water
or improve ocean governance via ocean zoning and ecosystem-
based management. How will we
get these new, more effective governance systems when our
present governance system is so
controlled by business and special interests? Balancing
capitalism, and its resulting culture, with
environmental quality is the key challenge we face especially
in this era of climate change,
increasing human population and dwindling natural resources.
Ultimately success will require
humans to develop a new inner vision and reorientation of the
basic establishments that
determine the relationship between humans and the planet.
These include religious and spiritual
traditions, governments, international and global
organizations, business corporations,
educational establishments, science and technology,
communications media and civil society. In
the near term, citizens must demand stronger campaign finance
reform and lobbying laws to
limit the power of business and special interests over our
president and elected representatives.
Only then will we have a federal system of government
receptive to concepts like ecosystembased management and ocean
zoning.
Reach your destination. If true ecosystem-based management is
the ultimate goal, then federal
waters must be included in the strategy. As discussed above,
there are many difficult challenges
to overcome to achieve improved federal ocean governance in
the US. It is therefore not
surprising that emerging ocean governance strategies are
primarily focused in state waters. This
state-based strategy has potential near-term merit for
resolving state and regional challenges and
can provide useful role models for the federal government.
However, if true ecosystem-based
management is the goal, it cannot be accomplished effectively
by limiting its scope to just
coastal waters within the three-mile limit of a state’s
jurisdiction. It must also include federal, as
well as international waters because marine ecosystems do not
recognize political boundaries.
Ocean Zoning for the Gulf of Maine:
A Background Paper
Prepared for the Gulf of Maine Council for the Marine
Environment
by
Fara Courtney, Principal
Good Harbor Consulting
and
Jack Wiggin, Associate Director
Urban Harbors Institute
University of Massachusetts: Boston
January 2003
MPA Center
Table of Contents
Preface………………………………………………………………………………. 3
I. Introduction……………………………………………………………………… 5
What is meant by Ocean Zoning?
Land-based Zoning as Antecedent and Model
Moving to the Marine Environment
Public Lands Management
II. Ocean Zoning Approaches: Examples and Emerging
Issues……………….. 8
Local and State/Provincial Near Shore Initiatives………………………… 9
Edgartown, Massachusetts Surface Water District
New Jersey Marine Conservation Zoning
National Marine Sanctuaries/Marine Parks……………………………… 10
Great Barrier Reef Marine Park
Monterey Bay National Marine Sanctuary
Siting, Protecting and Promoting Specific Uses
Offshore………………… 13
Existing Use Designations
U.S. Outer Continental Shelf Oil and Gas Leasing Program
Fisheries Management Closure Areas
Emerging Issues
Submarine Fiber Optic Cabling and Pipelines
Offshore Wind Farm Development
Offshore Aquaculture Development
III. Challenges and Opportunities in Ocean
Zoning…………………………….. 17
New Technologies, Tools and Approaches………………………………… 19
Seafloor Mapping
Web-Based GIS
Spatial Multi-Criteria Analysis
Ecosystem-Based Predictive Modeling
IV. The Gulf of Maine Context…………………………………………………… 21
Canada’s Ocean Strategy
U.S. Commission on Ocean Policy
“Good Governance of Canada’s Oceans”
Gulf of Maine Mapping Initiative (GOMMI)
1
V. Offshore Jurisdictions in the Gulf of Maine…………………………………..
23
Political /Legal Jurisdictions………………………………………………. 24
Territorial Sea
Contiguous Zone
Exclusive Economic Zone
Continental Shelf
High Seas
Programmatic Jurisdictions……………………………………………….. 25
Canada
United States
VI.
Summary…………………………………………………………………….. 26
VII.
Next Steps for the Gulf of Maine Council………………………………… 27
Sources and Bibliography………………………………………………………….. 28
Gulf of Maine Council, December 4th 2002 Ocean Zoning Forum
Agenda…….. 32
This program is supported in full by the Gulf of Maine
Council on the Marine Environment and the National Oceanic
and
Atmospheric Administration Award #NA16RP2674
2
Preface
Coastal and ocean management is a constantly evolving
practice. For at least two
decades, coastal communities around the world have been
experimenting with new ways
to control a multitude of activities in their urban and rural
harbors. The number and
diversity of Marine Protected Areas are growing, with an
increasing focus on protecting
integrated biological communities, rather than individual
species of concern. The United
States and Canada are each developing new, comprehensive
ocean polices, looking to
better integrate management functions at all levels of
government.
All of these initiatives – from local to national – reflect
some common truths about the
state of the marine environment worldwide: the intensity of
human disturbance in coastal
and ocean resources is increasing. Fifty to 80% of the global
population lives within 50
miles of the coast. Fisheries are in decline, while
recreational boating, shipping, undersea
cables, energy development and mineral extraction are on the
rise. Science is slowly
unraveling the complexities of marine ecosystem functioning,
while on a parallel track
technology is allowing exploitation of ocean resources
further offshore, and in deeper
waters, extending the reach of human impacts.
In response to these pressures, ocean managers worldwide are
investigating new methods
for equitably allocating the use of limited marine resources
while protecting the integrity
of the ocean ecosystem. Within this context, the Gulf of
Maine Council for the Marine
Environment sponsored an Ocean Zoning Forum in December 2002,
to explore the
current practice and new approaches to spatially explicit
ocean use management.
*
*
*
The initial purpose of this paper was to provide background
and context for panelists at
the Gulf of Maine Ocean Zoning Forum, sponsored by the Gulf
of Maine Council on the
Marine Environment. The objective of the forum was to
consider the question: To what
extent can ocean zoning further the Council’s marine
sustainability goals?
The authors1 were asked to:
present an overview of how the concept of zoning, as
understood from its
genesis as a land-use management tool, is applied in the
marine context;
provide a range of examples of ocean zoning, drawn from U.S.,
Canadian and
international sources, to illustrate the application of
spatial management
techniques offshore – for a variety of purposes and at
different scales and levels
of complexity;
outline offshore jurisdictions and authorities in the Gulf of
Maine;
1
Fara Courtney, Principal – Good Harbor Consulting & Jack
Wiggin, Associate Director – Urban Harbors
Institute, University of Massachusetts: Boston
3
highlight the challenges and opportunities presented by
efforts to manage rightsof-use, protect habitat and conserve
biodiversity in the marine environment;
describe current policy initiatives and emerging issues, at
the national level in the
U.S. and Canada, and within the Gulf of Maine region, which
may support an
expansion in the application of ocean zoning approaches.
following the Forum, summarize participants’ recommendations
and
observations as expressed in the closing discussion session.
This paper does not represent a comprehensive cataloging of
ocean zoning initiatives;
nor does it reflect critical analysis of any of the examples
cited. The intent is rather to
offer a baseline of information, to highlight key questions
in the area of spatial
management in the marine environment and present sources for
further investigation.
4
I. Introduction
Ocean zoning is a term and concept considered a means to
guide human uses of the ocean
to optimize utilization of marine resources and to provide
protection of marine
ecosystems. Proponents of ocean zoning view it as a way to
simplify or coordinate
management and to add a measure of predictability to the
existing management or
regulatory system. Zoning is a way of reducing user conflicts
by separating incompatible
activities, and allocating or distributing uses based on a
determination of an area’s
suitability for those uses, in relation to specific planning
goals.
What is meant by ocean zoning?
Conceptually, it is simple. Ocean zoning refers to a scheme
for dividing a marine area
into districts and within those districts regulating uses to
achieve specified purposes. It
has two components. One, a map that depicts the zones and
two, a set of regulations or
standards applicable to each type of zone created. For some
zones the regulations might
be very protective of marine resources or habitat by allowing
a very few compatible uses,
and excluding any use that would undermine the goal of
resource protection. In other
zones where resource protection is less of a pr …
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