Marine governance in an industrialised ocean: A case study of the emerging marine renewable energy industry

The world׳s oceans are currently undergoing an unprecedented period of industrialisation, made possible by advances in technology and driven by our growing need for food, energy and resources. This is placing the oceans are under intense pressure, and the ability of existing marine governance frameworks to sustainably manage the marine environment is increasingly being called into question. Emerging industries are challenging all aspects of these frameworks, raising questions regarding ownership and rights of the sea and its resources, management of environmental impacts, and management of ocean space. This paper uses the emerging marine renewable energy (MRE) industry, particularly in the United Kingdom (UK), as a case study to introduce and explore some of the key challenges. The paper concludes that the challenges are likely to be extensive and argues for development of a comprehensive legal research agenda to advance both MRE technologies and marine governance frameworks.     

Marine renewable energy and public rights

Marine renewable energy is likely to be an important part of UK energy policy over the next decades. A start has already been made, but to generate power on a significant scale requires the use of vast areas of ocean, on which there are competing claims. Legislation, and in particular the Energy Act 2004, goes a long way towards giving developers the legal infrastructure they need, to invest with confidence. But it is far from perfect, in dealing with important competing rights. This article has a narrow (but important) focus. It assumes that there are no problems over jurisdiction or international law. It is concerned principally with the rights of UK citizens. The issue is about reconciling the generation of large-scale marine renewable energy with other legitimate uses of the sea, and in particular fishing and navigation rights.     

Towards best environmental practice for cetacean conservation in developing Scotland's marine renewable energy

Marine renewable energy is seen as an important component of the UK's future energy strategy and contribution to reducing the greenhouse gas emissions responsible for climate change. The UK aims to generate a total of 33 GW (gigawatts) of offshore wind energy. Its implementation strategy includes the development of ten offshore wind farms within Scottish territorial waters. In addition, between 1000 MW (megawatts) and 2600 MW of marine renewable energy generating capacity could be achieved in Scotland using wave and tidal power devices. However, there are negative environmental impacts associated with marine renewable energy. Intense noise is produced during pile driving, drilling and dredging operations with potential consequences for cetaceans. There are also increases in vessel activities during exploration, maintenance and construction with association risks of disturbance and collisions. Some underwater devices will be large and may be positioned in arrays across the habitats that cetaceans frequent. The consequences of encounters between cetaceans and such devices are as yet unknown. It is recommended that the Scottish Government complete full and transparent Marine Spatial Planning, including consideration of cumulative impacts, before moving to license appropriate sites.     

Strategic priorities for assessing ecological impacts of marine renewable energy devices in the Pentland Firth (Scotland,UK)

The Pentland Firth, located between the north coast of mainland Scotland (UK) and the Orkney Islands, is recognised as an excellent location for the utilisation of tidal stream technology. Potential ecological impacts associated with tidal stream technology may ultimately depend on device design, array size and deployment location. Available ecological data for the Pentland Firth is summarised and strategic priorities for assessing ecological impacts are provided. Baseline data on marine species and habitats in the Pentland Firth is severely lacking and consequently the integrity of any environmental impact assessment could be compromised by this lack of data.     

Regulating wave and tidal energy: An industry perspective on the Scottish marine governance framework

The emerging ocean energy industry, which seeks to utilise waves and tides to generate electricity, is developing in many jurisdictions. The UK, and Scotland in particular, is strongly interested in these technologies, and has made considerable efforts to reform its marine governance processes to better meet the needs of innovative new marine industries. This paper provides an industry perspective on this regulatory framework, reporting on the experiences of ocean energy project and technology developers. Semi-structured interviews with companies with practical experience with Scotland's regulatory framework provide evidence of a number of legal and regulatory challenges, as well as interesting insights into how developers are interacting with new marine governance systems. The paper details the findings of these interviews and offers some suggested directions for future research.     

The missing layer: Geo-technologies, communities, and implications for marine spatial planning

The assessment and management of marine resources is an increasingly spatial affair dependent upon emerging geo-technologies, such as geographic information systems, and the subsequent production of diverse layers of spatial information. These rapid developments are, however, focused on biophysical processes and data collection initiatives; the social landscape of the marine environment is undocumented and remains a “missing layer” in decision-making. As a result, the resource areas upon which stakeholders and communities are dependent are neither mapped nor integrated into planning processes. We report on a participatory method to map the presence of fishing communities at-sea. The lessons learned concerning the spatial representation of communities informs not only fisheries, but other sectors struggling to incorporate similarly the human dimensions of the marine environment in assessment and planning.     

Reclaiming the ancestral waters of indigenous peoples in the Philippines: The Tagbanua experience with fishing rights and indigenous rights

This paper discusses the impact of local and national policies in the Philippines on the participation of indigenous peoples in relation to fisheries management. Specifically, this research focuses on the Tagbanua, an indigenous group in Coron Island, Palawan, on the western side of the Philippines. The struggle of the Tagbanua in reclaiming their ancestral title to the land and sea reflects broader moves toward self-determination, which is critical not only to their ancestral lands and waters, but also to their survival. Indigenous rights are essential in addressing social justice and in giving a greater voice that encourages indigenous peoples towards self-governing institutions and common management of resources. Significantly, the fundamental development of indigenous peoples lies in the recognition of their rights in their ancestral domain and the preservation of their culture, tradition, system, practices and their natural resources. This paper examines the Tagbanua experience, through a critical exploration of institutions and property rights, with attention to corresponding effects in reducing conflict with other stakeholders in the area, and in affecting the sustainability of fishery resources.     

From Scotland to New Scotland: Constructing a sectoral marine plan for tidal energy for Nova Scotia

Competing usage of marine space has prompted several coastal nations to implement marine spatial planning (MSP). While progressive governments promote the deployment of renewable energy technologies (RETs) in order to meet renewable energy capacity and greenhouse gas emissions reductions targets, offshore RETs become another player operating within a finite and already stressed marine environment. This paper applies the sectoral MSP process employed by Scotland to the Nova Scotia context in order to draft a MSP for the province's tidal energy sector. Applicable legislation is reviewed in order to establish the regulatory authorities with powers to plan for both the marine development and ecosystem protection agendas. The scoping process identifies suitable resource areas based on the operational parameters of commercially viable tidal current turbines (TCTs), while the sustainability appraisal identifies areas of cultural, industry, ecological, and socioeconomic constraint and exclusion. Plan option areas emanating from the applied methodology demonstrated a 238.345 km² (98.1%) increase in suitable TCT deployment area than the marine renewable energy areas identified in Nova Scotia's Marine Renewable Energy Act which did not undertake such a methodology.     

The new mode of marine planning in the UK: Aspirations and challenges

Since 2009, there has been a shift in UK marine governance with the Marine and Coastal Access Act in which a core mechanism is marine planning, designed to replace a fragmented, ad hoc, and bureaucratic process of marine management with a strategic, integrated, and centralised system. This shift has been justified by the UK government as a more efficient procedure for delivering sustainable development (SD), which is the overarching objective of UK environmental policy. This article, which is based on data from key informant interviews and secondary sources, analyses the shift to understand its aspirations and the challenges facing it. The issues focused on include its holistic approach; its centralising tendencies; its streamlining processes; and its implicit commitment to renewable energy. In these four issues there are tensions between aspirations and challenges, and the conclusion is that the success of the new mode of marine governance depends on satisfactorily resolving these tensions.     

Evaluating conditions for transboundary Marine Spatial Planning: Challenges and opportunities on the island of Ireland

Transboundary cooperation is viewed as an essential element of Marine Spatial Planning (MSP). While much of the MSP literature focuses on the need for, and benefits of, transboundary MSP, this paper explores the political and institutional factors that may facilitate the effective transition to such an approach. Drawing on transboundary planning theory and practice, key contextual factors that are likely to expedite the transition to transboundary MSP are reviewed. These include: policy convergence in neighbouring jurisdictions; prior experience of transboundary planning; and good working relations amongst key actors. Based on this review, an assessment of the conditions for transboundary MSP in the adjoining waters of Northern Ireland and the Republic of Ireland is undertaken. A number of recommendations are then advanced for transboundary MSP on the island of Ireland, including, the need to address the role of formal transboundary institutions and the lack of an agreed legal maritime boundary. The paper concludes with some commentary on the political realities of implementing transboundary MSP.     

Recreational use of offshore wind farms: Experiences and opinions of sea anglers in the UK

The expansion of offshore wind farms (OWFs) is likely to increase conflict with other marine users as different sectors compete for space. There may also be positive interactions, as the artificial reef effects from energy infrastructure have the potential to sustain and enhance fishing opportunities. Recreational sea angling is an important sector within the UK but the experiences and opinions of UK sea anglers with respect to OWFs have not been documented. To address this, an online survey was undertaken with recreational anglers around the UK (n=199). Respondents represented a range of socio-demographic and angling characteristics, although male, more frequent and older fishers as well as club members were over-represented compared to a 2012 national survey. One quarter of the respondents had fished around the perimeter of or within an OWF, most on multiple occasions, and 73% of those who had not expressed a willingness to do so in future. Anglers reported both positive and negative effects on catch success when fishing near or within OWFs compared to their experiences of the same site prior to OWF development. Outcomes for individual species were also mixed. Anglers recognised the potential artificial reef effects of OWFs and their role as a “safe haven”, particularly due to the exclusion of commercial fishers. Negative perceptions included restricted access, harm to marine wildlife, and visual impact. There is little evidence that OWFs will have a significant economic impact on recreational fishing, as most anglers are unlikely to change their behaviour in response to future developments.     

The role of marine spatial planning in sea use management: The Belgian case

The expansion of offshore activities and the increasing need to meet international and national commitments to biodiversity conservation have led to an enhanced interest in marine spatial planning (MSP) as a tool for sea use management. Several European countries, on their own initiative or driven by European legislation and policy, have taken global leadership in implementing MSP. This article will discuss the Belgian experiences with MSP. It will give a short historical overview based on legal developments and review the implementation process of a ‘Master Plan’ as a spatial management policy for the Belgian Part of the North Sea. Additionally, this article will reflect on the research that has been done in Belgium to apply a land-use planning approach to the marine environment. The MSP process in Belgium shows that a spatial approach to sea use management is possible despite the lack of a legal zoning framework. However, it concludes that a legal basis for MSP, in addition to the current permit system, would provide a more strategic and integrated framework for ecosystem-based, sea use management.     

Marine science and blue growth: Assessing the marine academic production of 123 cities and territories worldwide

The role of academic research in the economic growth process has been widely considered over the last two decades in the theoretical and empirical literature, particularly around the concept of knowledge-based economy. Meanwhile, the very recent notion of “blue growth” and the significant development potential related to marine environments have gained more and more concern for policy makers on different scales. It is therefore interesting to assess the academic research related to marine issues, owing to its potential contribution to this dynamics growth through knowledge transfers and academic spillovers. This paper provides a global evaluation of the marine academic production, using a spatialized, open and transdisciplinary approach. In particular, this approach is to mobilize indicators to assess scientific production, transpose it to the territorial scale and make a global comparison of “research territories” in the case of marine science, with a specific focus on European cities. The results show that the five main centres are Tokyo (Japan), Paris (France), San Diego (USA), Moscow (Russia) and Woods Hole (USA). A dense European territorial coverage in marine science centres also appears, and new world major centres such as Chinese and Brazilian ones emerge.     

Spatial conflicts in New Zealand fisheries: The rights of fishers and protection of the marine environment

New Zealand fisheries legislation provides commercial fishing rights to holders of individual transferable quota (ITQ). The settlement of fisheries claims against the Crown by Mäori, New Zealand's indigenous people, brought about the transfer of ITQ holdings to Mäori, and an obligation on the Crown to recognise and provide for indigenous (customary) fishing rights over fishing grounds and other areas that have been of special significance to Mäori. Some types of customary fishing areas exclude commercial fishing and could affect recreational fishing. Fisheries legislation requires that regulatory measures be put in place to avoid, remedy or mitigate the adverse effects of fishing. The Government also aims to protect marine biodiversity by having 10% of New Zealand waters in some form of protection by 2010. The legislative processes for protecting the marine environment and establishing customary fishing areas include assessment of effects on fishing rights. This paper explores the conflicts that arise from legislative obligations to uphold the rights of fishers, to sustain fishstocks and to protect the marine environment. The paper concludes that inconsistent legislative obligations and their disparate processes have led to spatial conflicts and a race for the allocation of space. Legislative obligations need to be integrated to maintain a balance between use of fisheries resources and protection of the marine environment.     

Policy implications and reconstruction of marine institutional architectures: the regional indigenous organization (RIO) option

Global marine policy-making and related institutional architectures have been within the domain of the United Nations system in general and its specialized agencies (FAO, IMO, UNESCO/IOC, UNEP) in particular. At the regional and country levels there are a large number of organizations and agencies that are involved in various marine issues in the programme areas of Regional Indigenous Organizations (ASEAN, CARICOM, SPF., organizations belonging to these regions). The paper reveals that the United Nations system represents a top-down policy making and institutional approach, whereas a combination of nation-state and their regional indigenous organizations represents a bottom-up approach. The paper outlines some inefficiencies of the United Nations system and provides an option for improving the effectiveness of regional indigenous organizations.     

Geopolitical factors of maritime policies and marine spatial planning: State,regions, and geographical planning scope

This article sets out to explore the extent to which the maritime policies that have been formulated in recent years are public policies on a par with other State-level policies, or whether the geographical domain where they are applied makes them exceptional. Maritime policy and territorial structure are very closely related, and it can be seen that maritime policies are beginning to shift towards the domain of State internal affairs, necessitating the rethinking of the way powers are distributed between territorial bodies that have the legal power to be involved in the formulation of these policies and some instruments, such as marine spatial planning.     

Offshore marine protected areas: Divergent perceptions of divers and artisanal fishers

Thorough comprehension of the perceptions of offshore Marine Protected Areas (MPAs) by different local social actors is lacking, especially in developing countries. This study aims to analyze the perceptions and socioeconomic characteristics of divers and artisanal fishers of an offshore MPA, located in Brazilian waters. Data on the perceptions, conflicts, and management of the MPA were gathered through questionnaires and interviews with local actors. The results show that scuba divers and fishers consider the MPA to be very important for biodiversity. They also consider their collaboration in participative management to be of considerable importance, even though they do not form part of the administration. For local actors, the area helps foster the preservation of the marine environment and benefits recreational diving, tourism, and artisanal fishery in local communities. Divers and fishers use the resources and space of the offshore area differently, which results in diverging perceptions and conflicts. Divers propose restricted protection (No-Take Zones), while fishers propose that the MPA should be used exclusively by the poor local communities for artisanal fishing. Conflicts arising from inefficient public administration (lack of environmental zoning, management plans, and participative management) and illegal use of the MPA were also identified. Data stemming from the local actors themselves are central to reducing the conflicts and improving public policies on offshore marine conservation.     

The role of local Government in marine spatial planning and management in Taiwan

As a result of population growth and economic development, there has been a rapid increase in sea use around the island of Taiwan. Such increased use is placing pressure on the marine environment and its resources. Three draft territory laws (the Draft National Territory Planning Act, the Land Re-conservation Draft Bill, and the Draft Coastal Act) and the Local Government Act are neither consistent nor sufficiently comprehensive. Consequently, local Governments (municipalities and counties) experience difficulties in planning and managing their inshore waters. This paper will discuss the role local Governments plays in marine spatial planning and management. Local Government officials working in specialist marine affairs units from Kaohsiung and Keelung cities were surveyed to elicit their views with regards to management authority, management capacity and resources, officials’ commitment, and intergovernmental coordination/collaboration with respect to inshore waters. In-depth interviews were also conducted with local directors of specialist marine affairs units along with experts, to identify the causes of problems brought to light through the survey and to propose potential solutions to these problems. The study findings indicated that it is necessary to specify the marine spatial planning and management authority, as well as the scope of local Governments, in both the Coastal Act and Local Government Act. In order to sustainably develop Taiwan’s marine and coastal areas, it is important that the following four primary factors (management authority, management capacity and resources, officials’ commitment, and intergovernmental coordination/collaboration) be improved.     

Adaptive governance and the human dimensions of marine mammal management: Implications for policy in a changing North

As climate change has driven dramatic changes in Northern sea ice regimes, marine mammals have gained iconic status around the world reflecting the perils of global warming. There is a tension between policies that have international support like a ban on seal hunting or whaling, and the adoption of adaptive, flexible rules that are likely to work in Northern places. Whereas most wildlife policy focuses on biological information to inform policy strategy, this analysis focuses on the “human dimensions” of Northern marine mammal management. This research examines ways in which human relationships and modes of governance affect conservation success. Standard analyses of risk to animal populations focused on direct sources of take are inadequate to address multi-causal, complex problems such as climate-induced habitat loss or increased industrialization of the Arctic Ocean. Early conservation policy strategies focusing on the moratorium of take have eliminated or reduced such practices as commercialized hunting and high levels of fisheries bycatch, but may be less relevant in an era in which habitats and climate changes are key drivers of population dynamics. This paper argues that effective adaptive policy requires new ways of learning about and governing human interactions with marine mammals. Through an exploration of marine mammal management in three Northern regions (Alaska, Nunavut, and the Finnish Baltic Sea coast), the paper analyzes the extent to which these marine mammal management regimes are practicing adaptive governance, that is, building cross-scale (local to international) understanding while allowing actors at the local scale the flexibility to direct the creation of rules that are ecologically robust and likely to succeed. Lessons are taken from these examples and used to propose selected policy and research recommendations for the marine mammal policy community.     

Frequent locations of oceanic fronts as an indicator of pelagic diversity: Application to marine protected areas and renewables

Frequent locations of thermal fronts in UK shelf seas were identified using an archive of 30,000 satellite images acquired between 1999 and 2008, and applied as a proxy for pelagic diversity in the designation of Marine Protected Areas (MPAs). Networks of MPAs are required for conservation of critical marine habitats within Europe, and there are similar initiatives worldwide. Many pelagic biodiversity hotspots are related to fronts, for example cetaceans and basking sharks around the Isle of Man, Hebrides and Cornwall, and hence remote sensing can address this policy need in regions with insufficient species distribution data. This is the first study of UK Continental Shelf front locations to use a 10-year archive of full-resolution (1.1 km) AVHRR data, revealing new aspects of their spatial and seasonal variability. Frontal locations determined at sea or predicted by ocean models agreed closely with the new frequent front maps, which also identified many additional frontal zones. These front maps were among the most widely used datasets in the recommendation of UK MPAs, and would be applicable to other geographic regions and to other policy drivers such as facilitating the deployment of offshore renewable energy devices with minimal environmental impact.