Jurisdiction and offshore petroleum in Australia: creating symmetry between the Commonwealth and states by sharing benefits and avoiding costs

This article examines the federal legislative regime for governing offshore oil development in Australia. Adopting an evolutionary perspective, the article considers how the Australian petroleum regime has been able to avoid the ‘asymmetry of costs and benefits’ which have shut down the offshore oil leasing program on the US west coast. To this end, it is shown that the Petroleum (Submerged Lands) Act has overcome jurisdictional issues by creating a partnership between the federal and state governments, enabling both to share in the benefits of policy making. This joint decision-making structure is narrowly focused upon exploitation, though, and does not deal with environmental issues outside of its original scope. The absence of a complementary regime to fill this policy gap permits environmental costs to go unaccounted in petroleum development. This shortcoming notwithstanding, the Petroleum (Submerged Lands) Act provides a useful model by which federal/state jurisdictional limitations can be overcome. Ocean and coastal issues are currently receiving political attention in Australia, and it is timely for the cooperative governance model to be revisited and also extended to other marine policy sectors. Moreover, joint authority approaches could be considered by other federations struggling with offshore jurisdiction issues.     

Effective governance of a large and complex cross-jurisdictional marine protected area: Australia's Great Barrier Reef

Australia's Great Barrier Reef is the largest coral reef ecosystem on earth. The governance of such a large and iconic area is complex due to the overlapping federal and state (Queensland) jurisdictions. Since 1975 this globally significant area has been protected by pioneering federal legislation which enabled the ‘reasonable use’ of natural resources to co-exist with conservation, thus introducing the concept of a multiple-use marine park. In 1981 the Great Barrier Reef was listed as a UNESCO World Heritage Area. Today a federal multiple-use Marine Park covers 99% of the Great Barrier Reef Region and World Heritage Area, with the remaining areas under state jurisdiction. A close working partnership between the federal and state governments has evolved over 37 years and includes complementary legislation, joint field management and joint permits. In the face of increasing pressures, management of the Great Barrier Reef continues to be effective for a range of reasons, including a sound governance/legislative framework together with complementary federal/state legislation; integrated management with relevant federal and state agencies; and the application of ecosystem-based management principles both inside and outside the area of the marine park's jurisdiction. This integrated and comprehensive management model is widely regarded as effective by marine and coastal managers around the world.     

The State of Rhode Island's pioneering marine spatial plan

The state of Rhode Island's Ocean Special Area Management Plan (Ocean SAMP) is the first marine spatial plan in the United States to be formally approved by the federal government as an element of a state's Coastal Management Program. The 3800 km² Ocean SAMP region includes waters under both state and federal jurisdiction. The Ocean SAMP applies the inclusive, ecosystem-based approach to marine spatial planning recommended by the National Ocean Commission in 2004 that is a feature of the National Ocean Policy promulgated in 2010. It places within a larger spatial planning context the impact assessment process that is the basis for the issuance of leases and permits requested by a developer for a specified activity at a defined marine site. The Ocean SAMP was prepared over a two and a half year period of information generation, analysis, consultation, planning and policy making prompted by the need to identify potentially suitable sites for anticipated offshore wind farms. Its highly consultative approach builds upon the 30 years of experience of the Rhode Island Coastal Program in developing and implementing special area management plans (SAMPs) for coastal and marine areas where conflicts over needs for both development and conservation demand special attention and negotiation among stakeholders with different interests. The phases in the development and approval of the Ocean SAMP, and the prospects for successful implementation are examined through frameworks suggested for the preparation of a governance baseline put forward by the international Land Ocean Interactions in the Coastal Zone (LOICZ) program.     

Toward the conservation and management of Sedlo Seamount: A case study

Seamount-associated communities and ecosystems have proven to be highly vulnerable to the impact of human activities. Globally, seamount and cold-water coral habitats and species, which often go along with each other, are considered a priority for developing conservation and sustainable management measures within and beyond national jurisdiction. Seamounts may be good candidates for site-based management such as by means of marine protected areas (MPAs), due to their singularity and isolation. In the north-east Atlantic, so far, there are only two seamounts managed as marine protected areas, both in the waters of the Azores, and several others as closed areas to fisheries by Northeast Atlantic Fisheries Commission (NEAFC).This paper describes, using the example of Sedlo Seamount, the development of a framework for the management of activities and interests of a potential offshore marine protected area. The work is based on the scientific results of the OASIS project and on input from various stakeholders, including fishery organizations, government and scientists. It reviews the current state of the site in terms of natural setting, existing uses and potential threats and proposes boundaries and regulations with the overall goal to manage human activities around Sedlo in a way that protects its ecosystem function and biodiversity, and its significance as a rather unexploited example of a seamount within a network of marine protected areas in the NE Atlantic. The resulting proposed management plan is a fundamental prerequisite to the establishment of the Sedlo Seamount as an offshore MPA, contributing to the OSPAR network of MPAs in the north-east Atlantic.     

Bio-logging as marine scientific research under the law of the sea: A commentary responding to James Kraska,Guillermo Ortuño Crespo,David W. Johnston,bio-logging of marine migratory species in the law of the sea,Marine Policy 51 (2015) 394–400

Rapid advances in attaching miniaturized electronic devices to marine animals for the purpose of learning more about their behavior and interaction with the marine environment, known as bio-logging, raise important and unsettled questions under the international law of the sea. Part XIII of the United Nations Convention on the Law of the Sea (UNCLOS) provides coastal states with the right to regulate and authorize marine scientific research in offshore areas under their sovereignty and jurisdiction. In their recent article published in this journal, James Kraska, Guillermo Ortuño, and David W. Johnston, assert that although bio-logging is a form of marine scientific research, Part XIII of UNCLOS does not apply to tagged animals that collect scientific information within a coastal state’s 200 mile exclusive economic zone, territorial sea, or internal waters. This commentary rejects Kraska et al.'s interpretation and provides evidence to support the claim that coastal state consent under Part XIII of UNCLOS may, under some circumstances, apply to bio-logging. In light of the immense scientific contributions that bio-logging research provide to global marine conservation efforts and the possible burdens that may be imposed on researchers if coastal states begin to assert their rights under UNCLOS, it is important that the international community engage in a robust and candid discussion of the issue and develop a consensus-based approach on how best to move forward.     

Evaluating marine protected areas for managing marine resource conflict in Hawaii

Conflict surrounding commercial fisheries is a common phenomenon when diverse stakeholders are involved. Harvesting reef fish for the global ornamental fish trade has provoked conflict since the late 1970s in the State of Hawaii. Two decades later the state of Hawaii established a network of marine protected areas (MPAs) on the west coast of the island of Hawaii (“West Hawaii”) to protect and enhance the fish resources and alleviate conflict between stakeholders, principally between commercial dive tour operators and aquarium fishers. The perceptions held by these stakeholders on West Hawaii and Maui were evaluated to understand how MPAs influenced conflict dimensions, as the former location had a well-established MPA network designed to alleviate conflict, while the latter did not. This was accomplished by analyzing the following questions: (1) perceptions about the effectiveness of MPAs to alleviate conflict and enhance reef fish; (2) perceived group encounters and threats to coral reefs; (3) willingness to encourage fishing; and (4) value orientations toward the aquarium fish trade. The results indicate the MPAs in West Hawaii were moderately effective for alleviating conflict, encounters between stakeholders occurred on both islands, dive operators strongly opposed commercial fishing and perceived aquarium fishing as a serious threat to the coral reef ecosystem, and polarized value orientations toward the aquarium fish trade confirms pervasive social values conflict. The conflict between these groups was also asymmetrical. MPAs are inadequate for resolving long term conflict between groups who hold highly dissimilar value orientations toward the use of marine resources. Future marine spatial planning and MPA setting processes should include stakeholder value and conflict assessments to avoid and manage tensions between competing user groups.     

Marine genetic resources: A review of scientific and commercial interest

Marine genetic resources both within and beyond national jurisdiction have been the focus of international negotiations in a range of forums in recent years. One recurrent theme throughout these discussions has been the absence of detailed information upon which policy responses to the emerging issue of the conservation and sustainable use of marine genetic resources (especially in areas beyond national jurisdiction) could be based. In an effort to address some of these knowledge gaps, this article examines the level and nature of scientific and commercial interest in marine genetic resources, including in areas beyond national jurisdiction. It also examines the changing perspectives of the scientific community in relation to the potential of marine genetic resources.     

The Convention on Biological Diversity's Ecologically or Biologically Significant Areas: Origins,development, and current status

In 2008, the Convention on Biological Diversity (CBD) adopted seven criteria to identify Ecologically or Biologically Significant Areas (EBSAs) “…in need of protection, in open ocean waters and deep sea habitats”. This paper reviews the history of the development of the “EBSA process”, which was originally driven by the commitment to establish marine protected areas in areas beyond national jurisdiction, but which has since broadened to encompass the possibility of informing marine spatial planning and other activities, both within and beyond national jurisdiction. Additionally, the paper summarizes ongoing efforts through CBD regional workshops to describe EBSAs and the development of the EBSA Repository, where information on these areas is to be stored. The overlap between the EBSA criteria and biodiversity criteria suites used by various authorities in areas beyond national jurisdiction is illustrated. The EBSA process has reached a critical juncture, whereby a large percentage of the global ocean has been considered by the regional workshops, but the procedure by which these areas can be incorporated into formal management structures has not yet been fully developed. Emerging difficulties regarding the mandate to describe, identify, endorse, or adopt EBSAs, are discussed.     

Opportunities for improving global marine conservation through multilateral treaties

The speed and scale of human impacts on marine species, such as climate change and exploitation for international markets, coupled with a poor regulatory regime and lack of enforcement, make it especially difficult to protect marine species beyond areas of national jurisdiction. Yet as the number of multilateral treaties continues to grow, the declining state of the world's oceans suggest that these treaties are largely failing to fulfill their missions and achieve meaningful protection. Here, an analysis of all multilateral treaties governing activities related to oceans is provided. A range of issues is examined including efficacy, geographic and taxonomic distribution, and other factors that facilitate or inhibit conservation. Since 1882, 103 countries have signed 265 multilateral treaties related to the management of marine resources. The majority of treaties (51%) deal with fisheries, 30% deal with pollution, 4% marine mammals and 15% deal with other topics. In terms of factors that may predict efficacy, 65% of marine treaties have secretariats, 50% have scientific mandates, and 13% have enforcement mechanisms; only 9% have all three. Given the context of the United Nations General Assembly's new commitment to manage human activity and its impact on common resources on the high seas, it is important to understand the strengths and weaknesses – individually and cumulatively - of existing binding marine agreements.     

What makes a “successful” marine protected area? The unique context of Hawaii′s fish replenishment areas

In 1998, in order to combat the degradation of yellow tang populations on the west coast of Hawaii Island, fish replenishment areas (FRAs) were established prohibiting aquarium fishing along more than thirty percent of the coastline. Unlike other marine management approaches in Hawaii, which have largely been controversial, fraught with confusion over regulations, inadequately enforced, and lacking public support, these FRAs have been lauded as a marine conservation success, with wide-ranging support and evidence of rapid replenishment of the yellow tang population. In order to better understand the contextual factors contributing to the success of the West Hawaii FRAs, this research explores the following questions: (1) What factors documented in the literature on marine protected areas (MPAs) have been demonstrated to contribute to or inhibit MPA success internationally; (2) which of these factors do the FRAs of West Hawaii exhibit; and (3) are there additional factors that may have contributed to their wide acceptance and success? Common factors contributing to MPA success are determined through a synthesis of the literature. These include: level of community engagement, socioeconomic characteristics, ecological factors, MPA design, governance, and enforcement. The outcomes of West Hawaii′s FRAs are examined in the context of these factors. While the common factors agreed upon in the literature were key to the success of the FRAs, additional contextual factors such as the unique nature of the aquarium fishery and its social marginalization also played a vital role.     

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.     

江苏省沿海区域水环境容量计算研究

在江苏省沿海开发战略发展的背景下,研究海洋水体环境容量是实施海洋污染物总量控制和合理利用海洋资源的基础和前提。以江苏省沿海区域(包括连云港、盐城、南通在内的沿海三市)作为研究对象,根据人海排污口排污方式的不同,将沿海排污区域划分为沿岸区域和离岸区域两部分,分别建立了2种区域的水环境容量计算方法。结合近岸海域二维水动力水质模型和污染物通量计算模型对三市的沿海区域水环境容量、人海河流污染物通量分别进行了测算。在此基础上测算得到2007年沿海三市污染排放贡献率,并通过污染排放贡献率计算得到沿海三市最大允许人海量。结果表明,江苏省沿海区域COD的水环境容量为1 249 231 t/a,其中沿岸海域水环境容量为968 921 t/a,离岸海域水环境容量为280 310 t/a,沿海三市的COD排放贡献率为44%;江苏省沿海区域氨氮的水环境容量为73 658 t/a,其中沿岸海域水环境容量为47 728t/a,离岸海域水环境容量为25 930 t/a,沿海三市的氨氮排放贡献率为65%。该研究成果可为江苏省沿海区域开发中的环境保护提供技术支撑。     

海上构筑物用海存在的问题及管理政策建议

随着社会经济的发展和海洋资源开发利用水平的提高,海上人工构筑物呈现种类、数量和规模都迅速增长的态势。但目前我国大部分海上构筑物尚未纳入统一的管理体系,导致管理权限不清和管理环节缺位。文章分析我国海上构筑物管理的现状和存在的问题,从海洋管理实践出发,对海上构筑物管理进行有益探索,提出在协调众多涉海部门的基础上,从审批、登记、竣工验收、弃置管理、事中事后监管等方面,解决最紧迫的管理需求,先易后难地完善海上构筑物管理的缺位环节,逐步建立和完善海上构筑物管理制度体系,更好地服务于海洋经济建设。     

If Leviathan has a face, does Gaia have a soul?: Incorporating environmental education in marine eco-tourism programs

Current frameworks available to the public for understanding human impacts on the environment may be insufficient to ensure needed reductions in a variety of destructive behaviors. A model is presented for structuring marine eco-tourism programs so as to capitalize on a range of cognitive states experienced by tourists in a novel marine environment setting. The model is demonstrated in the context of a whalewatch trip in Hawaii. Questions as to the suitability and effectiveness of the model are discussed, and future areas requiring additional study are pointed out.     

适用于中国近海观测研究浮标的北斗/GPS双模信标系统的研制与应用

为了提高海洋观测研究浮标在位运行的安全性,自主设计了一种北斗/GPS双模定位信标。该信标采用传统的GPS技术进行定位结合“北斗”卫星特有的报文通信和定位功能,通过解决传统GPS信号盲区问题,为中国近海海洋观测研究浮标安全运行提供了更加有力的保障,同时提高了数据保密能力。该系统采用外部供电和内部自主供电相结合的模式,即使外部供电中断,也可保证正常运行不低于1 a,而且基本上不需要对信标进行专门维护,大大降低了运行和维护成本。与该信标配套的岸站管理系统具备发送和短信和邮件报警的功能,可实现浮标运行状态实时监控。     

Place-based ocean management: Emerging U.S. law and practice

Marine protected areas and marine reserves are being established in United States ocean waters under several federal and state laws. Relevant laws include the National Marine Sanctuaries Act, the Magnuson–Stevens Fisheries Conservation and Management, the National Monument Act, the federal Submerged Lands Act, and the California Marine Life Protection Act. This article evaluates U.S. place-based ocean management from the perspectives of relevant international law principles and programs and foreign nation experiences relevant to the U.S. It then focuses on the challenges presented in managing multiple uses of U.S. ocean waters in the face of federal and state jurisdictional complexity. Integrating place-based management with fisheries management is given special attention.     

江苏近海紫菜养殖区的空间扩张模式研究

为精准实施海域使用现状的动态监测与有效管理,开展了江苏近海紫菜养殖区空间扩张模式研究.选取1990年、2000年、2013年和2018年四个时相的Landsat遥感影像为数据源,采用面向对象分类方法提取江苏近海紫菜养殖区的空间分布信息,分别计算1990年、2000年、2013年和2018年江苏近海紫菜区养殖面积并分析其...     

Shaping an international agreement on marine biodiversity beyond areas of national jurisdiction: Lessons from high seas fisheries

A decade of international discussion on marine biological diversity beyond areas of national jurisdiction (BBNJ) culminated in 2015 with a United Nations General Assembly Resolution to establish an international legally-binding instrument on the conservation and sustainable use of BBNJ. Proponents of the new instrument therefore consider it as an opportunity to eliminate gaps in the current legal regime and promote better coordination. As the next step in the negotiations begins, substantial lessons can be drawn from the 1995 UN Fish Stocks Agreement (UNFSA), which has faced many of the same challenges related to gaps in scientific knowledge, uneven governance and regulatory capacities, and inherent unpredictability, both ecologically and in terms of anthropogenic drivers of change. For BBNJ, however, such challenges are far more complex due to the diversity of stakeholder communities and the diversity of resources involved, including fish and mineral resources with tangible economic values, marine genetic resources of unknown value, and the culturally-specific values attached to charismatic species and conservation in general. Drawing on lessons from UNFSA, it is argued that the establishment of marine protected areas (MPAs) under the BBNJ instrument would be particularly well served by a similar regional approach aligned with existing international agreements. In this regard, it is recommended that the capacity building under the new international instrument on BBNJ should focus inter alia on the secretariats of the regional fishery management organizations in order to enhance intra-regional and inter-regional cooperation and sharing of best practices.     

The potential compatibility of offshore wind power and fisheries: An example using bluefin tuna in the Adriatic Sea

Given the increasing competition for marine resources, regulatory strategies that benefit multiple stakeholders are increasingly important. Offshore wind power generating facilities are becoming more common in the marine environment and alter the characteristics of the fisheries in the surrounding area. Floating wind turbines can act as fish aggregating devices (FAD), thereby increasing the catchability for some species. Many marine recreational fisheries are open access without effort restrictions; therefore, control of total harvest is difficult. Creating a limited entry recreational fishery and excluding commercial fishing from the area surrounding offshore wind turbines may aid in controlling total harvest and may benefit several important stakeholder groups: (1) recreational and commercial fishermen in terms of higher recreational catch rates and potentially higher overall yield, (2) fisheries managers in terms of more precise control of recreational fisheries harvest, and (3) owners of offshore wind power facilities in terms of reduced risk of damage to infrastructure due to fishing activity. We discuss the compatibility of wind power facilities and fisheries, conditions conducive to this compatibility, and provide an example from a proposed offshore wind power facility in the Adriatic Sea and its potential to affect the fisheries management there, particularly for bluefin tuna (Thunnus thynnus).     

Offshore marine conservation policies in the North East Atlantic: Emerging tensions and opportunities

An inherent tension exists between legal approaches to nature conservation and fisheries management in the European Union, as the former remains the remit of Member States while the latter is under the exclusive legislative jurisdiction of the European Community (EC). This tension is of particular importance when addressing the conservation of habitats or species that are under threat from fishing activities. This article examines recent developments in offshore marine conservation in the North-East Atlantic in light of the legislative developments and political frameworks that are currently evolving. By analysing the emergency closure of the Darwin Mounds area of cold-water corals and the UK pair-trawl ban, it becomes evident that the precautionary principle is a key factor in the tension between fisheries management and marine nature conservation, and is not always taken into account.