Australian practice in respect of the continental shelf beyond 200 nautical miles

Australia׳s remote location and position on the vast Indo-Australian plate mean that possesses one of the largest continental shelf areas in the world. The criteria in Article 76 of the United Nations Convention on the Law of the Sea permit the claiming on continental shelf to 200 nautical miles from territorial sea baselines, and if certain criteria are met based on the configuration and content of the seabed, to distances beyond. During the negotiations at UNCLOS III, Australia was a strong proponent of this extended shelf regime, as it was likely to have large areas beyond 200 nautical miles. Article 76 provides for a number of requirements to be met for a coastal State to assert sovereign rights over areas of continental shelf beyond 200 nautical miles, including a ten year deadline from becoming a party. This placed a disproportionate burden upon Australia, as it faced the same ten year time frame to lodge data with the Commission on the Limits on the Continental Shelf (CLCS) as other States with much smaller areas in issue. Australia also chose not to rely upon measures agreed between State parties to effectively extend this deadline, and to limit the requirements to be met within it. This paper looks at how Australian authorities approached the difficult task, while maintaining the standards required for data by the CLCS, and how the task was ultimately implemented. It also examines how the extended continental shelf arrangements interacted with the rest of Australia׳s law of the sea practice and maritime boundaries with other States. For example, after the entry into force of the Convention, Australia negotiated two maritime boundaries with neighbouring States that each explicitly dealt with areas beyond 200 nautical miles. It concludes with consideration of what issues remain unresolved in respect of the Australian continental shelf beyond 200 nautical miles. The paper will conclude at how Australia׳s implementation has raised new issues with neighbouring States, including an unresolved dispute in the South Pacific Ocean.     

The Darwin Mounds special area of conservation: Implications for offshore marine governance

As the first offshore marine protected area (MPA) designated in the United Kingdom (UK), the Darwin Mounds area of cold-water coral provides a unique opportunity for examining MPA governance in offshore waters, i.e. beyond the territorial sea (12 nautical miles (nm)) but within Exclusive Economic or Fishing Zones (EEZs or EFZs, out to 200 nm). Whilst the Darwin Mounds Special Area of Conservation (SAC) represents a unique case study for offshore marine conservation, both in terms of circumstances and legal precedence, it also provides lessons for future MPA designations in offshore waters. As Member States of the European Union embark on Maritime Spatial Planning (MSP) throughout their EEZs/EFZs, understanding the governance framework and potential opportunities and challenges in the offshore zone will become increasingly important for achieving marine conservation objectives in the face of competing economic interests and overlapping jurisdictions.     

A review of the feasibility, costs, and benefits of platform-based open ocean aquaculture in the Gulf of Mexico

Platform-based open ocean aquaculture (or mariculture) is a fledgling industry with a unique set of risks and uncertainties. In the past two decades, several commercial and experimental platform-based mariculture projects have been launched in the United States, however, all these projects failed or were abandoned because of operational problems or legal issues. The oil and gas infrastructure in the Gulf of Mexico is well suited for mariculture systems as these platforms are large, sturdy and long lasting, and designed to operate in the offshore environment. The purpose of this paper is to discuss the costs and benefits of a open ocean aquaculture industry in the Gulf of Mexico with particular focus on platform-based aquaculture. The opportunities for the use of idle oil and gas structures for open ocean aquaculture are limited, but the reuse of previously removed structures may have more promise.     

Fine-scale distribution of sardine (Sardina pilchardus) eggs and adults during a spawning event

High-resolution acoustic and ichtyoplankton sampling with a ‘continuous under-way fish egg sampler (CUFES)’ was performed in two regions of approximately 100 square nautical miles off southern Iberian Peninsula, with the aim of studying the small scale distribution of sardine (Sardina pilchardus) adults and eggs during a spawning event. Very dense patches (246 eggs m^− 3) of recently spawned eggs with dimensions (up to 3 nautical miles wide) significantly larger than daytime sardine schools were present in both regions. Egg staging and ageing showed very little intra-sample variation, indicating a synchronous spawning period at dusk. The internal structure of the patches evaluated by variography showed very low internal variability, as if they consisted of a single unit. This hypothesis is confirmed by the acoustic finding of large sardine shoals with similar dimensions to those of the patches after sunset and throughout the night. During that period, adults were found near or in contact with the bottom, suggesting that spawning occurred at depth. A distinct patch of older eggs was found in both areas, but with a few nautical miles of horizontal separation. Their characteristics (a larger area, lower egg densities and a more irregular shape) indicate that these patches were exposed to dispersion and ‘stirring’ by physical forces, reshaping their initial appearance, while mesoscale water circulation could have displaced the core of the patches away by several kilometres within a day.     

Approaches to addressing the problems of pollution of the marine environment: an overview

A review is presented of major international actions taken to address the pollution of the marine environment, from various sources. The actions are put into the context of the third United Nations Convention on the Law of the Sea and the outcomes of the United Nations Conference on Environment and Development 1992, and are related to major issues facing society with respect to the marine environment. These concern governance, institutions, implementation of international agreements, capacity building, as well as impacts on the ocean and needs for research and observations. The need for political will to act is also emphasized.     

ON THE DISTRIBUTIONAL CHARACTERISTICS OF FOULING ORGANISMS IN DONGSHAN BAY

The species composition, attaching season and variation of amounts of fouling organ-isms are regulated by various environmental factors, of which a few factors always play theleading role, and represent the principal aspect of a contradiction. In previous studies, theauthors have concentrated on the relationship between tbe distance from shore, orsalinity gradients and the distribution of fouling organisms. The present paper providingsome basic information of fouling communities in Dongshan, lay stress on the relationshipbetween the fluency of water and the distribution of fouling organisms in the same bay orharbor. Dongshan Bay (23°50′N, 117°30′E) is situated near the juncture of Southern Fujianand Guangdong Province, having a length of 10 nautical miles from north to south and 6nautical miles from west to east. The Bay is surrounded by land on three sides. The mouth     

Coastal management in Brazil – A political riddle

Brazilian legislation defines coastal zone as a national patrimony – the geographic space of interaction of air, sea and land formed by the counties directly influenced, but not necessarily by those located in the coastline; also included are those distant until 50 km from the coastline, holding activities of great impact for the coastal zone or its ecosystems. The definition includes also the territorial sea of 12 nautical miles. Coastal management is conducted by a national plan legally enforced, complemented by states and counties plans, and a coastal ecologic-economic zoning limited to small portions of the coastal zone. A resolution of the “Environmental National Council” defines as “permanent preservation areas”, of very restricted use, coastal ecosystems as mangroves, sand dunes, and reproduction sites of wild fauna. One could expect that the Brazilian coast should be more protected and properly managed than other countries where a national management plan is lacking (Argentina) or where the guidelines exist but are not yet legally enforced (South Africa). Notwithstanding, we note today in Brazil an intensification of conflicts opposing small-scale vs. industrial fishermen; shrimp farming vs. mangrove crab harvesting; resorts installation vs. native communities; oil and gas activities vs. NGOs; and conflicts on environmental permit between federal and state governmental agencies. This paper evaluates the possible reasons for the failure of the complex legal suite available in Brazil and suggests that participatory management and concerted actions with relevant stakeholders are the key elements for the successful cases.     

Integrated ocean management and the collaborative planning process: the Eastern Scotian Shelf Integrated Management (ESSIM) Initiative

In its capacity to lead and facilitate the development and implementation of integrated management plans under the 1997 Oceans Act, Fisheries and Oceans Canada is working with a range of stakeholders through a collaborative process—the Eastern Scotian Shelf Integrated Management (ESSIM) Initiative—to develop and implement an integrated ocean management plan for the eastern Scotian Shelf off Nova Scotia. Stakeholders include federal and provincial departments, aboriginal communities, municipal and local planning authorities, ocean industry and resource use sectors, coastal communities, environmental interest groups, and university researchers. This large ocean management area possesses important living and non-living marine resources, high biological productivity and diversity, and increasing levels of multiple use and competition for ocean space and resources. The ESSIM vision is to achieve environmental, economic, social/community, and institutional sustainability in the eastern Scotian Shelf.The ESSIM Initiative is building a collaborative planning process that involves all interested and affected parties. Ongoing information sharing and dialogue with stakeholder groups is providing capacity building and important input to current proposals for a collaborative planning structure and the ocean management plan. A joint federal-provincial working group has been established to move the Initiative forward within government and to address policy and regulatory coordination for ocean management. The future ocean management plan will include a balanced set of environmental, social, economic and institutional objectives, indicators and management strategies, as well as spatial and temporal planning approaches to address multiple ocean use.This article provides an overview of the ESSIM Initiative, including an assessment of ocean use, ecosystem understanding, and ocean management and planning requirements. The design of a collaborative management and planning structure and process will be discussed, as well as the key elements of the future integrated ocean management plan.     

The Gibbs Fracture Zone: A double fracture zone at 52°30′N in the Atlantic Ocean

A bathymetric survey of the offset in the Mid-Atlantic Ridge Crest at approximately 53°N revealed an east-west offset of 190 nautical miles and north-south offset of 75 nautical miles. The offset is filled with two valleys separated by a sill below 1900 fm. The valley strend approximately 95° east of north and are inconsistent with spreading poles calculated for the north Atlantic. Their trends have been used by earlier authors to calculate poles of rotation. It is proposed to name the offset The Gibbs Fracture Zone after the ship that made the survey.Woods Hole Oceanographic Institution Contribution No. 2443.     

New implementing agreement under UNCLOS: A threat or an opportunity for fisheries governance?

The purpose of this paper is to analyse the relationship of the proposed new UNCLOS Implementing Agreement concerning the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction with the current legal framework concerning fisheries. It elaborates on selected elements that are under negotiations, namely: marine genetic resources, area-based management tools, including marine protected areas, as well as environmental impact assessments. Each of those elements is analyzed with particular emphasis being laid on the following issues. Firstly, how the current legal status quo in the relevant area looks like. Secondly, how the question of fisheries could be included in a future treaty and, thirdly, what bearing it could have on the current framework of the management of fisheries.The article concludes with the identification of possible fields where the new treaty could bring added value. However, some possible challenges are mentioned as well. They relate in particular to the fact that the mandate of negotiations underscores that they shall not ‘undermine existing legal instruments and frameworks and relevant global, regional and sectoral bodies’.     

The nautical chart‐friend or foe

For centuries the nautical chart has been an important part of activities related to the ocean. Today the nature of ocean operations is changing and placing increasing demand for navigational accuracy at sea; however, the nautical chart has not significantly changed. This article briefly examines some aspects of the nautical chart which could limit its usefulness and suggests, in the opinion of the author, the need for additional investigations into the proper role of the nautical chart.     

The exclusive economic zone : State claims and the LOS convention

The rapid acceptance of the exclusive economic (EEZ) concept belies the broad differences among State claims beyond 12 nautical miles, and the wide gulf between State practice and the United Nations Convention on the Law of the Sea (LOS Convention). This paper first examines the areas of contention between State practice and the LOS Convention. These differences are characterized and the author concludes that the EEZ regime within the Convention does not address the specific individual and regional needs of States that have resulted in the wide discrepancy among State claims. The author suggests a global authority under which the jurisdictional line would be redrawn along the practical level of coastal State to vessel, rather than the political plane of coastal State to flag State.     

Snapper tagging in north‐east New Zealand, 1974: Analysis of methods,return rates,and movements

During 1974, 5045 snapper Chrysophrys auratus (Forster) were tagged at various locations along the north‐east coast of the North Island. Most were trawl‐caught using a canvas cod‐end in shallow inshore areas. Four types of tags were used, of which two were found to be effective: a large single‐barbed dart tag, and a lock‐on spaghetti tag. For the period up to the end of October 1975, 88 (1.74%) were returned. Highest returns were from the Hauraki Gulf (2.3%) and lowest from Northland (nil). Analysis of the recapture data showed that most movements were local, with a mean distance between tagging site and recapture position of 13.9 nautical miles (25.7 km). Four movements greater than 50 miles (92.6 km) were recorded. Local movements in the Hauraki Gulf were associated with the spring/summer spawning period. This movement, out from inshore areas which are closed to seiners and trawlers, and schooling behaviour, are thought to be the main factors contributing to the peak in snapper catches at this time of the year.     

The politics of negotiation at the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks

This article examines the dynamics and politics that led to the adoption in August 1995 of an ambitious and comprehensive legal instrument that aims to regulate the management of straddling and highly migratory fish stocks. In retrospect, such an achievement may appear surprising, but can be partly explained by a number of particularities that had not occurred in past similar international negotiations. Among such key factors were the actors of these negotiations, distant water fishing States and coastal States on the one hand, and other non-State actors on the other hand. Non-governmental organizations in particular played an innovative and important role, as did such inter-governmental organizations as the UN's Food and Agriculture Organization (FAO). At the same time, the proceedings of this Conference owe to two series of dynamics, one global in nature, which ruled the dealings of the actors, and particularly the bargaining between distant water fishing States and coastal nations, the other, a series of shifts that motivated individual States or groups of States to evolve in their positions throughout the more than two years of negotiations. The Conference also needs to be seen within the wider framework of the ‘mosaic’ of international instruments that were being negotiated at the time, in particular the FAO Code of Conduct for Responsible Fisheries. Furthermore, both the Conference and the Agreement are but the first steps in a long process where the commitment of the participating nations will be tested at the implementation stage.     

Commonwealth view of deep sea mining

Following the resumed Tenth Session of the Third United Nations Conference on the Law of the Sea (UNCLOS III) the UNCLOS President, Tommy T.B. Koh, declared in a press statement that: ‘The programme of work just adopted by the Conference, spelt out its collective determination that — with or without the United States — delegates intended to bring the Conference to a successful conclusion next spring, and that unlike previous occasions we do not intend to let the commitment slip away from our fingers’.1     

Sovereign rights and responsibilities: Applying public trust principles to the management of EEZ space and resources

Since the United States proclaimed its 200 nautical mile Exclusive Economic Zone in 1983, US agencies have given little attention to the need to develop effective management principles and strategies for the resources of this vast ocean area. Instead, they have relied upon existing programs and authorities to oversee the development of ocean energy and fisheries. This approach has been criticized by marine policy analysts because it perpetuates the existing, fragmented single-sector ocean regime characterized by inconsistent policies and endemic use conflicts.This paper proposes the adoption of certain principles deriving from the common law public trust doctrine in the management of EEZ resources and space. Historically, the public trust doctrine protected the public's rights and interests in nearshore resources and uses (commerce, navigation, and fishing). These traditional public rights were held by the crown or the government in trust for the people and could not be readily destroyed even though shorelands and coastal waters subject to the public trust might be conveyed into private ownership. In modern times the doctrine has been expanded in the United States to protect public rights in other uses and activities (e.g. conservation, scenic and ecological values, and preservation of open space and habitat) and extended geographically to apply to inland rivers, streams, and lakes.The public trust doctrine already applies in many states to the space, resources, and uses of the territorial sea. Because of the overlap of EEZ and territorial sea resources and uses, this paper considers the advantages of applying public trust principles and concepts to managing the EEZ. These principles include the need to preserve trust lands, waters, and resources for public use and benefit. The doctrine also provides a basis for distinguishing between, and ranking, public uses of trust resources, and imposes both substantive and procedural standards against which the conduct of the govermental trustees of trust, resources may be measured.The authors contrast the public trust doctrine with the ‘public trust’ deriving from the property clause of the US Constitution, and conclude that the broad discretion afforded federal officals under the latter is inconsistent with effective environmental management. Finally, the authors recommend a set of ‘presumptions’ derived from public trust principles that federal courts might follow to resolve serious EEZ space and resource-use conflicts.     

Ecological changes justifying termination or revision of EEZ and EFZ boundaries

Treaties, establishing boundaries to exclusive economic or exclusive fisheries zones, are generally based on environmental and economic circumstances. They delimit maritime entitlements, which are dependent upon coastal geography and they must, as a matter of law, represent equitable solutions. All perpetual treaties are based on the assumption that the circumstances leading to the conclusion of a treaty remain current as long as the treaty is enforceable. However, climate-related changes - such as sea level rise, coastal erosion, extreme weather events, ocean warming and ocean acidification - are altering the environmental circumstances that are essential to many maritime boundary agreements.An unforeseen fundamental change of circumstances can be invoked as grounds for terminating a treaty when the change relates to an essential basis of the treaty and radically transforms the obligations still to be performed. However, a fundamental change cannot justify termination of a treaty if it is caused by the party invoking it or if the treaty establishes a boundary. This rule is codified in Article 62 of the Vienna Convention on the Law of Treaties.Treaties delimiting sovereign rights to fisheries are not actual boundary treaties because the travaux préparatoires suggest that the boundary exclusion covers only boundaries delimiting territorial sovereignty. Furthermore, the reason for excluding boundary treaties - the need for permanence and stability - is less pertinent for maritime frontiers that fluctuate until settled through treaties or adjudication. Therefore, maritime boundaries can be subject to termination when their essential basis is affected by fundamental environmental changes.     

Tsunami travel times to New Zealand

A table is given for the intervals between the time that a tsunami propagating radially from a distant source first reaches a position 600 nautical miles from Wellington and the times when the tsunami first reaches any of 11 selected places in New Zealand.     

Temporal variability of three different macrofauna communities in the northern North Sea

In 1999, 2003 and 2007 macrofauna communities were sampled in three different areas (“Boxes”) of 10 × 10 nautical miles in the northern North Sea in order to study the temporal changes in community structure in relation to changes in temperature or changes in hydrography.     

The development of the Palau Arrangement for the management of the Western Pacific Purse Seine Fishery

In the early 1990s, island States of the South Pacific, confronted with the need to develop appropriate arrangements to enable them to manage highly migratory fish stocks in the western central Pacific ocean, developed the Palau Arrangement for the Management of the Western Pacific Purse Seine Fishery. This paper traces the development of the Palau Arrangement from a legal and political perspective. The implementation of the Arrangement has led to tension between coastal States and States fishing in the region which will need to be resolved if both sides are to fulfil the duty to cooperate in the management of highly migratory fish stocks under LOSC and the 1995 Agreement on Straddling Fish Stocks and Highly Migratory Fish Stocks.