Complete Document / RIU-W-84-001

j JOANCopy pNLy~ RIU-%-84-001 C3 Resource Use and Use Conflicts in the Exclusive Economic Zone NrmTI5 ~9P~ SeaCraft Oapositeq Center for Ocean Management Studies Libraryof CongressCataloging in PublicationData Main entry under title: "Resourceum and use conflicts in the exclusive economicsone." L University of RhodeIsland, Center for Ocean Management Studies Copyright ! 1984by NarragansettGraphics, Inc. All rights remrved Narragansett Graphics, Inc, 82 High Street Wakefield, Rhode Island 02880 Published in 1984by Times Press Educational Publishing A Division of NarragansettGraphics, Inc. 82 High Street,Wakefleld, Rhode Island 02880 All rights remrved.No part of this publicationmay be repro- ducedor transmittedin anyform or by anymeans, electronic or mechanicalincluding photocopy, recording or anyinforma. tBÃtstorage or retrievalsystems, without pefmion ln wflting from the publisher. Printed in the United States of America Contents Preface v PART ONE An Overview 1 LYNNE CARTER HANSON The Geographyof the US. Exclusive EconomicZone 3 LEWIS hL ALEXANDER The Exclusive EconomicZone Proclamation: What Have Wc Gained? 7 BRIAN HOYLE Discussion I2 PART TWO ManttghtgConfIfetfng Veen 19 LEWIS hL ALEXANDER Marine EnvironmeatalAspects of the Exclusive EcoaomicZone 21 CLIFTON CURTIS Oil andGas ladustry Perspective 31 R. E. HUNT FisheriesProblems 39 RKHARD B, ALLEN Transportation:Coast Guard P~ivca NavigationSafely and Future Prospects Sl JOHN SHKOR Environmentalquality 56 ERIC J. WILLIAMS Ill CommercialNavigation Coacerns 65 EDWARD CROSS A View from the Deparnneat of the Iaterior 73 CHRIS OYNES The NationalOceanic aad Atmospheric AdministrationOutlooh 81 ROBERT McMANUS Io The Departmeatof DefenseViewpoint 93 WILLIAM SCHACHTE The Texas Initiative 107 SHARRON STEWARI' The State of Oregon;Coopetution or Conflict in OffshoreMining? 11$ DONA123 HULL PART THREE CtmtmetRenninginet Meehnnhsnusand EIyerieaeen RICHARD BURROUGHS 13 Methodsof Conflict Resolutioa 133 J. D. NYHART NICHOLAS SMITH /V Contents 14 A Varietyof ConflictResolution Experiences The Oil Industry and GeorgesBank 1st O,J.SHIRLEY FromA DisputeResolutiOn Practitiuner 147 MARION COX GeorgesBank and the Departmentof Interior PIET DeWITT OCS RevenueSharing 157 DANIEL M. ASHE Discussion I 68 PART FOUR Utilizingthe LivingResource Potential of the Exclusive EconotnieXone 175 JOHNGATES 15 Overview of the Living Resources 179 RICHARD HEN NEMUTH SUSAN P, SHEPARD 16 Whatis Right and Wrong w.ith the Present System7 193 WILLIAM G, GORDON 17 Economic Distributitxt Issues 305 STEVEN R, CRUTCHFIELD JOHN GATES 18 RegionalFisheries Perspectives Northwest Pacific 331 JAMESCRUTCHFIELD Gulf Coast 341 FRED J. PROCHASKA Ncw England 240 DOUGLAS G. MARSHALL Tuna Fishermen 351 AUGUST FELANDO PART FlVE Ezploltfng the Non-Living Retsottrcen of the Exclttaive Economic Xone 269 THOMAS GRIGALUNAS 19 An Overviewof ProspectiveGeologiaal Resources of the ExclusiveEconomic Zone 371 ROBERT W. ROWLAND 20 Economicsof the Non-fuel Minerals 283 JAMESBROADUS 21 Mineralshlamqpment Service View of Offshore Mineral Exploration 399 MICHAEL J. CRUIC~K 22 HydrocarbonEconomics 307 THOMAS GRIGALU NAS Discussion 316 Preface The Centerfor OceanManagement Studies was created in the fall of 1976for the purposeof promotingeffective coastal and ocean management.The Centeridentifies ocean management issues, holds workshopsand conferences to discuss these issues, and develops recommendationsand research programs to help resolvethem. We haveaddressed a variety of issuesincluding: fish vs. oil onGeorges Bank;the United States without the Law of theSea Treaty; and internationalshipping policy. This workshop,the second in a seriesof meetingsaddressing issuesof the ExclusiveEconomic Zone EEZ!,is representative of thefocus that the Center will havefor thenext three years. The 1983Presidential Proclamation, establishing an ExclusiveEconomic Zonefor theU.S., has posed a numberof ongoingquestions with which the nation must deal, Among theseare: What typesof resourceuse activities within the EEZ must be managedand at what levels of government? How areconflicts between EEZ areasand between administrative groups to be accommodated? How can regionaldiversities and interestswithin the U.S. EEZ be adjustedto conformwith the overallgoals and policiesof EEZ management? Questionssuch as these are comprehensive and far reaching; but, in the early stagesof EEZ development,means must be found for organizingthem into manageable units and for devisingpro- cedureswhereby the units can be meaningfully handled.This workshopis specificallyaddressing resource use and use conflicts. The addressingof the issuesof resource use and use conflicts was divided into five parts.The presentersin Part one gavetwo overviewpresentations that set the stage for thefollowing two days. Parttwo included presentations byrepresentatives of a varietyof user groups identifying present inter-industry conflict situations. The evening session,Part three, addressedconflict resolution mechanismsand experiences. Specific living and non-living resource uses present and potential were addressed in Parts four and five with an eye toward intra-industryproblems. By the endof the two-dayperiod, it wasfelt by manypar- ticipantsthat a greaterunderstanding of thepresent and potential problemsin theEEZ relatingto multipleresource use was gained. vi Preface I hopethat the productionof thesepreceedings provide to others, unableto participate,a handyreference to the varietyof considera- tions that should be taken into account when making management decisions for our exclusive economic zone. This workshop required the efforts of numerous individuals, atl of whom I thank, some of whom I will specifically mention. I was fortunate to have assistingme on the planning committee four membersof the University of Rhode Island faculty: Lewis M. Alex- ander, Director, Center for Ocean Management Studies; Richard Burroughs,Assistant Professor, Graduate Program in Marine Af- fairs;John Gates,Professor, Resource Economics; and Thomas Grimslunas,Assistant Professor, Resource Economics. Without their help in theplanning stage and their participationas session chairs, the meetingwould not haveaddressed as much nor run assmootMy as it did. Many thanks. Without the presentations from the par. ticipants there would be nothing to put in print. Critically important to any meeting are the funding sources.For this meeting we were fortunate to have funding from: Minerals Management Ser- vice, National Marine Fisheries Service, United States CoastGuard and Sea Grant. No office runs with just one person. For their logistical and technicalsupport I would like to give specialrecognition to the COMS staff.A well deservedthanks goesto Carol Dryfoos, COMS Coordinator andJanet LaCroix, COMS Secretary, for their special effortson theseproceedings. And finally, a numberof studentsfrom the Graduateprogram in Marine Affairs helpedwith driving and notetaking.Candyce Clark, NathaliePeters, Kate Daly, Amy Stone and JocelynCurl. Lynne Carter Hanson Conference Chair and Esecvtive Director Center for Ocean hfanagement Stvdies University of Rhode 1siand Kin>eton, Rhode Isiand PART ONE An Overview An Overview Part one is intendedto serve as a backgroundfor the rest of the program.The two overview papers will setthe geographical stageand juridical scope. Lewis Alexander, former Geographerof the United States DepartmentofState, discusses theU.S. Exclusive Economic Zone EEZ! in relationto othercoastal states. Not onlythe sizerelation- shipbut the important concept of maritimeboundaries as well. Dr. Alexanderalso suggests the conceptof regionalmanagement of the EEZ, patternedafter the NMFS regionalcouncil system. Brian Hoyle'spresentation addresses the issueof what was gainedthrough the exclusive economic zone proclamation. The resourceand juridical gains have been a boonnot only for national exploitationbut also for internationalfishery negotiations and our methodof carefullycrafting the EEZ proclamationcan be looked uponas a plusin our role in internationalleadership. Lynne Carter Hanson Executive Director Center for Oceanhfanagement Studies Universi ty of Rhode Island Kingston,Rhode Island An Ovrrview MARITIME BOUNDARIES One aspect of the EEZ concerns maritime boundaries with our neighbors. For the continental United States, there are nine such boundaries; four with Canada, two with Mexico, and one each with Cuba, The Bahamas, and the Soviet Union. In none of these situations is there complete and final agreement as to the boundary delimitation. We have an 1867 agreement with the Soviet Union, fixing our mutual border in the Bering Sea/Bering Strait area, and north into the "frozen ocean," but there is disagreetnent as to the exact location of the line. This results from uncertainties as to what the projection was of the charts which the negotiators used. If it were a Mercator projection, the straight line joining the appropriate turning points would be rhumb line a position favored by the Soviets. If, however, a Polyconic projection were used at that time, the straight line would follow the arc of a Great Circle and be closer to Siberia, The areal difference between the two lines, in the Ber- ing Sea, comes to over 14,000 square nautical miles. We have concluded an agreement with Mexico defining our common maritime boundaries both in the Gulf and the Pacific, but the U.S. Senate, thus far, has failed to ratify the agreement.Some Senators, apparently, suspect the Federal Government of partak- ing in a "Great Giveaway." We have an interim

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