Debating Ocean PolicyCredit to David Heidt and Dr. Harris

Resolved:That the United States federal government should establish an ocean policy substantially increasing protection of marine natural resources.

2003 Debate Topic

Resolved: The United States federal government should substantially increase its exploration and/or development of space beyond the Earth’s mesosphere.

2012 Debate Topic

Resolved: The United States federal government should substantially increase its non-military exploration and/or development of the Earth’s oceans.

2014-15 Topic

Oceans hold 99 percent of the space for Earth's living organisms; yet many experts argue humans know less about the world's oceans than outer space. This fact solidifies the topic as one which offers an opportunity to examine both U.S. and international law on matters related to the Earth's ocean resources. In early 2012, the National Ocean Council drafted an Implementation Plan to translate President Obama's National Policy for the Stewardship of the Ocean. The document indicates a readiness by the U.S. government to address oceanic exploration and development policies in the areas of marine planning, coastal communities, commercial fishing, agriculture and energy. Possible affirmative cases would include reducing overfishing, limiting ocean acidification, conducting disease research, restricting invasive species and decreasing ocean dumping. Other affirmatives could deal with changes in Arctic shipping routes or opportunities for oil and natural gas exploration. Negative positions can focus on international issues, especially with China or Russia, in regard to control of the Exclusive Economic Zone of oceans. Some negatives might take the route of environmental challenges or threats that development might encounter. Additionally, there is a wealth of negative information focusing on the burden additional exploration or development would place on the U.S. economy.

The Topic Paragraph

1. Exploration It’s well defined, and a term of art. The most common definition – exploration is ‘discovery’ Huddleston, 9 – communications officer for the National Research Council (Nancy, “Ocean Exploration: Highlights of

the National Academies Reports”, http://dels.nas.edu/resources/static-assets/osb/miscellaneous/exploration_final.pdf What Is Ocean Exploration?

As defined by the President’s Panel on Ocean Exploration (National Oceanic and Atmospheric Administration, 2000), ocean exploration is discovery through disciplined, diverse observations and recordings of findings. It includes rigorous, systematic observations and documentation of biological, chemical, physical, geological, and archeological aspects of the ocean in the three dimensions of space and in time.

1. It’s discovery of the characteristics of the ocean – but those characteristics are wide-ranging 2. The process should be open-ended – which means you don’t look for a specific thing – ie you wouldn’t search for

flight MH 370 according to this definition. Observing and recording characteristics of the ocean might be topical, and mapping the sea floor might be topical, but only looking for a particular item within the ocean is not.

3. It’s related to, but, distinct from, research – the best explanation is that exploration is the beginning stage of research where you’re asking questions – you’re not looking for definite answers. It’s the difference between coming up with a hypothesis and testing that hypothesis.

Relevant because there will be a category of affirmatives dedicated to improving scientific knowledge – particularly about climate. Negatives will argue that those are research, not discovery. It’s not a great argument because the line between the two is blurry – but evidence definitely exists to exclude it.

Alternative interpretation – exploration is the search for resources The Law of the Sea and various parts of US Code define it narrowly, to be just the search for resources. There are good

definitions, but they are limited to a particular context. Notably: –the Law of the Sea was a treaty primarily designed to promote the sustainable economic use of resources, so it would

make sense that any definition of exploration within it would be about resources –US Code is based upon particular laws – so the Outer Continental Shelf Lands Act was only about looking for oil and

mineral resources. It wouldn’t make sense for it to have a broader definition of ‘exploration’. –an important note: the resolution says ‘exploration of the oceans’ – not of ocean resources

Exploration

National Academies 9 National Academies – National Academy of Sciences, National Academy of Engineering,Institute of Medicine, and National Research Council 2009 Ocean Exploration Highlights of National Academies Reports http://dels.nas.edu/resources/static-assets/osb/miscellaneous/exploration_final.pdf

What Is Ocean Exploration?

As defined by the President’s Panel on Ocean Exploration (National Oceanic and Atmospheric Administration, 2000), ocean exploration is discovery through disciplined, diverse observations and recordings of findings. It includes rigorous, systematic observations and documentation of biological, chemical, physical, geological, and archeological aspects of the ocean in the three dimensions of space and in time.

Exploration

Exploration is searching the oceans for new discoveries NOAA 13 NOAA Ocean Explorer What Is Ocean Exploration and

Why Is It Important? Revised January 07, 2013 by the Ocean Explorer Webmaster http://oceanexplorer.noaa.gov/backmatter/whatisexploration.html

Ocean exploration is about making new discoveries, searching for things that are unusual and unexpected.

Although it involves the search for things yet unknown, ocean exploration is disciplined and systematic. It includes rigorous observations and documentation of biological, chemical, physical, geological, and archaeological aspects of the ocean.

Findings made through ocean exploration expand our fundamental scientific knowledge and understanding, helping to lay the foundation for more detailed, hypothesis-based scientific investigations.

While new discoveries are always exciting to scientists, information from ocean exploration is important to everyone. Unlocking the mysteries of deep-sea ecosystems can reveal new sources for medical drugs, food, energy resources, and other products. Information from deep-ocean exploration can help predict earthquakes and tsunamis and help us understand how we are affecting and being affected by changes in Earth’s climate and atmosphere. Expeditions to the unexplored ocean can help focus research into critical geographic and subject areas that are likely to produce tangible benefits.

Six areas of exploration have been recommended as priorities NRC 3 Committee on Exploration of the Seas, National Research Council

2003 Exploration of the Seas: Voyage into the Unknown http://explore.noaa.gov/sites/OER/Documents/national-research-council-voyage.pdf

Recommendation: Several promising areas were identified as having broad international interest and are recommended as potential

initial exploration themes: • marine biodiversity; • the Arctic Ocean; • the Southern Ocean and Antarctic ice shelves; • deep water and its influence on climate change; • exploring the ocean through time; and • marine archaeology. Studies in those areas will reveal additional insights into living and

nonliving resources (fisheries, bioproducts, energy resources, mineral deposits); human history; and how changes in physical, chemical, and biological

properties of the ocean and seafloor affect our environment and climate. The list clearly is not exhaustive, but it identifies some areas in which international interest has been demonstrated, and for which major discoveries

are likely. Two of these exploration themes, marine biodiversity and the Arctic Ocean, are used later in this report as examples for the project selection process for ocean exploration programs.

Four methods are recommended for ocean exploration McNutt 1 DR.MARCIA K.MCNUTT, Monterey Bay Aquarium

Research Institute November 1, 2001 THE THIRD ANNUAL ROGER REVELLE COMMEMORATIVE LECTURE

Ocean Exploration http://nas-sites.org/revellelecture/files/2011/11/2001-Program.pdf Just two years ago I was asked by NOAA Administrator Jim Baker

to chair a panel of distinguished researchers, explorers, educators, and marine archaeologists to develop a national strategy for ocean explorationiii. The report was commissioned by the White House on the bicentennial of the Lewis and Clark expedition, and was intended to expand exploration of our planet to the portions that lie under the sea.

The panel embraced the charge with relish, and recommended that the nation implement a program of ocean exploration with 4 elements:

1. Voyages of discovery. 2. Platform and instrumentation development. 3. Data management and dissemination. 4. Formal and informal educational outreach.

Exploration includes use of unoccupied vehicles– does not require humans

National Academies 9 National Academies – National Academy of Sciences, National Academy of Engineering,Institute of Medicine, and National Research Council 2009 Ocean Exploration Highlights of National Academies Reports http://dels.nas.edu/resources/static-assets/osb/miscellaneous/exploration_final.pdf

Unoccupied vehicles greatly enhance ocean exploration capabilities. Descending beneath the surface to explore the ocean’s depths

provides unique opportunities for observation, but new technologies have made it possible to virtually see and

study much more of the ocean than would be possible with just HOVs. Scientists and engineers continue to

develop and improve unoccupied vehicles that can be remotely operated from ship or shore to increase access and

enhance capabilities of ocean researchers. In the 1960s, towed instruments were first developed for underwater

photography, acoustical mapping, and measurement of water temperature, magnetic field strength, and other properties. The first success was Deep Tow, developed in 1960 by Fred Spiess and his colleagues at Scripps for mapping the deep seafloor.

Dictionary definitions of exploration are flawed Lester and Robinson 2009 (Daniel F., Dept. of Astronomy @ UT Austin

and Michael, Dept. of History @ Hillyer College, U of Hartford, “Visions of Exploration”, Space Policy 25, p. 236-243 GAL)

Despite these ambiguities in meaning, it is still emphasized by many that the USA is a nation founded by explorers, and that, however troubling their legacy might be. those explorers have instilled in us a national "spirit of exploration". A discussion about the definition of "exploration" can. in prin ciple, devolve into a comparison of dictionary definitions, and that is not very satisfying. Were we to do this, we would quickly find that the verb "explore" is defined (as per the Oxford English dictionary) as to: (1) travel through an unfa miliar area in order to learn about it; (2) inquire into or discuss in detail: and (3) examine by touch. Two of these would apply to human space Might. By these definitions, one might argue that exploration involves little more than walking into the woods a few hundred yards from home and planting tracks on a few square inches of ground that might never have been touched by human feet. This seems absurd, of course. Such definitions could even be rendered irrelevant by Chief Justice Potter Stewart's "I know it when I see it" test (which he famously used to define obscenity) |5|. Such a test, in which exploration is defined at gut-level, seems endemic to practical modem views of space exploration. Yet it is an absurdity which makes the point clear: definitions offer little help in understanding the constellation of meanings which surround modem exploration

It’s poorly defined, and not at all a term of art. The word ‘development’ is well defined in other contexts – mostly about the development of people or societies – those definitions have very little use here.

There are some cards that suggest that it must be explicitly for commercial purposes. However, I’m not convinced this is a sustainable interpretation of the topic, for two reasons: 1. the word ‘its’ in the topic complicates things. The topic says ‘its development’ – which on prior topics, the

neg has usually been able to win its = ownership. The space exploration / development topic was similar in wording to this one – and the neg could conclusively

win that all exploration or development must be directed by the federal government. On that topic, this interpretation successfully forced the affirmative to defend governmental development, and allowed the negative to defend incentives for the private sector as a core counterplan.

However, the federal government doesn’t actually develop ocean resources itself – really ever, or if it did, it would be through the Department of Defense. Instead, it gives permits to lease resources to the private sector and they develop it. The lands and resources are federally owned, but a lease means the private sector has the ability to develop it.

It’s at still possible there could be some affs even under a strict interpretation of ‘development as exploitation’ – but it’s a very small number of cases and would probably be limited to things like federal demonstration projects (such as for OTEC).

2. most literature about federal ocean development anchors it firmly in the concept of ‘management and conservation’ of resources. The federal role is basically sustainable development.

Sustainable development suggests ‘its development’ could just be management and regulation of use and exploitation of resources

Development

Potential concerns – –‘sustainable development’ may not be exactly the same as

‘development’ – although most articles suggest it’s just one kind –is environmental protection topical? The best evidence I’ve seen

suggests it is, as long as it’s in the context of management of exploitation. If the federal government establishes a legal regime for use, maybe that’s good enough. I don’t think it’s topically defensible to establish a new MPA because that bans activities that would be considered ‘development’. But it might be topical to limit development to sustainable rates of growth.

–if both the use of resources and the regulation of the use of resources are topical, then the topic is arguably bidirectional. An outright ban on deep sea trawling is probably healthier for fish populations everywhere else. Probably effects topical.

Major Concerns

Ocean development is use of ocean resources, spaces, and energy

JIN 98 JIN Japan Institute of Navigation 1998 "Ocean Engineering Research Committee"

http://members.j-navigation.org/e-committee/Ocean.htm What is ocean development? Professor Kiyomitsu Fujii of the University of Tokyo defines ocean development in his book as using oceans for mankind, while preserving the beauty of nature. In the light of its significance and meaning, the term "Ocean Development" is not necessarily a new term. Ocean development is broadly classified into three aspects: (1) Utilization of ocean resources, (2) Utilization of ocean spaces, and (3) Utilization of ocean energy. Among these, development of marine resources has long been established as fishery science and technology, and shipping, naval architecture and

port/harbour construction are covered by the category of using ocean spaces, which have grown into industries in Japan. When the Committee initiated its activities, however, the real concept that caught attention was a new type of ocean development, which was outside the coverage that conventional terms had implied.

Definitions

  Lexis headnote 11 MARTIN L. C. FELDMAN, UNITED STATES DISTRICT JUDGE ET

AL versus KENNETH LEE "KEN" SALAZAR, ET AL CIVIL ACTION NO. 10-1941 SECTION "F" UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA 786 F. Supp. 2d 1151; 2011 U.S. Dist. LEXIS 37719; 73 ERC (BNA) 1855; 176 Oil & Gas Rep. 657; 41 ELR 20138 April 6, 2011, Decided lexis

Headnote 12 Under the Outer Continental Shelf Lands Act (OCSLA), 43 U.S.C.S. § 1331 et seq., "development" is defined as those activities which take place following discovery of minerals in paying quantities, including geophysical activity, drilling, platform construction, and operation of all onshore support facilities, and which are for the purpose of ultimately producing the minerals discovered. 43 U.S.C.S. § 1331(l). "Production" comprises those activities which take place after the successful completion of any means for the removal of minerals, including such removal, field operations, transfer of minerals to shore, operation monitoring, maintenance, and workover drilling. § 1331(m). From these definitions, it is obvious that at both the exploration phase and the development and production phase, OCSLA contemplates drilling. OCSLA provides that at the exploration stage, a lessee submits, and the Bureau of Ocean Energy Management, Regulation, and Enforcement approves, an exploration plan. 43 U.S.C.S. § 1340. Exploration may not proceed until an exploration plan has been approved.

Ocean development includes extraction of minerals

Lipp 60 James E. Lipp, director of development planning of the Lockheed Aircraft Corp, member of the

National Academy of Sciences Panel on New Devices for Exploring the Oceans, and chairman of the National Security Industrial Asso ciation's Task Group on Undersea Navigation and Oceanography. FRONTIERS IN OCEANIC RESEARCH HEARINGS House COMMITTEE ON SCIENCE AND ASTRONAUTICS

APRIL 28 AND 29, 1960 http://archive.org/stream/frontiersinocean00unit/frontiersinocean00unit_djvu.txt

I should like to subdivide the field of ocean development into half a dozen parts and handle each very briefly. These are ; naval weapons, underwater transportation and communication, fresh water conversion, mining or chemical extraction of minerals, food production, and finally research activities.

Contextual evidence

South Pacific Commission 91 South Pacific Commission, "International Centre for Ocean Development" 5-9 August 1991 http://www.spc.int/DigitalLibrary/Doc/FAME/Meetings/RTMF/23/IP22.pdf

ICOD' s mandate encompasses all aspects of ocean resource development and management . Programs build on specific areas of sectoral expertise in developing countries or regions . The programs and projects of ICO D have been grouped under several broad themes : integrated ocean management and development (IOM) ; fisheries management and development ; mariculture ; coastal development and management ; non-living resource management and development ; marine transportation and ports management ; and marine environmental conservation.

Contextual evidence

Pujari 12 Saritha Pujari, BS Poona College of Arts Science & Commerce 2012 The Objectives and Observation of Ocean Development around the World, http://www.yourarticlelibrary.com/ocean/the-objectives-and-observation-of-ocean-development-around-the-world/11207/

The broad objectives of ‘ocean development’ have been laid down by Parliament in the Ocean Policy Statement of November 1982. The domain of our concern for development of oceanic resources and its environment extends from the coastal lands and islands lapped by brackish water to the wide Indian Ocean.

The ocean regime is to be developed in order to: (i) explore and assess living and non-living resources; (ii) harness and manage its resources (materials, energy and biomass) and create additional resources such as mariculture; (iii) cope with and protect its environment (weather, waves and coastal front); (iv) develop human resources (knowledge, skill and expertise), and (v) play our rightful role in marine science and technology in the international arena.

Contextual evidence

Marilyn Heiman, writing in the Christian Science Monitor, notes: "Only by taking additional steps to strengthen federal review and regulation of the operations, however, can the Obama administration show its commitment to responsible Arctic Ocean development" (Heiman, 2013). The same is true in other contexts.

Is regulation development?

The development of offshore aquaculture depends on the existence of new regulations. Kristen Johns makes this clear when she argues: "without a clear and comprehensive regulatory framework giving aquaculturists the incentives or legal assurances to operate in federal waters, developers are discouraged from taking their operations offshore"

The presence of resolved is a convention. We call the topic a resolution.

Resolved

Two major ideas here: either not associated with the armed forces, or not associated with the Armed Forces performing their martial role It seems straight forward – ‘non-military’ should mean that you can’t have the military explore or develop the oceans. This is significant,

because the military has a significant role in ocean exploration and there are some advocates for a military role in certain types of energy development (at least OTEC).

Also, the Coast Guard is part of the military – and excluding the Coast Guard means that popular affs like icebreakers couldn’t be run. The Coast Guard also plays a role in enforcing things like stopping overfishing, or search and rescue, which could be exploration.

However, actual definitional support for excluding the military is problematic. The affirmative will have two arguments: 1. the military can perform ‘non-military’ functions. There’s a strong body of evidence to support this. So, for example, having the Coast

Guard interdict drugs isn’t a military action, it’s a law enforcement action. And the military historically has been heavily involved in exploration.

2. the Coast Guard has a unique non-military role, even if it’s part of the Armed Forces. It gets most of its funding from civilian agencies (Department of Homeland Security), and really only has a military function during wartime – there’s evidence that says in peacetime, everything it does is non-military.

The negative will counter this by saying this interpretation effectively makes ‘non-military’ in the topic meaningless, and that it greatly unlimits the topic. A brief list of non-military missions the military might take –

–ocean mapping–anti-piracy–counter-terrorism–drug interdiction–disaster relief–refugee assistance (or interdiction)–providing security for Sea Lines of Communication–search and rescue–sanctions enforcement

Maybe it doesn’t unlimit that much because many of these are probably not development or exploration. But development is a broad enough term that it’s not too much of a stretch to say all of these are prerequisites to effective ocean use.

Having said that, if the affirmative is right, why does the word ‘non-military’ even exist in the topic at all?

The Oxford Dictionary defines "non-military" as "not belonging to. characteristic of or involving the armed forces; civilian" (Oxford University Press, 2014).

Mnemonic 13 Mnemonic Dictionary 2013 http://mnemonicdictionary.com/word/nonmilitary Nonmilitary nonmilitary - Dictionary definition and meaning for word nonmilitary Definition (adj) not associated with soldiers or the military

Non-Military

Dictionary.com res·o·lu·tion /ˌrɛzəˈluʃən/ Show Spelled [rez-uh-loo-shuhn] Show IPA noun 1. a formal expression of opinion or intention

made, usually after voting, by a formal organization, a legislature, a club, or other group. Compare concurrent resolution, joint resolution.

2. a decision or determination; a resolve: to make a firm resolution to do something. Her resolution to clear her parents' name allowed her no other focus in life.

3. the act determining upon an action or course of action, method, procedure, etc.; the act of resolving.

4. firmness of purpose; the mental state or quality of being resolved or resolute: She showed her resolution by not attending the meeting.

5. the act or process of separating into constituent or elementary parts or resolving.

Is resolved part of the topic itself?

Help.orghttp://www.examples-help.org.uk/punctuation/punctuation-marks.htm

.

The colon is a punctuation mark (:) which is used to direct attention to matter (such as a list, an explanation, a quotation, or amplification) that follows.

Colon means USFG is the AgentArmy Officer School 2004 (5-12, “# 12, Punctuation – The Colon and Semicolon”, http://usawocc.army.mil/IMI/wg12.htm) The colon introduces the following: a.  A list, but only after "as follows," "the

following," or a noun for which the list is an appositive: Each scout will carry the following: (colon) meals for three days, a survival knife, and his sleeping bag. The company had four new officers: (colon) Bill Smith, Frank Tucker, Peter Fillmore, and Oliver Lewis. b.  A long quotation (one or more paragraphs): In The Killer Angels Michael Shaara wrote: (colon) You may find it a different story from the one you learned in school. There have been many versions of that battle [Gettysburg] and that war [the Civil War]. (The quote continues for two more paragraphs.) c.  A formal quotation or question: The President declared: (colon) "The only thing we have to fear is fear itself." The question is: (colon) what can we do about it? d.  A second independent clause which explains the first: Potter's motive is clear: (colon) he wants the assignment. e.  After the introduction of a business letter: Dear Sirs: (colon) Dear Madam: (colon) f.  The details following an announcement For sale: (colon) large lakeside cabin with dock g.  A formal resolution, after the word "resolved:"Resolved: (colon) That this council petition the mayor.

Example of really overclaimed evidence

Negatives may argue Resolved requires a commitment to policy action

Words and Phrases 64 (Permanent Edition)

Definition of the word “resolve,” given by Webster is “to express an opinion or determination by resolution or vote;

as ‘it was resolved by the legislature;” It is of similar force to the word “enact,” which is defined by Bouvier as meaning “to establish by law”.

AHD 6 (American Heritage Dictionary, http://dictionary.reference.com/browse/resolved)

INTRANSITIVE VERB:1. To reach a decision or make a determination: resolve on a course of action. 2. To

become separated or reduced to constituents. 3. Music To undergo resolution.

Random House 6 (Unabridged Dictionary, http://dictionary.reference.com/browse/resolve)

re·solve Audio Help /rɪˈzɒlv/ Pronunciation Key - Show Spelled Pronunciation[ri-zolv] Pronunciation Key - Show

IPA Pronunciation verb, -solved, -solv·ing, noun –verb (used with object) 1. to come to a definite or earnest decision about; determine (to do something): I have resolved

that I shall live to the full.

The Agent of Action in resolution

The Government in Washington D.C.

The Free Dictionary.com federal government - United States - the

executive and legislative and judicial branches of the federal government of the United States

People as 4th branch of government

The USFG

“ought to” Should-Would “The speaker and not the subject of the sentence expects

the sentence predicate to be enacted” (Framework interpretation)

Bad argument (should is the past tense of shall)Freedictionary.comUsage Note: Like the rules governing the use of shall and

will on which they are based, the traditional rules governing the use of should and would are largely ignored in modern American practice. Either should or would can now be used in the first person to express conditional futurity: If I had known that, I would (or somewhat more formally, should) have answered differently.

Should

Why is the word substantially in the topic?

Is substantially different from substantial?JAMES L. WATSON, SENIOR JUDGE 2002 UNITED STATES COURT OF INTERNATIONAL TRADE

GENESCO INC., :Plaintiff, :v.Court No. 92-02-00084 UNITED STATES

http://www.cit.uscourts.gov/slip_op/Slip_op00/00-57.pdf.

The term “substantially” is used as an adverb preceding a verb, the term means “in a substantial manner: so as to be substantial.” Webster’s Third New International Dictionary of the English Language Unabridged

(1968).

Substantially

a) Substantially is an adverb modifying the verb increase. It is by its nature ambiguous

sub·stan·tial (Yourdictionary.com) of or having substance real; actual; true; not imaginary strong; solid; firm; stout considerable; ample; large of considerable worth or value; important

b) It is a relative termInState v. Rose the court held that “the term ‘substantially’ is

relative and must be considered within the context of the particular fact situation; in essence, it means less than totally or the whole, but more than imaginary” (Words and Phrases, Vol. 40, 1995, p. 458).

c) It should be given unique meaning and purpose in debateCJS 83 Corpus Juris Secundum, 1983 , 765. “Substantially. A relative and elastic term which should be

interpreted in accordance with the context in which it isused. While it must be employed with care and discrimination, it must, nevertheless, be given effect.” 48

Substantially can be defined based on a percentage. NOAA budget is a little under 5.5.billion in 2014.

Substantially is more than 5% ADVOCACY HANDBOOK 09 THE LEGISLATIVE PROCESS The Federal Budget Process FY 2010

Appropriations Timeline Glossary of Congressional Terms Tips on Lobbying

http://www.statehumanities.org/library/advocacyhbweb.pdf.   Prior to the 1976 law, the percentage of income or activities that an

organization could devote to lobbying was unclear. Based on decisions of courts, which were not necessarily

consistent with one another, an organization could spend no more than “an insubstantial amount” of its budget on

lobbying, with up to 5 percent being interpreted as “insubstantial.” Conversely, a substantial amount was “more than

5 percent.” Any organization engaging in a substantial amount of lobbying (devoting more than 5 percent of its budget to

lobbying activity) could be in danger of losing its tax deductible status under this admittedly vague guideline.

Substantially is not less than 90% Words and Phrases, 05 (v. 40B, p. 329) N.H. 1949. The word “substantially” as

used in provision of Unemployment Compensation Act that experience rating of an employer may be transferred to an employing unit which acquires the organization, trade, or business, or “substantially” all of the assets thereof, is an elastic term which does not include a definite, fixed amount of percentage, and the transfer does not have to be 100 per cent but cannot be less than 90 per cent in the ordinary situation. R.L. c 218, § 6, subd. F, as added by Laws 1945, c.138, § 16.

Look for contextual evidence on oceans EOS 14 EOS , Transactions American Geophysical UnionVolume

95, Issue 13, 1 APR 2014 The White House's proposed budget of $5,497 billion for the

National Oceanic and Atmospheric Administration (NOAA) for fiscal year (FY) 2015 would be good news for the agency overall if Congress goes along with the Obama administration's funding plan. The proposal would increase NOAA's discretion ary budget by $174.1 million, 3.27% above the FY 2014 enacted budget (see Table 1). The White House announced the overall federal budget on 4 March, and the NOAA budget ''blue book" with specific funding numbers was issued in mid-March.

Three of NOAA's line offices would receive substantial percentage increases in their pro posed total budgets. The National Environ mental Satellite, Data, and Information Service (NESDIS) would see its budget increase to $2.25 billion (up $164.8 million, 7.9%), funding for the Office of Oceanic and Atmospheric Research (OAR) would jump to $462.17 millio: (up $35.4 million, 8.3%), and the National Ocean Service (NOS) would receive $519.41 million (up $20.7 million, 4.2%).

Percentages are a bad way to define substantially

LEO 08 Kevin Leo** J.D. Candidate, Spring 2008,

Hastings College of the Law. Hastings Business Law Journal Spring, 2008 4

Hastings Bus. L.J. 297 LEXIS   In contrast, the court in Haswell v. United States

held that spending over sixteen percent of an organization's time on lobbying was substantial. n83 The court found that applying a strict percentage test to determine whether activities are substantial would be inappropriate, since  [*308]  such a test "obscures the complexity of balancing the organization's activities in relation to its objectives and circumstances in the context of the totality of the organization." n84

Substantially can be defined as without material conditions

Smith 84 Jim, Attorney General of florida 1984

http://myfloridalegal.com/ago.nsf/Opinions/9CF0AA7178DC692C8525657700610790

No definition or construction of the term "substantially" is contained within s 166.041(3)(c), F.S., as that term is used in the phrase "which substantially change permitted use categories." However, words in common use in a statute are to be construed in their plain and ordinary sense. See, State v. Tunnicliffe, 124 So. 279 (Fla.1929); Gasson v. Gay, 49 So.2d 567 (Fla.1950); Pedersen v. Green, 105 So.2d 1 (Fla.1958); State v. Egan, 287 So.2d 1, 4 (Fla.1973).

"Substantially" is defined as: "Essentially; without material qualification; in the main; in substance; materially; in a substantial manner." Black's Law Dictionary 1281 (5th ed. 1979). " 'Substantially' is variously defined as meaning in a substantial manner; in substance; in the main; essentially; solidly; actually; really; truly; competently." 83 C.J.S. Substantially p. 765. Further, the term has been construed as not meaning wholly or completely, but it may mean part. See, 83 C.J.S. supra. Nor does the statute define or limit or qualify the phrase "permitted use categories" in zoning districts or distinguish between absolute or conditional uses.

In the absence of any legislative direction, it would appear that the addition of any other permitted use within a particular district, whether conditioned upon the grant of a special exception or otherwise, would "substantially change" the permissible uses within a particular district. The addition of various uses permitted by special exception such as those contemplated in your question seem to "substantially change," i.e., materially or essentially change, the uses permitted in the affected zoning districts of Riviera Beach. Therefore, it would appear that the City of Riviera Beach must comply with the notice requirements of s 166.041(3)(c), F.S., as the proposed ordinances substantially change permitted use categories in zoning districts as contemplated therein.

Black's Law Dictionary 1428-29 (6th ed. 1990)"Substantially" means " without material qualification

To make greater in some manner THINKEXIST.COM http://thinkexist.com/dictionary/meaning/incr

ease/   INCREASE: (v. t.) To augment or make

greater in bulk, quantity, extent, value, or amount, etc.; to add to; to extend; to lengthen; to enhance; to aggravate; as, to increase one's possessions, influence.

Increase

Extending time for a program may be an increase

” (Words & Phrases, Vol. 20A, 2007, p. 76).“A durational modification of child support is as much an ‘increase’ as a monetary modification.

Must be a net increase Words and Phrases 8 (v. 20a, p.264-265) Cal.App.2 Dist. 1991. Term “increase,” as used in statute giving the

Energy Commission modification jurisdiction over any alteration, replacement, or improvement of equipment that

results in “increase” of 50 megawatts or more in electric generating capacity of existing thermal power plant,

refers to “net increase” in power plant’s total generating capacity; in deciding whether there has been the requisite 50-

megawatt increase as a result of new units being incorporated into a plant, Energy Commission cannot ignore

decreases in capacity caused by retirement or deactivation of other units at plant. West’s Ann.Cal.Pub.Res.Code §

25123.

Bad negative argument– increase requires prior existence so you can’t create a new program.

Words and Phrases '59 vol 20A p 381 “Increased,” as used in West’s Ann.Cal. Const. art 12,

§11, providing that the stock and bonded indebtedness of corporations shall not be increased without the consent of the person holding the larger amount of the stock, does not include or apply to the first creation of bonded indebtedness. To give it such a meaning would be to inject into the provision the word “create.” Union Loan & Trust Co. v. Southern California Motor Road Co., 51 F 840,850

 What is the easy answer to this argument?

Its is a Possessive Pronoun BlueBook of Grammar http://www.grammarbook.com/grammar/pronoun.asp. Possessive pronouns show ownership and never

need apostrophes. Possessive pronouns: mine, yours, his, hers, its, ours, theirs

Wickstrom http://www.spwickstrom.com/pronouns/. A possessive personal pronoun is used to indicate

that the pronoun defines who owns (ownership) a particular object or person.

Its

Its May be defined to require ownership— Your Dictionary.com its (its) pronoun that or those belonging to it: the possessive form of it, used without a

following noun Origin: Early ModE analogical formation < it + ʼs; written it's until early 19th

c.: the ME & OE form was his possessive pronominal adjective of, belonging to, made by, or done by it

English Grammar 5 (Glossary of English Grammar Terms, http://www.usingenglish.com/glossary/possessive-

pronoun.html)Mine, yours, his, hers, its, ours, theirs are the possessive pronouns used to substitute a noun and to show possession or ownership. EG. This is your disk and that's mine. (Mine substitutes the word disk and shows that it belongs to me.)

Affirmatives may want to include broader definitions meaning associated with

Collins 3 Collins English Dictionary – Complete and Unabridged © HarperCollins Publishers 1991, 1994, 1998, 2000, 2003

http://www.thefreedictionary.com/its its [ɪts] determiner a. of, belonging to, or associated in some way with it its left rear wheel b. (as pronoun) each town claims its is the best

Zozanga.com http://www.zozanga.com/grammar/pronounpossessive.htm. The possessive pronoun shows who the thing being referred to

belongs to or is associated with.

http://www.englishforums.com/English/PossessivePronoun/vlvn/post.htm. Possession doesn't always mean "ownership", of course. When it

comes to human relationships, possession just means "associated with" or "related to", but such relationships still count as possessive case.

Private Contractors can potentially be defined as government agents

AUSNESS ‘86 – Professor of Law, University of Kentucky (RICHARD, Fall, “Surrogate Immunity: The Government Contract Defense and Products Liability.”, 47 Ohio St. L.J. 985, Lexis Law, dheidt)

The United States Supreme Court affirmed the circuit court's ruling. The Court reasoned that the immunity that protected officers and agents of the federal government acting within the scope of their authority should be extended to private contractors who also acted on the government's behalf. n71 According to the Court: ". . . [I]t is clear that if this authority to carry out the project was validly conferred, that is, if what was done was within the constitutional power of Congress, there is no liability on the part of the contractor for executing its will." n72 The court also observed that the landowner could have sought compensation from the government for his injury in the court of claims. n73 Apparently, it thought that the plaintiff had attempted to circumvent the accepted statutory procedure by suing the contractor instead of the government. n74

NOAA Exploration programs are by definition cooperative and collaborative

NOAA 13 NOAA Ocean Exploration 2020 About Ocean Exploration 2020: A National Forum

Revised July 30, 2013 http://oceanexplorer.noaa.gov/oceanexploration2020/about.html

Title XII of Public Law 111-11 officially established the NOAA ocean exploration program in March 2009. This law requires NOAA to consult with the other federal agencies involved in ocean exploration, as well as external stakeholders, to establish a "coordinated national ocean exploration program" that promotes data management and sharing, public understanding, and technology development and transfer. The law also requires NOAA to organize an "ocean exploration forum to encourage partnerships and promote collaboration among experts and other stakeholders to enhance the scientific and technical expertise and relevance of the national program."

While partnerships have always been a defining characteristic of NOAA ocean exploration program activities, Ocean Exploration 2020 is the first "ocean exploration forum" and it is the first time NOAA has convened its partners and other stakeholders in ocean exploration from the academic community, private sector, and not-for-profit organizations to focus on a national strategy for ocean exploration.

The Random House Dictionary of the English Language, Unabridged, says that “and/or” is “used to imply that either or both of the things mentioned may be affected or involved” (Flexner, 1987, p. 77). Collins Dictionary and Thesaurus defines “and/or” as “either one or the other or both” (Crozier, 2005, p. 27).

AFL-CIO v. Commonwealth of Massachusetts said that the words “and/or” “commonly mean one or the other or both” (Words & Phrases, Vol. 3A, 2007, p. 220). The Delaware Superior Court in State v. Gerry Oil Co. Inc. said of “and/or” that the “common interpretation of the term is that it means either or both.” The Georgia Appeals Court in Kuttner v. Swansen ruled that “the expression ‘and/or’ means either ‘and’ or ‘or’ and, when used in a pleading, does not mean both” (Words & Phrases, Vol. 3A, 2007,p. 221).

And/or

Judge Pechman in Commonwealth Ins. Co v. Maryland Casualty Co.

“And/or means both “and” and “or” and shall always be read to require the more inclusive answer”

stupid argument is and/or means both

Of indicates object of action Merriam-Webster 14 2014 Merriam-Webster,

Incorporated http://www.merriam-webster.com/dictionary/of 9a —used as a function word to indicate the

object of an action denoted or implied by the preceding noun <love of nature>

b —used as a function word to indicate the application of a verb <cheats him of a dollar> or of an adjective <fond of candy>

of

Random House 14 Dictionary.com Unabridged; Based on the Random House Dictionary, © Random House, Inc. 2014. http://dictionary.reference.com/browse/ocean

o·cean [oh-shuhn] Show IPA noun 1. the vast body of salt water that covers

almost three fourths of the earth's surface. 2. any of the geographical divisions of this

body, commonly given as the Atlantic, Pacific, Indian, Arctic, and Antarctic oceans.

3. a vast expanse or quantity: an ocean of grass.

The Earth’s oceans

Knight 13 J.D. Knight, Sea and Sky 2013 The Sea Creatures of the Deep Sea"

http://www.seasky.org/deep-sea/ocean-layers.html Layers of the Ocean Scientists have divided the ocean into five main

layers. These layers, known as "zones", extend from the surface to the most extreme depths where light can no longer penetrate. These deep zones are where some of the most bizarre and fascinating creatures in the sea can be found. As we dive deeper into these largely unexplored places, the temperature drops and the pressure increases at an astounding rate. The following diagram lists each of these zones in order of depth.

Ocean extends from surface to bottom

Science Dictionary 2 The American Heritage® Science Dictionary Copyright © 2002. Published by Houghton Mifflin. http://dictionary.reference.com/browse/ocean

ocean (ō'shən) Pronunciation Key The continuous body of salt water that covers 72 percent of the

Earth's surface. The average salinity of ocean water is approximately three percent. The deepest known area of the ocean, at 11,034 m (36,192 ft) is the Mariana Trench , located in the western Pacific Ocean.

Any of the principal divisions of this body of water, including the Atlantic, Pacific, Indian, and Arctic Oceans.

Our Living Language : The word ocean refers to one of the Earth's four distinct, large areas of salt water, the Pacific, Atlantic, Indian, and Arctic Oceans. The word can also mean the entire network of water that covers almost three quarters of our planet. It comes from the Greek Okeanos, a river believed to circle the globe. The word sea can also mean the vast ocean covering most of the world. But it more commonly refers to large landlocked or almost landlocked salty waters smaller than the great oceans, such as the Mediterranean Sea or the Bering Sea. Sailors have long referred to all the world's waters as the seven seas. Although the origin of this phrase is not known for certain, many people believe it referred to the Red Sea, the Mediterranean Sea, the Persian Gulf, the Black Sea, the Adriatic Sea, the Caspian Sea, and the Indian Ocean, which were the waters of primary interest to Europeans before Columbus.

Oceans are Distinct from Seas

Merriam-Webster 14 Merriam-Webster Learner's Dictionary2014 http://www.learnersdictionary.com/definition/ocean ocean Listen to audio/ˈoʊʃən/ noun plural oceans 1 [noncount] : the salt water that covers much of the Earth's

surface ▪ We've sailed across hundreds of miles of ocean. — often used with the ▪

They lived near the ocean. [=the sea] ▪ He had never seen the ocean before. ▪ There's a storm moving in from the ocean. ▪ The ship quickly sank to the bottom of the ocean. ▪ the deepest parts of the ocean — often used before another noun ▪ the ocean floor/bottom/surface ▪ the salty ocean air ▪ ocean fish ▪ an ocean voyage/liner — see color picture

2 or Ocean [count] : one of the five large areas of salt water that cover much of the Earth's surface

▪ the Atlantic Ocean ▪ the Pacific and Indian oceans ▪ the Arctic/Antarctic Ocean

3 [count] informal : a very large number or amount of something ▪ an ocean of sadness — often plural ▪ oceans of time [=lots of

time]

Mass Noun vs Count nouns

Fletcher & Sussman 13 Sea Level Rise in the U.S. Affiliated Pacific Islands (USAPI) Chip Fletcher (UH) and Art Sussman (WestEd) for PCEP   Even though the ocean has different names in different parts of our

planet, the ocean is really one huge body of water that covers most (71%) of Earth's surface area. The Pacific Ocean is the largest part of the ocean that has its own name. In addition to the Pacific Ocean there are four others: the Atlantic Ocean, the Indian Ocean, the Southern Ocean, and the Arctic Ocean (see Figure I). The ocean in different places does have characteristics that are related to the different locations. For example, ocean water near the equator is much warmer than ocean water near the North Pole.

Figure 1 Earth has five oceans: Southern, Arctic, Indian, Pacific, and Atlantic There are also a number of small water bodies called "seas" These are all connected which is why we say that Earth has one ocean.

There is only one ocean

Is not limited to the water itself NOAA 9 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration (NOAA) [Docket No. 0908101223-91223-01; I.D. GF001] Applications for the FY 2010 Ocean Exploration

(OE) Program [Federal Register Volume 74, Number 165 (Thursday, August 27, 2009) http://www.gpo.gov/fdsys/pkg/FR-2009-08-27/html/E9-20740.htm SUPPLEMENTARY INFORMATION: Ocean exploration was defined by the 2000 President's

Panel on Ocean Exploration, as ``discovery through disciplined diverse observations and the recording of the finding.'' NOAA's Office of Ocean Exploration and Research seeks to catalyze ocean discovery and understanding at our ocean and Great [[Page 43672]] Lakes frontiers through bold and innovative explorations. These explorations should revolutionize our knowledge baselines by exploring, characterizing and mapping, at new and/or higher scales, the oceans living and nonliving resources and its physical, chemical and biological characteristics. Data and observations resulting from OE expeditions will result in new discoveries, new insight, new knowledge and new frontiers and will likely lead to the revision of existing paradigms or the formulation of new paradigms in the oceans poorly known and unknown regions. The purpose of this announcement is to invite the submission of pre-proposals and full proposals that address ocean exploration and advanced technology development. Through discovery and the systematic exploration of unknown ocean areas and phenomena, OER serves to ensure NOAA can meet its goal to, ``Protect, Restore, and Manage the Use of Coastal and Ocean Resources Through an Ecosystem Approach to Management'' (New Priorities for the 21st Century, NOAA's Strategic Vision). The results of OER activities are cornerstones upon which ecosystems will be discovered, defined and understood thus enabling them to be protected, restored, and managed. The interdisciplinary and multidisciplinary nature of OER activities also serves NOAA's current strategic plan (New Priorities for the 21st Century--NOAA's Strategic Plan) goal to ``Understand Climate Variability and Change to Enhance Society's Ability to Plan and Respond.'' The discovery and characterization of new ocean phenomena and dynamic processes provide essential information for understanding ocean--atmosphere connections and their influence on climate. The discovery of new habitats and species also provides essential information for understanding the effects of a changing climate on the marine resources upon which we depend.

Federal ocean policy is the sum total of all actions related to exploration, development, and protection of the oceans.

The overall goal of ocean policy is sustainable development of the ocean – it’s primarily about reconciling the conflict between economic and environmental goals.

The core assumption is that resource exploitation of the ocean is in the US national interest, but that it has to be paired with conservation or we’ll run out of resources.

US oceans policy is highly fragmented – 27 federal agencies or departments have a role and there are over 140 laws governing ocean use (mainly development).1. Oceans and maritime boundaries

The federal government can’t just increase development anywhere in the world – it’s limited by jurisdictional conflicts.

Local governments control the shoreline, state govenments control land to 3 miles offshore, and the federal government controls between 3 and 200 miles. No nation can control the parts of the ocean beyond 200 miles of their territory.

1. State tidelands and submerged lands – land to 3 miles offshore – owned by states; established by the Submerged Lands Act of 1953

2. Territorial sea – shoreline to 12 miles offshore. The federal government asserts sovereign rights over this, but actual jurisdiction is murky – it’s never been tested in courts. It used to be just 3 miles, but Reagan in 1988 by executive order extended it to 12 miles. Reagan did this because it was recognized in the 1982 UN Law of the Sea, which the US isn’t a party to, but recognizes boundary components of it.

The importance of the territorial sea is that it prohibits other ships – especially military ships – from entering without permission, as it is considered territory.

3. Contiguous zone – 12 to 24 miles offshore – a nation can exercise control over customs, immigration and sanitation. The US formally established a contiguous zone in 1999.

4. Exclusive economic zone – shoreline to 200 miles off the coast. It gives a nation preeminent economic rights to develop within that zone. This is the most important part of the development section of the topic.

When it was formally recognizedIts formal authority was established by the UN Law of the Sea in 1982.

President Reagan rejected the treaty itself but agreed with the EEZ part – so he declared it by executive order in 1983. The only place where the USFG has the definite legal authority to act for development.

Background on Federal Ocean Policy

What does it cover It’s from the shoreline to 200 miles off of the coast, but in practice it is a little more

complicated. The purpose of the EEZ – why they agreed on the 200 mile limit, is that this is the average size

of the Continental Shelf. The Continental Shelf is the stretch of seabed from the coast to the continental margin (it

separates the continent from the ocean floor)– after which there is a drop off to the abyssal plain – which extends between 3000 and 6000 meters in depth.

The reason they chose the Continental Shelf is because that’s where almost all of the economic value of the ocean resides. The vast majority of all ocean resources exist on the continental shelf. Tons of life exists in the continental shelf – because sunlight still penetrates it; in contrast, in the abyssalpPlain, it’s believed that there is very little life – except on the ocean floor itself, where there are geothermal vents.

Most oil, mineral and gas deposits are also on the Continental Shelf. It isn’t uniformly 200 miles off the coast for every country – there are a few island countries that

don’t really have much of a continental shelf at all – so it’s partly a political designation. But 200 miles is probably accurate for many countries.

However, some Continental Shelves could be longer than 200 miles – and if that’s the case, a country has to petition to the UN to get their EEZ extended. This is most relevant for the Arctic Ocean.

It is not that simple, because it can be based upon the shoreline to 200 miles, OR if the Continental Shelf extends beyond 200 miles, then the EEZ can be as far as that. The second claim would require UN approval, but it would potentially extend a country’s EEZ beyond 200 miles.

What does the EEZ do? EEZ authority specifically provides:

–sovereign rights to exploit, conserve or manage all resources within the zone, down to the seabed–jurisdiction to build artificial islands or structures

It doesn’t prohibit other ships from passing through, it just prohibits other actors from developing it.

Although that is in dispute – China recently has been treating its EEZ like its territorial sea and complaining that the US is violating its territory when ships go into the Chinese EEZ – in particular US exploration ships that map the ocean, because China thinks they have a military purpose.

The EEZ is the only place where the US federal government has the authority to develop the oceans.

It extends over all US territories and possessions – making the US EEZ the largest in the world – the US controls 13% of all ocean area overseen by nations globally.

For example, Obama last week announced the creation of a new Marine Protected Area that shuts off large parts of the Pacific to development – 782,000 square miles – doubles the size of all MPAs. But all of it is within 200 miles of 7 islands and atolls controlled by the US.

Every country in the world has an EEZ – about one third of the world’s oceans are covered by EEZs. but there are disputes when boundaries overlap. China’s actions in the South and East China Seas are primarily disputes related to the EEZ.

5. Outside of the EEZ – Everything outside an EEZ is considered the common heritage of all nations and subject to the UN. Generally there isn’t much need for development outside of EEZs – it’s not practical to do it – it was estimated at the time the EEZ regime was adopted that 90% of global fish stocks were within EEZs, and 87% of oil and gas deposits were as well.

There are over 140 major laws related to ocean policy (mainly ocean development). A few standouts are worth noting:

1. The Coastal Zone Management Act of 1972 – (specified in the plan text of the offshore wind aff you have) it authorized states to create coastal zone management plans that were subject to federal approval – and assistance. The primary goal was to preserve ocean resources and coastlines.

One important aspect of this law is that it gives states limited veto power over federal development actions if those actions are deemed to be inconsistent with state coastal zone management plans

–in practice this has meant some states block some types of offshore oil development because of environmental concerns

–the Supreme Court limited its application in the 1980s by saying only federal activities within the coastal zone could be blocked by states and that activities outside of the zone but that could indirectly effect it could not be blocked – but Congress amended the CZMA in 1990 to make it clear that the states could actually block federal actions, “both within and outside the coastal zone”

Implication; there is actually some ok ev for state action even in the context of oil drilling 2. National Environmental Policy Act of 1970 – it’s a federal law that requires, prior to any development, an

environmental impact assessment to be carried out in advance and approved by the federal government. It doesn’t just govern oceans – it governs all environmental policy, but it’s very relevant to oceans resource development.

3. Magnuson-Stevens Fishery Conservation and Management Act (1976) – established a 200 mile fishery zone and created regional councils (groups of states / territories) to manage fisheries. The federal government overseas and manages 46 fisheries in the US and 526 stocks of fish through these councils.

This was amended in 2006 in response to widespread depletion and mismanagement of the fisheries. 2006 reauthorization of the Magnuson-Stevens Fishery Conservation and Management Act effectively required the NOAA to end overfishing in America by setting science based catch limits to all fishing. It is somewhat successful – it’s rebuilt 32 stocks, but 41 stocks are still critically overfished.

4. Outer Continental Shelf Lands Act Amendments (OCSLAA) – created the regulatory system for managing offshore oil and gas activities. It authorized the Secretary of the Interior to lease offshore lands for exploration or development outside of the 3 mile limit (the “outer” continental shelf)

Major Laws

First – the President has the authority to take a lot of actions via executive order – not every plan will require Congress. Most authority has been delegated to the executive to act by prior laws. For example, Obama just passed an executive order to double the size of MPAs – and the GOP called it an executive power grab, but his authority to do so was explicitly created in the 1906 Antiquities Act.

Second – most ocean policy is governed by about 27 federal agencies or departments. Here are some of the most important.

1. The National Oceanic and Atmospheric Administration – NOAA (“Noah”) – it’s an agency located within the Department of Commerce. It’s the most important agency on the topic. Its functions –

–it has a National Ocean Service which is primarily charged with marine protection of the coasts –the National Marine Fisheries Service – it’s in charge of enforcing the Magnuson-Stevenson FCMA. It studies

fish stocks and issues regulations about how many and what kind of fish can be caught based upon the available science. It also has a law enforcement function and coordinates with the Coast Guard to enforce fishing restrictions.

–it has an Office of Exploration and Research, which is primarily in charge of most federal ocean exploration. This office is in charge of the ship Okeanos Explorer, which is a ship that goes around the world mapping the ocean, but is currently being repaired. At the end of July, you can apparently watch its missions live streamed.

–it also is partly in charge of enforcing the Marine Mammal Protection Act It also has a tech development section where it does R&D on new sensors. –it runs the National Weather Service –it also has a uniformed service of officers similar to the military, called the NOAA Officer Corps, but it’s not

part of the military. They’re all basically scientists, but they sometimes work for the DOD or are transferred there.

2. The Department of the Interior – the Bureau of Ocean Energy Management, Regulation and Enforcement is in charge of leases for oil and gas exploration, and for offshore wind leases for anything that falls outside of state jurisdiction.

–it is one of the top 5 revenue sources for the USFG, based on the money it makes from leasing energy and mineral exploration and development

–after Deepwater Horizon, the Bureau was split into several subdivisions, and now has a big safety and regulation unit

Who Is In Charge?

3. The US Coast Guard – it’s formally a member of the military, but it’s run by the Department of Homeland Security.

–primarily about law enforcement–does some ocean mapping–icebreaking–enforcement of fishery restrictions–oil spill response

The fact there are so many agencies in charge creates jurisdictional splits within government. Ocean policy is broken into sectors determined by resource type –

so, for example, there’s a set of laws and agencies that govern fisheries (the NOAA), –and a separate set of laws and agencies that govern minerals development (the

Department of the Interior), –and a separate set of laws and agencies that govern marine mammal protection

(the EPA) Frequently, these goals conflict. Many times these agencies are at cross-purposes –

for example, the goals of economic growth and environmental protection are in conflict. For example, oil and gas drilling potentially conflicts with the Marine Mammals Protection Act because of pollution (think BP oil spill), or the MMPA also conflicts with the Fisheries Conservation and Management Act, because marine mammals eat fish and decrease fish stocks.

Obama created the first National Ocean Policy – he passed an executive order in July 2010 that established a National Ocean Council – a task force designed to harmonize jurisdictional conflicts and coordinate actions between agencies. It exists now and a Final Implementation Plan was finished in February 2013.

The major goals of the NOP are to facilitate greater regional ecosystem protection, and regional ocean management plans. It seeks to get states to participate in the development of regional plans with other states, in coordination with the federal government.

There is evidence that suggests it won’t be effective without greater funding, or without greater investment in research.

Recent Changes

1. Increase federal infrastructure for exploration

2013 Ocean Exploration 2020 Title XII of Public Law 111-11 officially

established the National Oceanic and Atmospheric Administration ocean exploration program in March 2009. This law requires NOAA to organize an "ocean exploration forum to encourage partnerships and promote collaboration among experts and other stakeholders to enhance the scientific and technical expertise and relevance of the national program."

Affirmative approaches to the topic

Increased Infrastructure for exploration– Critical Infrastructure for Ocean Research and Societal

Needs in 2030, Committee on an Ocean Infrastructure Strategy for U.S. Ocean Research in 2030

2004 Report “An Ocean Blueprint for the 21st Century” (Competitiveness as advantage to U.S.)

Smaller specific Versions Ice Breakers for Coast Guard National Endowment for the Oceans Coastal restoration expansion

1. Infrastructure

a) Off Shore Wind Extend federal tax credits for wind development Have the federal government do off shore wind

development b) OTEC (Ocean Thermal Energy Conversion) c) Wave power development d) Off shore oil and gas exploration and

development e) Methane hydrates f) Arctic exploration and development g) last year’s Cuban oil investment aff

2. Energy affirmatives

Expand or share various desalination technologies to solve water shortages

3. Desalination affirmatives

Expand U.S. ports to facilitate transportation

4. Transportation affirmatives

Fertilize oceans to solve global warming

5. Iron Fertilization

Expand Marine protected areas Protect Coral Reefs (Coral Reef Conservation

Act of 2013) Increase protection for individual species—

whales/sea turtles/bluefin tuna etc. Shift to ecosystem based protection Restrict ocean dumping Strengthen/Reduce ballast water discharge

standards

6. Environmental protection affs

Expand/regulate/ban aquaculture development

Expand enforcement to stop overfishing

7. Fishy affirmatives

Law of the Sea Treaty– U.S. failure to ratify is major barrier to success of treaty

8. Ratify LOST

Joint exploration and/or development projects with Russia/China/EU etc.

9. Increase international ccoperation

Expand search for airline MH 370

10. Search for specific things in Oceans

–biodiscovery. Basically the search for new ocean life. It’s estimated that the diversity of organisms just in the ocean sediment is richer than the Earth’s rainforests. The benefits of biodiscovery are that it’s used for disease research, like new antibiotics

–underwater mapping – mapping the physical characteristics of the ocean sea floor. We primarily use multi-beam sonar to do this – a surface ship beams sonar at various angles on the sea floor. We also use satellites

–marine archaeology – basically the study of under water shipwrecks

–study of oceans and climate change – ie studying rates of ocean acidification or carbon absorbtion, or mapping where algae blooms are or phytoplankton concentrations

Other potential areas

OTEC Arctic OCS NG/Oil Bufort Sea Joint Development Climate Mapping Oceanic Carbon Capture and Sequestration Offshore Renewables (non-wind/solar) Offshore Wind Omega Project/Algea Biodiesel Desalination LNG Terminals

Camp Affs