THE POLITICAL GEOGRAPHY OF THE MARINE ENVIRONMENT

Robert W. Smith

Mr. Smith is a Geography Ph.D. Candidate at the Uni· versity of North Carolina, Chapel Hill. In addit ion, he now works in the Office of The Geographer, United States Department of State on Maritime Affa irs .

The paucity of research .articles by geographers on the political and plan­ning aspects of the marine environ­ment is evident from review of the geographical literature. It is un­doubtedly true that there are some geographers who are involved at all levels of policy making in this region, but the fruits of their efforts have not been made available to a professional audience - fifteen articles in three major U.S. geographical journals in the past 16 years is not very com­mendable.

Since 1958 (the year of the first Geneva Law of the Sea Conference), only five articles have appeared in the Annals which relate to policy making in the marine region . Three of the arti­cles focussed on the international law of sea issues1 ,2,3 , while land use on the coastal region of the Great Lakes was the topic of one article .4 Minghi mentioned offshore boundaries only in the context of an overall discussion on types of political boundaries .5

During this same period, only seven articles appeared in the Professional Geographer which focused on marine oriented issues. An attempt was made by Falick 6 and Padgett 7 to call atten­tion to the varied research possibili­ties of the marine region which had been neglected by the profession . Haynes 8 and White 9 touched upon subjects which will be of increasing importance to U.S. policymakers: the Alaskan north slope oil and environ-

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mental impact statements. In one PG article, Eyre focused on an interna­tional maritime boundary dispute 10,

while DeVorsey illustrated how an historical geographer could apply his skills to aid the courts in settling a state-federal maritime jurisdictional problem .ll In a more recent issue of the PG, Craig discussed the Latin American attitude toward the law of the sea.12

In this 16-year period, three marine­related articles appeared in the Geog­raphical Review. They concentrated on regional uses of the seas : the North Sea and its fuel resource poten­tial 13, Soviet fishing in the Barent Sea and the Atlantic 14, and the sea fish­eries of southern U.S.15 An offshore geography study by Alexander pub­lished as a part of the AAG Mono­graph Series in 196316 did not stim­ulate geographers' interest in the marine area . The intent of this paper is to point out some issues involved in the internation law of the sea and in the U.S. coastal zone which lend themselves to innovative contribu­tions by the geographer. The term marine environment , in the context of U.S. studies, refers to the offshore waters of the Atlantic, Pacific, Gulf Coast, and the Great Lake and to the coastal lands which are being sub­jected to federal and state legislation .

Law of the Sea Issues

Except for the work done by the geographers already cited, very little has been done by geographers on law of the sea issues. Hodgson , of the U.S. State Department, has made im­portant contributions in the field of marine geography, especially his maritime boundary study series.17•18

Glassner 19 and Sm ith 20 have written on two controversial law of the sea issues : access to the sea for develop­ing landlocked states and the impact

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of international straits on petroleum transit.

With the third session of the Third United Nations Conference on the Law of the Sea approaching in spring, 1975 in Geneva , the issues to which geographers can apply their research skills are both timely and numerous. In addition to controversies over 1) passage through international straits and 2) rights of landlocked countries to marine resources, other critical questions to be debated at the con­ference are 3) limits of territorial sea, 4) management of fisheries, 5) extension of national jurisdiction over living and nonliving resources within an economic zone of 200 miles, and 6) the establishment of an Interna­tional Authority for the mining of seabed minerals in the area beyond limits of national jurisdiction.

In his article seven years ago, Alex­ander suggested a possible starting point for geographic analysis of any law of the sea issue : "The geograph­er's approach to the study of the law of the sea may properly commence with an analysis of how individual countries are oriented toward the sea : what uses they make of the marine environment, what the prevailing at­titudes of their people are toward the sea, and what commitments they have in terms of investment in the sea and economic dependence upon it. On the basis of orientation the geog­rapher can then turn to a study of the pol itical and legal controls exercised by the country over the sea." 21

A country's use of the sea would depend on many things, such as marine resource availability and ac­cessibility, which, in turn, would de­pend on such factors as length and nature of the coastline and ocean floor and on the level of science and technology within a country. A state's perceived need of marine resources would affect its maritime policy and

the types of international controls it would advocate. Although many of the developing countries presently do not have the technology to exploit the resources within their marine jurisdiction, they are becoming very opposed to anyone else getting the large profits from these resources .

The major types of controls in the oceans involve the six questions listed above. Of particular concern to the geographer are 1) the distribution of these controls - where are these jurisdictional zones and how do they relate to each other? 2) the impact of these control zones on all types of ac­tivities occurring in that area - what impact would a 200-mile territorial sea have upon international ocean­borne transit? and 3) what types of zones would best meet the goals and needs of the international com­munity?

Although the goals and needs re­quire clarification, it seems that the overall goals of an international agreement on the law of the sea are to maintain world order in the marine region , to maximize the efficient and wise use of marine resources and marine space, and to distribute these resources to all countries based on in­ternational agreement. A major con­flict facing the Law of the Sea Con­ference is " between a minority of nations who hold out for the basic 'freedom of the seas' and for limited and fragmented international and na­tional regimes, on the one hand, and, on the other, a majority of nations, who have stepped forward in favor of a strong and rational regime for the oceans, the management of which would be shared by coastal nations, regional organizations, and the Inter­national Authority.22

A large research area is analysis of how the marine resources (fish, the minerals of the seabed and subsoil ,

and marine space) would be distrib­uted among the world community under different proposed regulatory schemes . This type of an analysis would first require a knowledge of the location of the resources and their accessibility to the controlling coun­tries . The physical geography of the ocean floor, such as the location and extent of the continental shelf, may result in a nonequitable distribution of some marine minerals . Some pro­posals have considered this and have offered formulas involving depth and/ or distance limits to a country's jurisdiction over its offshore re­sources. In congested areas, such as in international straits, there exists a conflict over the use of marine space for such local fishing, local and in­ternational transit, and mineral ex­ploration and exploitation .

The world marine environment does not possess uniform character­istics and this is perhaps the major problem facing the international treaty-makers . Among the many proposed regulatory schemes are those which advocate regional or­ganizations. It would be a challenge to devise a comprehensive and work­able classification of the world marine regions . Such elements as the geology of the ocean floor, ocean currents, existi ng trade routes, loca­tion and migration of different fish species , mineral resource potential , and coastlines, to name only a few, would be variables included in the formation of the regional identity. To analyze a wide number of elements such as the ones listed above and to regionalize the marine environment is not an easy task . As Berry points out, " the understanding of regional char­acter presumes an analysis of spatial associations, simplified because it is undertaken for a relatively small number of places, but complicated because it must be defined for many

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variables ."23 This is the type of in­formation and analysis, however, which would be useful to the inter­national decision-makers and which the geographer could provide. The same techniques used at the interna­tional level could apply to regional­izing the U.s. marine environment and provide a basis for a regional ap­proach to coastal zone management.

Coastal Zone Issues

It is only in recent years that U.S. decision-makers have perceived a need to enact legislation to control certain activities in the coastal zone. Massachusetts, in 1965, was the first state to institute a statewide wetlands protection program which was de­signed to regulate dredging, filling, or other alternatives of the coastal wet­lands.24 Since 1965, other coastal states have passed bills regulating, to various extents, activities in their coastal region .

Prior to the late 1960's, there ap­pears to have been a general un­awareness of the importance of coastal areas and of the damage done to them . This lack of knowledge about the vital role of the coastal zone in man's activities prompted many studies at both the federal and state level. I t was reported that between 1922 and 1954 approximately two million acres of coastal marsh and estuarine habitat were lost, ac­counting for 25 percent of all such areas in the United States .25 Since 1954, there undoubtedly has been more destruction in the coastal region resulting from activities such as dredging, filling, and waste disposal.

In its Tidal Wetlands Act of 1973, New York legislators gave a succinct listing of many values of the coastal zone, stating, in part :

"Among the many and multiple values of such wetlands are the following :

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"(a) marine food production -tidal wetlands are an essential area of re­tention, conversion, and availability of nutrients for crustacean and shell­fish; they are the nursery ground and sanctuary for many fin fish ; they sus­tain microscopic marine organism and vegetation which are essential to other food chains .. .

"(b) wildlife habitat- ... "( c) flood and storm control- tidal

wetlands are valuable and provide es­sential and irreplaceable protection in both flood and storm or hurricane weather conditions .. .

"(d) recreation - .. . "(e) treating pollution-tidal wet­

lands serve as an invaluable and ir­replaceable biological and chemical oxidation basin in which organic run-off and organic pollution are oxidized, metabolized and converted into useful nutrients ...

"(f) sedimentation -tidal wetlands are an essential settling and filtering basin , absorbing silt and organic matter which otherwise would ob­struct channels and harbors to the detriment of navigation .

"(g) education and research - ... "(h) open space and aesthetic ap­

preciation-tidal wetlands comprise a large part of the remaining natural and unspoiled areas along the crowded coastal reaches of the state ... " 26

Much of the state legislative ac­tions have resulted from the passing of the 1972 federal Coastal Zone Management Act. 27 In this Act, monies are allotted to states which follow certain standards in establish­ing a state coastal zone management program . Section 305(b)(1) of the federal act requires the state manage­ment program to include "an identifi­cation of the boundaries of the coastal zone subject to the manage­ment program ." While it is recognized that the coastal region includes an

area where the land and sea environ­ments merge, there is no general agreement on its exact boundaries . Depending on the type of legislation, several terms have been given to parts of the coastal region ; those most fre­quently used in state statutes are tide­lands, tidal wetlands, estuarine areas, and tidal marshland . Tidelands are the lands lying between the mean high tide and mean low tide lines. The tidal wetlands generally mean "any bank, marsh, swamp, meadow, flat, or low land subject to tidal ac­tion or coastal storm flowage."28 Es­tuarine areas have been defined as in­cluding "all tidally influenced waters, marshes, and marshlands lying within a tide elevation range from 5 and 6/ 10 feet above mean high tide level and below."29 Tidal marshlands are defined by North Carolina as "any salt marsh or other marsh subject to reg­ular or occasional flooding by tides, including wind tides (whether or not the tide waters reach the marshland areas through natural or artificial watercourse), provided this shall not include hurricane or those areas upon which grow some, but not necessarily all , of the following salt marsh plant species" -[list of species],3°

Review of the coastal states' statutes reveals a great variation in the boundary delimitation of the coastal zone. Generally, the seaward definition of the states' coastal zones are identical . The Submerged Lands Act of 1953 granted to coastal states " title and ownership of the lands be­neath navigable waters within the boundaries of the respective states," which was confirmed as a line three geographical miles distant from the respective states' coastline .31 Due to historical considerations, Texas and Florida have their seaward boundaries placed at three marine leagues (nine miles) . With the probable extention of U.S. limits on the seafloor resulting

from the upcoming international law of the sea conference, it will be interesting to see if the states attempt to extend their jurisdiction as well.

The variation among the states coastal definition occur in the land­ward boundary . In states which define 'coastal marshlands' (Georgia) , 'coast­al wetlands ' (Maine, Mass., N.J., N.C., R.I., and Wash .) or 'tidal wetlands' (N .Y.), the definitions are fairly sim­ilar. Most of them are based on physical phenomena (such as those areas affected by tidal action) and on the type of vegetation which grows or is capable of growing in the region .

California and Louisiana have pre­sented unique standards to the land­ward coastal zone delimitation scheme. California's criteria for the landward extent of its coastal zone is based on 1) topography - " h ighest elevation of the nearest coastal mountain range," and 2) distance in three of its counties-"five miles from the mean high tide line."32 Louisiana, which has perhaps the most con­ceptually far reaching management act in the country defines the land­ward portion of the coastal zone as extending inland to the landware ex­tent of marine influence. "The term ' landward extent of marine influence' means the area extending landward from the high water mark which in contemplation of human activities and natural ecology may be con­sidered to come under the influence of the adjacent sea." 33

This definition of the landward boundary partially based on the mari­time influence on human activities does not appear in other state statutes, yet it must be considered if the ultimate goal is to manage man's activities in this region . A major problem is to spatially measure this "landward extent of marine influ­ence. " There are probably advantages and disadvantages to each criteria.

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California, for example, has a mountain range which is proximate to the coast and conveniently runs parallel to it. Where the mountains are farther from the coast (in the three counties of Southern Cali­fornia), the legislators have put in a distance criterion . A question a geographer should raise is why five miles? Ease of recognition has prompted some states to use existing political boundaries, such as the use of coastal counties in North Carolina, as the basis for delimiting the coastal zone.

In their report on proposed coastal zone management systems, the Na­tional Commission on Marine Sci­ence, Engineering, and Resources recommended that each coastal state " be authorized to define the landward extent of its coastal zone for itself."34 Given the fact that each state has unique geographical features and its own management problems, it would be detrimental to the planning and managing of this region to set down in specific terms the area to be called the 'coastal zone' . What is needed is not a set definition of 'coastal zone' but a model which includes criteria by which each coastal state could establish its own delimitation of this region . The criteria in the model would include physical, economical , political, social, and legal considera­tions. The landward boundaries should have as its underlying criterion the idea of the influence of the sea and the marine environment upon man's activities .

A major pol itical consideration af­fecting the boundary delimitation is the question of who has the authority over the management of the coastal region. Most of the laws which governed the management and use of the coastal region have been ineffec­tive and inadequate. One lawyer summed up the situation : " Authority

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over the coastal zone environment is presently divided among many differ­ent agencies of the federal, state, and local governments. Typically, agents and units of government exercise authority that is limited both geog­raphically and substantively. The natural consequence of this frag­mented pattern of control is a lack of coordination in government decision­making and ignorance of the signifi­cance and complexity of coastal zone problems ."35

Although some states have nom­inally organized regions for planning purposes, regulatory authority has re­mained with the state, which , in many cases, has allowed local govern­ments to regulate their own develop­ment. With local control over de­velopment in the coastal zone, a comprehensive planning perspective for the entire coastal region is impos­si ble . It is felt that a coastal regional authority governing the entire coastal zone in a state (or possibly an inter­state coastal authority) would be the most effective means to manage wise utilization and growth of this fragile environment.

The potential contributions of the geographer in the fie ld of coastal zone management are many and varied . The whole realm of boundary delimitation needs new approaches and methods . In considering the coastal zone boundaries, one must consider population growth and ur­banization, land and water use, recreation needs, transportation net­works, and the possibility of a super­port or an oil refinery locating off­shore. The coastal lands and waters have been recognized as a valuable resource in need of orderly, balanced utilization, and preservation which can no longer afford to be regulated in piecemeal fashion . The coastal zone must be delimited and managed in a more comprehensive and rational

way; it must be viewed as a region with distinct qualities.

(1) Alexander, Lewis M . "Geography and the Law of the Sea," AAG Annals Vol. 58 (1968), 177-197.

(2) Pearcy, G. Etzel. "Geographical Aspects of the Law of the Sea," AAG Annals Vol. 49 (1959), 1-24.

(3) Pounds, Norman J.G. "A Free and Secure Access to the Sea," AAG Annals Vol. 49 (1959), 256-268.

(4) Mayer, Harold M . " Politics and Land Use : The Indiana Shoreline of Lake Michigan," AAG Annals Vol. 54 (1964), 5()8..523.

(5) "linghi , Julian V. " Boundary Studies in Political Geography," AAG Annals Vol. 53 (1963), 407-428.

(6) Falick, Abraham J. "Maritime Geography and Oceanography," The Professional Geographer Vol. XVIII (September, 1966), 283-285.

(7) Padgett , Herbert R. " Sea Industries: A Neglected Field of Geography," The Professional Geographer Vol. XIII (November, 1961), 26-28.

(8) Haynes, James B. " North Slope Oi l : Physica l and Political Problems," The Professional Geographer Vol. XXIV (February, 1972). 17-22.

(9) White, Gilbert F. " Environmental Impact State­ments," The Professional Geographer Vol. XXtV (November, 1972),302-309.

(10) Eyre, John D. " Japanese-Soviet Territorial Issue in the Southern Kurile Islands," The Professional Geographer Vol. XX (January, 1968), 11-16.

(1 1J DeVorsey, Louis. " Florida's Seaward Boundary : A Problem in Applied Historical Geography," The Professional Geographer Vol. XXV (August , 1973). 214-220.

(12) Craig, A lan K. " Patrimony of the Sea and Fisheries Development in Latin America," The Professional Geographer Vol. XXVI (November, 1974), 421-424.

(13) Thomas, Trevor M . "The North Sea and ' its En­virons: Future Reservoir of Fuel," The Geograph­ical Review Vol. LVI (January, 1966), 12-39.

(14) Helin, Ronald A. " Soviet Fishing in the Barents Sea and the North Atlantic ," The Geographical Review Vol. LlV (July, 1964), 38f>.408.

(15) Padgett , Herbert R. "The Sea Fisheries of the Southern United States," The Geographical Review Vol. Llil (January, 1963), 22-39.

(16) Alexander, Lewis M . Offshore Geography of North­western Europe : The Political and Economic Prob­lems of Delimitation and Control. Rand McNally and Co. for the AAG. Chicago, 1963.

(17) Hodgson, Robert D. and Alexander, Lewis M . Towards an Objective Analysis of Special Circum­stances, Bays, Rivers, Coastal and Oceanic Archi­pelagos and Atolls. Occasional Paper No. 13, Law of the Sea Institute : Kingston, R.I. , 1972.

(18) U.S. Department of State. International Boundary Study, Series A -Limits in the Seas . Office of The Geographer. Washington, D.C., 1965-1974.

(19) Glassner, Martin I. Access to the Sea for Develop­ing Land-Locked States . The Hague: Martinus Nijhoff, 1970.

(20) Smith, Robert W. "Ocean borne Shipment of Petroleum and the Impact of Straits on VLCC Transit," Maritime Studies and Management (October, 1973), 119-130.

(21) Alexander, Lewis M . "Geography and the Law of the Sea," p. 178.

(22) Borgese, Elizabeth M . "The Law of the Sea," The Center Magazine (Nov. / Dec., 1974), p. 26.

(23) Berry, Brian J.L. "Approaches to Regional Analysis : A Synthesis," in Berry , Brian , J.L. and Marble, Duane F. Spatial Analysis . Prentice Hall : Engle­wood Cliffs, N.J., 1969, p. 31.

(24) Mass. Gen . Laws Ch. 130 §§104-105 (Supp. 1971).

(25) Hearings on HR2S before the Subcommittee on Fisheries and Wildlife Conservation of the House Committee on Merchant Marine and Fisheries, 90th Congo 1st Sess., 28 (1967).

(26) Laws of N.Y. Ann. 2S'{)101-Sec. 1 [Tidal Wetlands Act of 1973}.

(27) Pub. L. No.92-S83, 86 Stat. 1280.

(28) Mass. Gen . Laws 130 §10S (Supp. 1970).

(29) Code of Ga. Ann. §4S-137(b) [Coastal Marshland Protection Act of 1970}.

(30) Gen . Stat. of N.C. §113-229(3).

(31) 43 U.s.c. §1311(a).

(32) Ca lif. Pub. Res . Code §27100 (1973 Supp.).

(33) LRS §S1 :1361(C) [added by Acts No. 3S §1,1971).

(34) Commission on Marine Science, Engineering, and Resources . Our Nation and the Sea. (Washington, 1969), p. 51 .

(3S) Thomas S. Schoenbaum , " Public Rights and Coastal Zone Management," North Carolina Law Review S1 (1972), p. 21 .

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