Regulatory aspects
georegulations, the geographic representation of the region(s) of applicability on the earth. Because policy makers, not geographers, generally
write regulations, the challenge is to adequately capture the geography
intended by each individual law. These georegulations, once created,
allow users to visualise the spatial extent of regulations and maritime
boundaries, as well as make visual comparisons between these laws and
natural resources data. In addition, OPIS allows the user to query an
area on a map and reveal all of the regulations and managing agencies
applicable at that point.
The Marine Cadastre and Policy Framework
To link the policy with the geography for the OPIS project required a
technical and geographic analysis of the marine boundaries (cadastres)
and the regulatory structure that applies to the area. The marine cadastre,
similar to its land equivalent, describes the property interests or the
geographic extent of the past, current, and future rights and interests
in the ocean. This includes the delineation of private, state, national,
and international rights. Unlike the land-based counterparts, however,
the marine geography is further complicated by the inability to include
any physical boundary markers, such as benchmarks, stakes, fences,
or hedgerows, which are used on land. US law for this region has developed from a combination of civil law (originating in ancient Rome)
and common law which evolved in England (Graber, 1980). In addition, though currently unratified in the US, many of the principles
outlined in the 1982 United Nations Convention on tbe Law of the Sea
(United Nations, LOS, 1997) have been used to determine the marine
cadastre in the US The boundaries can generally be divided into two
categories: international and national. The international boundaries
include such items as the Contiguous Zone, 12 miles Territorial Sea,
and the Exclusive Economic Zone. The national boundaries include the
Seaward State Boundary, the Revenue Sharing Boundary (Section 8[g]
of the Outer Continental Shelf Lancls Act), state lateral boundaries,
marine protected areas, other offshore-restricted zones, and the outer
continental shelf lease blocks 1 .
Rights and responsibilities associated with the marine cadastre are
often complex with overlapping authorities and jurisclictions at both
the State and Federal levels. Generally under US law, individual states
(in this case Florida, Georgia, North Carolina, and South Carolina)
have the authority to manage, administer, lease, develop, and use the
natural resources of the ocean from mean high water out to the 3 nautical mile seaward state boundary (43 USC
1 301 et seq.)
2 . However,
1. The Minerals Management Service is responsible for the development and management of
the mineral resources on the outer continental shelf within us jurisdiction. The outer continental
shelf lease blocks are used to accurately and legally define areas on the continental shelf in
support of this Federal oil, gas. and nnneral leasing program.
2 The exception to this is the west coast of Florlda (Gulf of Mexico side) which has jurisdiction
out to 3 leagues or 9 nautical miles.
287
georegulations, the geographic representation of the region(s) of applicability on the earth. Because policy makers, not geographers, generally
write regulations, the challenge is to adequately capture the geography
intended by each individual law. These georegulations, once created,
allow users to visualise the spatial extent of regulations and maritime
boundaries, as well as make visual comparisons between these laws and
natural resources data. In addition, OPIS allows the user to query an
area on a map and reveal all of the regulations and managing agencies
applicable at that point.
The Marine Cadastre and Policy Framework
To link the policy with the geography for the OPIS project required a
technical and geographic analysis of the marine boundaries (cadastres)
and the regulatory structure that applies to the area. The marine cadastre,
similar to its land equivalent, describes the property interests or the
geographic extent of the past, current, and future rights and interests
in the ocean. This includes the delineation of private, state, national,
and international rights. Unlike the land-based counterparts, however,
the marine geography is further complicated by the inability to include
any physical boundary markers, such as benchmarks, stakes, fences,
or hedgerows, which are used on land. US law for this region has developed from a combination of civil law (originating in ancient Rome)
and common law which evolved in England (Graber, 1980). In addition, though currently unratified in the US, many of the principles
outlined in the 1982 United Nations Convention on tbe Law of the Sea
(United Nations, LOS, 1997) have been used to determine the marine
cadastre in the US The boundaries can generally be divided into two
categories: international and national. The international boundaries
include such items as the Contiguous Zone, 12 miles Territorial Sea,
and the Exclusive Economic Zone. The national boundaries include the
Seaward State Boundary, the Revenue Sharing Boundary (Section 8[g]
of the Outer Continental Shelf Lancls Act), state lateral boundaries,
marine protected areas, other offshore-restricted zones, and the outer
continental shelf lease blocks 1 .
Rights and responsibilities associated with the marine cadastre are
often complex with overlapping authorities and jurisclictions at both
the State and Federal levels. Generally under US law, individual states
(in this case Florida, Georgia, North Carolina, and South Carolina)
have the authority to manage, administer, lease, develop, and use the
natural resources of the ocean from mean high water out to the 3 nautical mile seaward state boundary (43 USC
1 301 et seq.)
2 . However,
1. The Minerals Management Service is responsible for the development and management of
the mineral resources on the outer continental shelf within us jurisdiction. The outer continental
shelf lease blocks are used to accurately and legally define areas on the continental shelf in
support of this Federal oil, gas. and nnneral leasing program.
2 The exception to this is the west coast of Florlda (Gulf of Mexico side) which has jurisdiction
out to 3 leagues or 9 nautical miles.
287