Coastal Zone Managment (Falmouth Harbour Development)

Dredging Falmouth

The South west Regional Development Agency (RDA) and Objective One Funding Program for Cornwall and the Isles of Scilly will have put forward plans to dredge the Fal River to allow larger cruise liners into the port of Falmouth and develop the wharf with new terminals and site facilities, docks and coaching. The project is expected to cost £41 thousand with an environmental study of £117 thousand.

Falmouth is a site already heavily involved in maritime culture for centuries. Darwin after his famous time trip to the Galapagos Islands returned to Falmouth, as did Ellen MacArthur after she broke the record for sailing round the world in the fastest time. Falmouth at present is one of the busiest docks in Britain, with both small and large shipping and yachting. There is also Falmouth Docks (A&P), a world renowned business and Falmouth already supports a small amount of Cruise Liners already. The port is also the third largest natural deep water port in the world (for more on the dock click here) with the Tall Ships Festival happening in the town on a semi regular basis.
Falmouth the town would benefit heavily for the influx of tourists. As would too the rest of Cornwall, a Duchy already economically restrained economically.

The current plans aside from the rejuvenation project, requires the removal of the silt built up in the Fal River leading into the port. This dredging is broken between two separate areas, with some of the dredged material being reclaimed for beneficial use in creation schemes and filling schemes, with the rest of the unwanted material being disposed of at sea (for a complete survey in a Environmental Scoping Study click here).

The actions of dredging come under certain legal authoritive powers;
The Falmouth Docks act 1959 gives the powers to the A&P group to carry out improvements under section 7 (relating to maintenance and improvements) & section 26 (carry out dredging)
&
The Falmouth Harbour Act 1870 that defines the harbour limits and establishes the statutory powers for the Falmouth Harbour Commissioners

The dredging will need the appropriate assessment and legal requirements to be carried out;
Coastal Protection Act 1949 in regards to safety of shipping navigation and the potential towards the environment (see EIA).

Food & Environment Protection Act 1985 (under part II of the act) regards the effect to health standards that may affect other water users. Mussel farmers and fishermen also beach managers such as local councils.

An Environmental Impact Assessment (EIA) will need to be carried out to establish the threats to the natural environment that could be affected by the project. The requirement for EIA is established by European Directive 85/33/EEC as amended by 97/11/EC on the assessment of the effects of certain public and private projects on the environment (the EIA Directive).
The EIA for Falmouth is already in progress.
One of the main areas of concern will be effects to the Falmouth SAC.

Falmouth SAC is a protected area designated under the EC Habitats Directive. It is not only a valuable habitat for a plethora of species, but also part of the attraction to Falmouth and the local areas.
Main areas of concern towards impacts come for direct actions from the dredging itself (air quality impacts, noise impacts, water quality impacts, waste management implications, ecological impact, fisheries impacts, plus visual and landscape impacts), but also indirect actions such as the influx in shipping, suspended particles in the water system, ship to ship transfers and habitat loss (although this can be reclaimed). There could also be risks to mineral depositing and movement. The assessment of the two would require major hydrological mapping and tracking.

The Contract for the EIA was given to Royal Haskoning’s Exeter team (at £500,000) and the assessment is set to be completed by the end of July 2008. The project when completed will allow the entrance of some of the world’s largest ships into Cornwall providing economic improvements, but the impacts of the environment and the un-estimatable value of the natural environment have also to taken into consideration in a precautionary and holistic approach.

For a more in depth article on the dredging practice click here
For an article from Marine SAC about effects from dredging click here

Coastal Zone Managment (UNCLOS)

United Nations Convention on the Law of the Sea

The international agreement for States division of the ocean environment was a conference that convened in New York in 1973. It ended nine years later with the adoption in 1982 of a constitution for the seas - the United Nations Convention on the Law of the Sea (UNCLOS). The ending result was a global diplomatic effort to regulate and write rules for all ocean areas, all uses of the seas and all of its resources that came into force on November 14th 1994.

Coastal Zoning through the Treaty

Map showing the breakdown of International Rights from the UNCLOS.
Image: Wikipedia, 28.02.2007


Internal Waters
Those waters that are on the landward side of the baseline* from which the breadth of the territorial waters are measured are defined as internal waters (UNCLOS, art 8). Within this territory, a State has absolute sovereignty. It may however have obligations to emit foreign vessels into its ports (Gibson 2008).

* The normal baseline for territorial seas is defined as the low water line along the coast as marked on large-scale charts officially recognised by the coastal State under UNCLOS article 5. These can incorporate straight lines between bays, islands or internal waters up to 24 nautical miles (nm) belonging to said State (UNCLOS, art 9) (Gibson 2008). This does not incorporate rocks that do not support human habitation or economic life (i.e. Rockall).

Territorial Sea
Sovereignty of a State still applies in the Territorial Seas (UNCLOS, art 2). However, foreign vessels have rights of “innocent passage” (UNCLOS, art 17) within this zone. Passage is deemed innocent so long as it is not prejudicial to the peace, good order or security of the coastal State (Gibson 2008).
The zone extends 12 nm from the baseline (UNCLOS, art 3), in the absence of mutual agreement or what is defined as a median line (UNCLOS, art 15) between two or more States with coasts opposing, or adjacent to each other.
Although the molesting of foreign ships in innocent transit is forbidden within the territorial zone, the State is allowed to regulate the manner in which the right is exercised. Moreover, under article 21 of UNCLOS, the State is encouraged to enforce legislation that heightens navigation safety, ocean resources, protection from pollution, fiscal, immigration security and scientific exploration (Gibson, 2008).

Contiguous Zone
Originally placed at 12 nm from baseline by the Territorial Sea Convention, later by UNCLOS this optional zone was increased to 24 nm.
Its purpose was to create a zone adjacent to the territorial zone (UNCLOS, art 13) to increase to the practice of custom, fiscal, immigration and sanitary laws.

Exclusive Economic Zone
The Exclusive Economic Zone or EEZ is a zone that extends 200 nm from the established baseline in articles 55 and 57 of UNCLOS.
The zone provides sovereignty to the Sate within this area, giving it sole rights to resources within the established zone (UNCLOS, art 56). Within the zone other States have the ability, as in territorial waters, to move through these waters and, if allowed by the occupying State, the right to benefit from the occupiers resources or area (i.e. lying of underwater cables) through licensing, leasing etc.
EEZ’s have been described as one of the most beneficial, politically challenging and contentious parts of the UNCLOS with negligible results. It is reasonably accurate to say that virtually all the various sections of UNCLOS relate, more or less, to the EEZ. The EEZ is, in effect, the hub of a wheel, with many spokes radiating out from it (Applebaum, 2008).
It should also be noted that Brittan, as part of the European Economic Community (EEC), have ceded jurisdiction over fisheries within the EEC, and can only impose restrictions towards its own fishing persons (Gibson, 2008).

Continental Shelf
Geologists refer to the continental shelf as the margin between the shoreline and the shelf break into the deep water.
In regards to the law, UNCLOS article 76 defines it as;
The submerged prolongation of the land territory of the coastal State - the seabed and subsoil of the submarine areas that extend beyond its territorial sea to the outer edge of the continental margin, or to a distance of 200 nautical miles where the outer edge of the continental margin does not extend up to that distance (UN 2008).
According to the same article;
The coastal State may establish the outer limits of its juridical continental shelf wherever the continental margin extends beyond 200 nautical miles by establishing the foot of the continental slope, by meeting the requirements stated for the thickness of sedimentary rocks, by satisfying geomorphological requirements and by meeting distance and depth criteria, or by any combination of these methods (Article 76, paragraphs 4 - 7) (UN 2008).

Sovereign rights of the State apply to this zone too, especially for the purpose of exploring for scientific benefits and hydro-carbon exploitation, like the Challenger Group for Natural Environment Research Council (NERC). The exploitation of the natural resources however is confined to mineral and non-living resources including sedimentary species of living organisms (UNCLOS, art 76).
Again, the interference towards other States oceanic transit is forbidden, but the control within the zone is limited to control over resources and dumping of wastes (UNCLOS 210).
In practice the continental shelf is more of an extension on the EEZ, a wider jurisdiction for Sates with an un-declared EEZ, or an extension for states where their continental shelf extends beyond 200 nm zone (Gibson 2008).

The total legal perimeter established and accepted by the U.K. through UNCLOS amounts to approximately 867,400 km2 of U.K. waters (161,200 km2 territorial and 706,200 km2 offshore, excluding territorial waters of Isle of Mann and the Channel Isles) (JNCC 2008)


Map of Total Defined Territorial U.K. Waters Image: Defra, 2002





Department for Food Environment & Rural Affairs (Defra), 2002, Safeguarding Our Seas, A Strategy for the Conservation and Sustainable Development of Our Sea, Crown Copyright, 2002, London

Gibson J. (23.03.2008) UK Coastal Zone Law Notes, Institute of Marine and Environmental Law, University of Cape Town, 2001, updated 21.02.07, available at http://web.uct.ac.za/depts/pbl/jgibson/iczm/notes/note1.htm#sect2.1

Applebaum B. (22.03.2008). Outline of UNCLOS, Law of the Sea – The Exclusive Economic Zone, 2001, Canadian Museum of Civilization Corporation, last updated 03.03.2001, available at http://www.civilization.ca/hist/lifelines/apple6e.html

United Nations (UN). (01.02.2008). Commission on the Limits of the Continental Shelf (CLCS) The continental shelf, Division for Ocean Affairs and the Law of the Sea, Office of Legal Affairs, United Nations, 2006, available at http://www.un.org/Depts/los/clcs_new/continental_shelf_description.htm

Joint Nature Conservation Committee (JNCC), 14.02.2008) 1.6.4 Selection of offshore sites, JOCK website, available at http://www.jncc.gov.uk/page-1478

Coastal Zone Managment (Dredging in Falmouth)

Dredging in the Fal River in Cornwall

In 2003, the BBC reported on the pressure posed upon the scallop fishermen by the environmentalist wanting to reduce or ban the fishing practice within Carrick Roads in Cornwall.
By the end of 2007, the Marine Conservation Society (MCS) threatened to complain to Brussels as they believed the threat to the marine environment by the industry was significant enough to warrant grave concern.
In the Telegraph, Jean-Luc Solandt of the MCS stated,
“We are giving the Cornwall Sea Fisheries Committee and Defra nine months to act to protect the threatened marine life in the Fal and Helford, an area designated for its internationally important marine habitats”.

As a Special Area of Conservation (SAC), an area protected under EU law designated under the European Union Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora. The MCS have gone on to say
“If Defra does not take action to put an immediate stop to these activities, we will be forced to inform the European Commission that in our opinion, UK authorities are acting unlawfully under European law”.

The UK governmental group, the Department for the Environment and Rural Affairs (Defra), could face huge fines if found in breach.

Defra responded by saying,
"There is a long standing management agreement in place to protect the site that was agreed between Natural England, the local Sea Fisheries Committee and other interested parties”.

The local authority responsible for the control of the industry is Cornwall Sea Fisheries Committee (CSFC) who re-opened the fishery in November after reaching an agreement with the local scallop fishermen on working dates and times.
Since this reversal, dredging for scallops within the Carrick Roads water system has bought a lot of attention.

Scallop dredging, which dates back 30 years or so within the Cornish fishing communities, is one of the diminishing industries in Cornwall, a Dutcy, that is already infected by low employment, low wages and high house prises.

Scallop dredging however, is damaging the bathology, and the benthic ecosystem associated with it, and Defra, employed an consultation with CSFC with reported, “they (maerl beds) are susceptible to damage from scallop dredging and other towed bottom gears, which in turn may threaten the conservation objectives of the SAC”

Natural England (NE) Wildlife & Countryside Link (WCL) and again with the MCS with a press release press release in March 2008 advised that Defra close the fishery.

Recently, Defra and the SCFC have taken into consultation
toward the banning of the industry to maintain and protect the SAC.
This would be a brave step in the movement towards environmental damage limitation within the SAC and surrounding areas of Falmouth. But, what it has install for the local community is another question.

Some useful links:
http://www.whitbyseaanglers.co.uk/north-east-fishing-news/fal-bay-trawling-ban
http://db.cornwall.gov.uk/documents/download.aspx?doc=327028
http://www.saveourseabirdscharitabletrust.org.uk/gulls_towns.htm
mailto:betty@chy-an-golvanas.wanadoo.co.uk

Coastal Zone Managment (Sea Level Rise)

Sea Level Rise and the National Trust

Geomorphic changes to our coastal environment are inevitable. For an in-detail and informative article by Spencer Weart go here.
With this change in mind, stakeholders in the marine environment have to plan for future changes and adaptations to morph with the changes ahead.

“To help plan for the future the
Trust commissioned research to
assess how the coastline is likely to
change over the next 100 years.
The results suggest that many of the
Trust’s important sites are at risk from
coastal erosion and flooding”
(Shifting Shores: Living with a changing coastline, The National Trust 2005)

Places such as Mullion Harbour in Cornwall are such places under threat. This old and beautiful harbour, which forms part of the village of mullion is expected to be gone within the next couple of hundred years or less.

So what is to be done about it? In short, nothing!

The Environment Agency have installed operations in place to asses the damage (go here), but the real adaptation comes in the form of societies ability to relax in the way of un-controllable forces.
Go and have a look here to see where your house will be in a few years.

But it’s not all that bad. As one thing is removed, another is created.
Assessing the full damage of climate change and sea level rise, will only really be possible when the sea starts to drop. Until then, society has to develop the tools to adapt to changes in the environment, and install operations to minimise damage.

For a fuller more detailed analysis go to “Or Go Buy a Snorkel” down this page.

For a fuller more detailed analysis, go to “Or Go Buy a Snorkel” down this page.
To see Mullion Harbours reaction to the changes ahead, go here.

Coastal Zone Managment (MPA's)

Marine Protected Areas

OSPARS System of MPA’s http://www.ngo.grida.no/wwfneap/Projects/MPAmap.htm

A robust tool for the protection of the marine environment is the Marine Protected Area, or the MPA.
The International Union for the Conservation of Nature (INCN) has defined this as;
“Any area of inter-tidal or sub-tidal terrain, together with it’s overlying water and associated flora, fauna, historical and cultural features, which has been reserved by law [De Jure] or other means [De Facto] to protect part or all of the enclosed environment”.
Resolution 17.38 of the 17th General Assembly of the INCN, 1988

Through this, six categories of protected zones are defined.

Go here. http://www.mcsuk.org/downloads/policy/marine_bill/WCL_Marine_Protected_Areas_26Aug05_Final.pdf

Marine Nature Reserves (MNR) are designated under the Wildlife and Countryside Act 1981. There main purpose is to conserve marine flora and or fauna, geological and physical features of special interest. Within these zones activties like fishing can still take place, but are regulated by Sea Fisheries Committees.

More here.
http://www.defra.gov.uk/fish/sea/others/sfc.htm

Special Areas of Conservation (SAC) are established for the protection of specific habitats and species of European importance under the Habitats Directive. Similarly, Special Protected Areas (SPA) were established for the sites of migratory birds including maritime birds.
They are referred as European Marine Sites (EMS).

More here.
http://www.ukmarinesac.org.uk/publications.htm
http://www.jncc.gov.uk/page-4215

Highly Protected Marine Reserves (HPMR) can be defined as, areas in which all extractive activities are prohibited. Sometimes referred to as “No Take zones”, all activities consisting of the removal of living, and non-living resources for the said site is forbidden.

More here.
http://www.jncc.gov.uk/page-1572
&
Go here.
http://www.marinereservesnow.org.uk/

Sites of Special Scientific Interest (SSSI) (sometimes said as, “Triple S I’s”), are typically terrestrial zones. However, this does incorporate coastal zones such as cliffs and sand dunes systems extending to the low-water mark. An SSSI is an area that has been notified as being of special interest and is protected under the Wildlife and Countryside Act 1981.

Voluntary Marine Conservation Areas (VMCA) are areas where local communities and area users develop codes of practice for the zone.

Go here.
http://www.helfordvmca.co.uk/
http://www.devonwildlifetrust.org/index.php?section=home
http://www.sevensisters.org.uk/rte.asp?id=42

Marine National Parks (MNP) are an evolvement from the terrestrial National Park similar to Pembrokeshire in Wales. Plans are under way to develop a MNP in Scotland (http://www.wwf.org.uk/news/scotland/n_0000002113.asp)

More here.
http://www.snh.org.uk/strategy/CMNP/sr-adnp01.asp
http://www.nationalparks.gov.uk/