An analysis of marine protected areas legislation in the Caribbean Lesser Antilles

Historically, marine resources and ecosystems were believed to be limitless and exploitation of those resources occurred with little regard to future consequences. Recent studies suggests that this belief is misplaced, as research indicates that many of these marine resources face extinction if protective measures are not implemented soon. Marine protected areas, or MPAs have garnered increasing attention as a means to effectively protect and conserve marine resources. Establishment and management of marine protected areas typically require implementing legislation in order to provide a legal basis for enforcement of MPA rules and regulations. The intent of this research was to determine the link between MPA legislation and effective conservation of marine resources, using coral reef protection in the Caribbean as a case study. The first goal of this research was to determine which elements need to be included within MPA legislation, as determined by protected areas legislative experts and managers. The second phase of the thesis was to compare those guidelines against the legislation of three separate island groups within the Caribbean Lesser Antilles - Antigua and Barbuda, the Netherlands Antilles, and the U.S. Virgin Islands. The results of the legislative analysis were then compared to the actual state of coral reefs controlled by the reviewed countries to establish whether effective MPA legislation results in better protection of coral reefs. The analysis revealed that effective legislation alone is not sufficient, nor determinative, of coral reef viability. However, the research does offer suggestions as to those components of the legislation that are deemed most crucial, such as self-financing, coverage area, and legislative authorization to control activities outside of MPA boundaries

Is this Ship Covered?: The Intersection of Law, Geography, and Management of Sunken Military Craft

The legal framework protecting historic shipwrecks and other underwater cultural heritage in the United States is largely fragmented and not always effective. Factors that may influence the legal protection afforded a shipwreck can include the type of ship, the location of the ship, the history and age of the ship, and the ship's country of origin. Management of historic shipwrecks may be spread across both federal and state agencies and without formal protocols that establish leadership. Many of these shipwrecks are also foreign in origin and protection for those resources is frequently determined by what some consider outdated and inapposite rules of law. Fortunately, the need to protect and properly manage historic shipwrecks has received increased recognition in legislative bodies and in the courts. One of the stronger pieces of federal legislation protecting shipwrecks is the Sunken Military Craft Act, which covers sunken military ships and aircraft around the globe. Under the act, warships, naval auxiliaries, and vessels owned and operated by a government on military noncommercial service at the time of sinking are protected from unauthorized disturbance. Considering the protective benefits afforded those sunken military craft covered by the act, the research presented here was designed to assess what types of vessels fall under the definition of protected vessels. To that end, the author consulted caselaw, applicable legislation, legal authorities, and the historical record as it applied to two types of vessels--Liberty ships operating during World War II and the privateers active during the Revolutionary war and War of 1812. The evaluation concluded that the two vessel types may be covered under the act depending on the particular voyage or activity in which the vessel was engaged at the time of sinking. The research and analysis presented is also intended to inform future evaluations of ambiguous classes of vessels to determine if they meet the statutory definition of included vessels. Many historic shipwrecks face continual threats from human factors, such as commercial fishing, recreational diving, commercial salvage, and offshore energy infrastructure. The application of federal and state legislation designed to protect historic shipwrecks from these and other hazards will often depend on the particular location of the resource. To assess the risks faced from anthropogenic hazards, the author created a risk model that incorporated the threats and protections confronted by shipwrecks in federal and state waters off the coast of North Carolina. The assessment involved production of a GIS through which each shipwreck included in the analysis would be assigned a value, which was output to a Shipwreck Vulnerability Index. Particular attention was paid to foreign shipwrecks, and the analysis presented herein includes discussion of the management issues facing foreign sunken military craft located in US waters

Phase I Cultural Resource Survey Of The Texstar Epic NGL Phase 2-Ramsey Terminal To Benedum Plant- Pipeline Project, Texas General Land Office Properties And Three Upland Sites, Reeves And Upton Counties, Texas

From January 8 through January 15, 2018, SEARCH completed a Phase I cultural resource survey of Texas General Land Office (GLO) properties in Reeves County, as part of the proposed Epic NGL Phase 2 Pipeline Project (Project). The Project is a joint venture between affiliates of TexStar Midstream Logistics, Ironwood Midstream Energy Partners, and Castleton Commodities International. Phase 2 of the Project consists of the installation of approximately 286.8 kilometers (178.2 miles) of 12-inch outside diameter (O.D.) pipeline that will be used to transport natural gas liquids from the Ramsey Terminal in Reeves County, Texas, to the Benedum Plant in Upton County, Texas. The work was conducted for Flatrock Engineering and Environmental, LLC (Flatrock), environmental contractor to TexStar, and this document reports the survey results of sections of the Project Area of Potential Effect (APE) traversing lands owned by the Texas GLO in Reeves County, Texas, to satisfy the requirements of the Antiquities Code of Texas under Texas Antiquities Permit #8268. As a matter of due diligence, three previously recorded upland archaeological sites (41RV30, 41RV40, and 41UT127) with an “undetermined” National Register of Historic Places (NRHP) eligibility also were surveyed within the APE in Reeves and Upton Counties. The proposed pipeline route crosses four Texas GLO properties (SEARCH Survey Areas STL001- STL004). Area STL001 is located in northwestern Reeves County near the start of the Phase 2 pipeline route, approximately 3.65 kilometers (2.27 miles) west of State Highway 285 and 0.52 kilometers (0.32 miles) south of the Ramsey Terminal, the Ford Geraldine Oil Field, and China Draw. The city of Orla, Texas, is roughly 13.85 kilometers (8.6 miles) to the south of Area STL001. Area STL002 is located 34.52 kilometers (21.45 miles) to the south of Area STL001 and 22.14 kilometers (13.76 miles) south of Orla. It is roughly 1.83 kilometers (1.14 miles) west of State Highway 232 and is situated between Narrow Bow and WT Draws. Areas STL003 and STL004 are adjacent to each other. STL003 is 1.59 kilometers (0.99 miles) south of STL002. WT and John D Draws cross portions of Areas STL003 and STL004, and State Highway 232 parallels much of the proposed pipeline route on Area STL004. The Project APE is 61.0 meters (200 feet) wide, and the pipeline trench is anticipated to be no more than 1.5 to 1.8 meters (5 to 6 feet) deep. On Texas GLO lands, the combined length of the APE in Areas STL001-STL004 is 2.98 kilometers (1.85 miles) in length and 23.4 hectares (57.7 acres) in size. The upland archaeological sites APE totals 5.1 hectares (12.6 acres) and measures 843.2 meters (2,766.4 feet) in length. Staging areas, pipe yards, access roads, and other ancillary facilities eventually will be sited along the Project corridor, but their locations have yet to be determined. SEARCH performed a Phase I survey to identify and evaluate cultural resources that may be adversely affected within the proposed Project APE, using intensive pedestrian survey and shovel test excavation, as outlined in the Texas Historical Commission’s (THC) Archaeological Survey Standards for Texas and Archeology and Historic Preservation and Rules of Practice and Procedure for the Antiquities Code of Texas. Pedestrian survey was conducted along four transects spaced 15 meters (49 feet) apart across the width of the APE where surface visibility was greater than 30 percent. Twenty-two shovel tests were excavated along the Project APE centerline on Texas GLO properties, and 28 shovel tests were excavated at the upland archaeological sites. Shovel test profiles varied only slightly across the Project areas and generally corresponded to data mapped by the US Department of Agriculture, Natural Resources Conservation Service (USDA-NRCS) for Reeves and Upton Counties. Based on USDA Soil Survey data, topography, elevation, vegetation, and the results of shovel test excavation, much of the surveyed portion of Project APE on Texas GLO lands can be distinguished by welldrained, level, open mesquite-grass scrubland. Shovel testing in the Project APE generally revealed two strata; on average, shovel test excavation was terminated at 65 centimeters (26 inches) below surface. Caliche was encountered in all 50 shovel tests, and no cultural material was identified during shovel test excavation. Three newly identified archaeological sites, 41RV131, 41RV132, and 41RV133, characterized as low- to medium-density prehistoric lithic surface scatters, were recorded and surveyed within the Project APE on Texas GLO property. The length of the Project centerline across the newly recorded sites totals 901.4 meters (2,957.2 feet) or 4.99 hectares (12.35 acres). No temporally diagnostic artifacts were recovered from the three sites, and no artifacts were recovered during shovel test excavation at these three sites. Upland site 41RV30, a low-density, late nineteenth- to twentieth-century surface scatter associated with Old X Ranch, has been impacted by pipeline construction within the APE. Site 41RV40, a small, burned caliche feature, was not relocated, and this feature likely has been destroyed by pipeline construction and road maintenance. Site 41UT127 served as a practice bombing range during World War II, and while several practice targets are visible on recent aerial photographs, none of the targets are located within the Project APE. No artifacts were identified during pedestrian survey at sites 41RV40 and 41UT127, and no artifacts were recovered during shovel test excavation at the three upland sites. It is SEARCH’s opinion that the proposed Project will result in NO ADVERSE EFFECT to the portions of these six sites located within the Project APE, and these sites are not eligible for inclusion in the NRHP. No further work is recommended at these sites or within other portions of the Project APE located on Texas GLO lands

Is this Ship Covered?: The Intersection of Law, Geography, and Management of Sunken Military Craft

The legal framework protecting historic shipwrecks and other underwater cultural heritage in the United States is largely fragmented and not always effective. Factors that may influence the legal protection afforded a shipwreck can include the type of ship, the location of the ship, the history and age of the ship, and the ship's country of origin. Management of historic shipwrecks may be spread across both federal and state agencies and without formal protocols that establish leadership. Many of these shipwrecks are also foreign in origin and protection for those resources is frequently determined by what some consider outdated and inapposite rules of law. Fortunately, the need to protect and properly manage historic shipwrecks has received increased recognition in legislative bodies and in the courts. One of the stronger pieces of federal legislation protecting shipwrecks is the Sunken Military Craft Act, which covers sunken military ships and aircraft around the globe. Under the act, warships, naval auxiliaries, and vessels owned and operated by a government on military noncommercial service at the time of sinking are protected from unauthorized disturbance. Considering the protective benefits afforded those sunken military craft covered by the act, the research presented here was designed to assess what types of vessels fall under the definition of protected vessels. To that end, the author consulted caselaw, applicable legislation, legal authorities, and the historical record as it applied to two types of vessels--Liberty ships operating during World War II and the privateers active during the Revolutionary war and War of 1812. The evaluation concluded that the two vessel types may be covered under the act depending on the particular voyage or activity in which the vessel was engaged at the time of sinking. The research and analysis presented is also intended to inform future evaluations of ambiguous classes of vessels to determine if they meet the statutory definition of included vessels. Many historic shipwrecks face continual threats from human factors, such as commercial fishing, recreational diving, commercial salvage, and offshore energy infrastructure. The application of federal and state legislation designed to protect historic shipwrecks from these and other hazards will often depend on the particular location of the resource. To assess the risks faced from anthropogenic hazards, the author created a risk model that incorporated the threats and protections confronted by shipwrecks in federal and state waters off the coast of North Carolina. The assessment involved production of a GIS through which each shipwreck included in the analysis would be assigned a value, which was output to a Shipwreck Vulnerability Index. Particular attention was paid to foreign shipwrecks, and the analysis presented herein includes discussion of the management issues facing foreign sunken military craft located in US waters

Is this Ship Covered? The Intersection of Law , Geography , and Management of Sunken Military Craft

The legal framework protecting historic shipwrecks and other underwater cultural heritage in the United States is largely fragmented and not always effective. Factors that may influence the legal protection afforded a shipwreck can include the type of ship , the location of the ship , the history and age of the ship , and the ship's country of origin. Management of historic shipwrecks may be spread across both federal and state agencies and without formal protocols that establish leadership. Many of these shipwrecks are also foreign in origin and protection for those resources is frequently determined by what some consider outdated and inapposite rules of law. Fortunately , the need to protect and properly manage historic shipwrecks has received increased recognition in legislative bodies and in the courts. One of the stronger pieces of federal legislation protecting shipwrecks is the Sunken Military Craft Act , which covers sunken military ships and aircraft around the globe. Under the act , warships , naval auxiliaries , and vessels owned and operated by a government on military noncommercial service at the time of sinking are protected from unauthorized disturbance. Considering the protective benefits afforded those sunken military craft covered by the act , the research presented here was designed to assess what types of vessels fall under the definition of protected vessels. To that end , the author consulted caselaw , applicable legislation , legal authorities , and the historical record as it applied to two types of vessels€”Liberty ships operating during World War II and the privateers active during the Revolutionary war and War of 1812. The evaluation concluded that the two vessel types may be covered under the act depending on the particular voyage or activity in which the vessel was engaged at the time of sinking. The research and analysis presented is also intended to inform future evaluations of ambiguous classes of vessels to determine if they meet the statutory definition of included vessels. Many historic shipwrecks face continual threats from human factors , such as commercial fishing , recreational diving , commercial salvage , and offshore energy infrastructure. The application of federal and state legislation designed to protect historic shipwrecks from these and other hazards will often depend on the particular location of the resource. To assess the risks faced from anthropogenic hazards , the author created a risk model that incorporated the threats and protections confronted by shipwrecks in federal and state waters off the coast of North Carolina. The assessment involved production of a GIS through which each shipwreck included in the analysis would be assigned a value , which was output to a Shipwreck Vulnerability Index. Particular attention was paid to foreign shipwrecks , and the analysis presented herein includes discussion of the management issues facing foreign sunken military craft located in US waters