Fundamental Contents of Coastal GIS: The Case for a Marine Cadastre

1. Our apologies for not being able to come to beautiful Italy We would like to look at a particular component of coastal GIS, that is the part concerned with legal interests in coastal areas. On land these interests (or at least some of them) are documented in a �cadastre�. Whether this is the right concept in marine space is debatable, but the term �marine cadastre� has been used in several international forums, largely driven by the surveying and mapping community. Our apologies for not being able to come to beautiful Italy We would like to look at a particular component of coastal GIS, that is the part concerned with legal interests in coastal areas. On land these interests (or at least some of them) are documented in a �cadastre�. Whether this is the right concept in marine space is debatable, but the term �marine cadastre� has been used in several international forums, largely driven by the surveying and mapping community.

2. Our research in the Land and Coastal Studies Group at the University of New Brunswick is multidisciplinary - including law, anthropology, sciences, and engineering. Over the last few years we have worked with partners in industry and government to develop new concepts, models, and technologies. We work closely with the Ocean Mapping Group at UNB and the Canadian Hydrographic Service. We use a range of software including CARIS Spatial Fusion. Interactive Visulaization Systems has enabled us to look at 3 and 4 models. Other support has come from the Earth Sciences Sector of Natural Resources Canada and from other government departments. Our research in the Land and Coastal Studies Group at the University of New Brunswick is multidisciplinary - including law, anthropology, sciences, and engineering. Over the last few years we have worked with partners in industry and government to develop new concepts, models, and technologies. We work closely with the Ocean Mapping Group at UNB and the Canadian Hydrographic Service. We use a range of software including CARIS Spatial Fusion. Interactive Visulaization Systems has enabled us to look at 3 and 4 models. Other support has come from the Earth Sciences Sector of Natural Resources Canada and from other government departments.

3. Our concern here today, however, is to highlight three points: 1. why CZM and therefore coastal GIS need to address marine rights and boundaries 2. What some of the results of our research has shown in a Canadian context 3. What principles should be addressed in developing the marine cadastre componentOur concern here today, however, is to highlight three points: 1. why CZM and therefore coastal GIS need to address marine rights and boundaries 2. What some of the results of our research has shown in a Canadian context 3. What principles should be addressed in developing the marine cadastre component

4. Part One CZM from a Rights and Boundaries Perspective

5. Why should coastal GIS be concerned with property rights, limits of jurisdiction, administration or ownership? Much of the attention in Coastal Zone Management is on protection of natural resources and habitat or the development of coastal industries and opportunities. But to have truly sustainable development, there is a need to look not only at CZM from the environmental and economic perspectives but also from the institutional perspective. From an institutional perspective, CZM is also concerned with how the rights to, responsibilities for, and restrictions on are DISTRIBUTED among individuals and groups within society. Without this institutional dimension, no one has the legal rights and security for development and economic activity. And without the institutional dimension no one has the authority to protect the environment Why should coastal GIS be concerned with property rights, limits of jurisdiction, administration or ownership? Much of the attention in Coastal Zone Management is on protection of natural resources and habitat or the development of coastal industries and opportunities. But to have truly sustainable development, there is a need to look not only at CZM from the environmental and economic perspectives but also from the institutional perspective. From an institutional perspective, CZM is also concerned with how the rights to, responsibilities for, and restrictions on are DISTRIBUTED among individuals and groups within society. Without this institutional dimension, no one has the legal rights and security for development and economic activity. And without the institutional dimension no one has the authority to protect the environment

6. So from our perspective: CZM is about how rights to resources - rights of ownership, use, and stewardship - are allocated within society and among levels of government. So from our perspective: CZM is about how rights to resources - rights of ownership, use, and stewardship - are allocated within society and among levels of government.

7. CZM is also about how the rules and regulations surrounding how coastal resources will be used are set. CZM is also about how the rules and regulations surrounding how coastal resources will be used are set.

8. Coastal zone management is not just about monitoring and enforcement - a view that government agencies sometimes take. Coastal zone management is not just about monitoring and enforcement - a view that government agencies sometimes take.

9. More importantly CZM is about having the institutional structures in place to not only adjudicate/resolve disputes, but also to prevent them. These structures in today�s divers society need to be decentralized and accessible and they need to be inclusive. This is an example in Canada when those structures failed. It involves the rights of First Nations people in the fishery following a Supreme Court decision in 1999. Because the First Nations had not been included in fishery decisions, the decision that they did indeed have rights took the governments, the traditional fishers, and even the First Nations by storm. There were no mechanisms in place to include their rights - the result was boat ramming, burning of buildings, and threats of gunfire on all sides. More importantly CZM is about having the institutional structures in place to not only adjudicate/resolve disputes, but also to prevent them. These structures in today�s divers society need to be decentralized and accessible and they need to be inclusive. This is an example in Canada when those structures failed. It involves the rights of First Nations people in the fishery following a Supreme Court decision in 1999. Because the First Nations had not been included in fishery decisions, the decision that they did indeed have rights took the governments, the traditional fishers, and even the First Nations by storm. There were no mechanisms in place to include their rights - the result was boat ramming, burning of buildings, and threats of gunfire on all sides.

10. So CZM, from an institutional perspective has a number of functions. Our concern here though is the fact that how well these functions are performed depends directly on the effective management of spatial information. So CZM, from an institutional perspective has a number of functions. Our concern here though is the fact that how well these functions are performed depends directly on the effective management of spatial information.

11. And more specifically, this spatial information needs to include information on private and public interests - rights., responsibilities and restrictions. We need to be able to answer the questions - who has the rights to allocate, regulate, use, and benefit from coastal resources and spaces? - where do those rights and interests apply? And more specifically, this spatial information needs to include information on private and public interests - rights., responsibilities and restrictions. We need to be able to answer the questions - who has the rights to allocate, regulate, use, and benefit from coastal resources and spaces? - where do those rights and interests apply?

12. On land this information has traditionally been kept in records that are often referred to as a cadastre. What were once paper records and maps kept by a variety of government agencies and private professionals for their own purposes today we manage this information as one or layers in GIS. We need to do the same for marine and coastal spaces.On land this information has traditionally been kept in records that are often referred to as a cadastre. What were once paper records and maps kept by a variety of government agencies and private professionals for their own purposes today we manage this information as one or layers in GIS. We need to do the same for marine and coastal spaces.

13. One of the difficulties is the fact that in marine space these interests can be more complex on land. On land we can represent most things in two dimensions. In marine areas the interests are sometimes four dimensional - they have volume and they may change location or their nature over time. This calls for some innovative ways to visualize the complexity. Conceptually we know that there are many partial interests, many interests coexist in space; the �boundaries� may be fuzzy or precise often many levels of government and many agencies have some degree of authority over specific resources or specific activities and these interests also need to be represented. One of the difficulties is the fact that in marine space these interests can be more complex on land. On land we can represent most things in two dimensions. In marine areas the interests are sometimes four dimensional - they have volume and they may change location or their nature over time. This calls for some innovative ways to visualize the complexity. Conceptually we know that there are many partial interests, many interests coexist in space; the �boundaries� may be fuzzy or precise often many levels of government and many agencies have some degree of authority over specific resources or specific activities and these interests also need to be represented.

14. So our proposed definition of a marine cadastre is: A database that would support a GIS �layer� that At a display level would show physical boundaries and limits (and there will be many different types) At a deeper level would be supported by information on legal elements of rights, responsibilities, and restrictions to the areas shown by the boundaries and limits So our proposed definition of a marine cadastre is: A database that would support a GIS �layer� that At a display level would show physical boundaries and limits (and there will be many different types) At a deeper level would be supported by information on legal elements of rights, responsibilities, and restrictions to the areas shown by the boundaries and limits

15. Some characteristics of marine/coastal boundaries include the fact that they � may not be final (e.g., UNCLOS claims made by states who have or have not (ie Canada and USA) ratified the United Nations Law of the Sea Convention) � may be uncertain, incomplete, disputed ( may not be well defined spatially or may overlap with other claims - e.g., marine boundaries between adjacent states) � are complex: they need to represent sometimes overlapping interests and they need to represent at least 3 dimensions � may move over time (e.g., fishing rights) and often refer to physical features (which may not be mapped precisely or recently) Some characteristics of marine/coastal boundaries include the fact that they � may not be final (e.g., UNCLOS claims made by states who have or have not (ie Canada and USA) ratified the United Nations Law of the Sea Convention) � may be uncertain, incomplete, disputed ( may not be well defined spatially or may overlap with other claims - e.g., marine boundaries between adjacent states) � are complex: they need to represent sometimes overlapping interests and they need to represent at least 3 dimensions � may move over time (e.g., fishing rights) and often refer to physical features (which may not be mapped precisely or recently)

16. Part Two Canadian Example - Marine Protected Area

17. In our research at the University of New Brunswick, we have looked at a number of case studies to try to understand the issues and complexity of a marine cadastre. One such case is the proposed Marine Protected Area for Musquash Estuary under Canada�s new Oceans Act. Musquash is on the Bay of Fundy where tidal ranges go from 4 metres at the mouth of the Bay to over 16 metres at the head. Musquash tidal range is approximately 6 metres and the estuary includes significant tidal wetlands. The federal government proposed MPA boundaries as including (at the outer limit) � a line between Gooseberry Island and Musquash Head. Basically this is a line drawn on a small scale map with a thick pencil and has all the ambiguities such a line entails. The inner limit is currently being referred to as � the limit of ocean water effect - is that tidal affect or salinity affect? Does it include storm surges? Etc. Furthermore these limits , defined by one level of government do not correspond with claims and boundaries made at other levels. In our research at the University of New Brunswick, we have looked at a number of case studies to try to understand the issues and complexity of a marine cadastre. One such case is the proposed Marine Protected Area for Musquash Estuary under Canada�s new Oceans Act. Musquash is on the Bay of Fundy where tidal ranges go from 4 metres at the mouth of the Bay to over 16 metres at the head. Musquash tidal range is approximately 6 metres and the estuary includes significant tidal wetlands. The federal government proposed MPA boundaries as including (at the outer limit) � a line between Gooseberry Island and Musquash Head. Basically this is a line drawn on a small scale map with a thick pencil and has all the ambiguities such a line entails. The inner limit is currently being referred to as � the limit of ocean water effect - is that tidal affect or salinity affect? Does it include storm surges? Etc. Furthermore these limits , defined by one level of government do not correspond with claims and boundaries made at other levels.

18. UNB students conducted ocean mapping surveys using multibeam and side scan sonar in and around the estuary in 2001. One result of those surveys was identification of bottom features that indicated regular water circulation effects outside the proposed MPA limits. Subsequent surveys used current meters to track the inflow and discharge of the estuary. UNB students conducted ocean mapping surveys using multibeam and side scan sonar in and around the estuary in 2001. One result of those surveys was identification of bottom features that indicated regular water circulation effects outside the proposed MPA limits. Subsequent surveys used current meters to track the inflow and discharge of the estuary.

19. These confirmed the fact that a significant area outside the MPA was affected twice daily by influx and discharge. If the purpose of the MPA is to protect the natural environment, the straight line proposed would not be extremely effective. If activities that could damage the environment took place seaward of the MPA, their effects would be swept into the estuary. These confirmed the fact that a significant area outside the MPA was affected twice daily by influx and discharge. If the purpose of the MPA is to protect the natural environment, the straight line proposed would not be extremely effective. If activities that could damage the environment took place seaward of the MPA, their effects would be swept into the estuary.

20. Other research showed that there were many interests - private and public in and around the estuary which, in effect, would be expropriated or limited (without compensation) by the proposed inland limits. These interests included: - Port of Saint John municipal boundary (yellow) - water lots in the estuary - coastal property below (the highest water levels however defined) - provincial interests including a coastal zone regulation that overlaps with the MPA regulations - rights of traditional fishers (a zone for scallop fishing was defined in the MPA) - potentially aboriginal interests Other research showed that there were many interests - private and public in and around the estuary which, in effect, would be expropriated or limited (without compensation) by the proposed inland limits. These interests included: - Port of Saint John municipal boundary (yellow) - water lots in the estuary - coastal property below (the highest water levels however defined) - provincial interests including a coastal zone regulation that overlaps with the MPA regulations - rights of traditional fishers (a zone for scallop fishing was defined in the MPA) - potentially aboriginal interests

21. The Provincial Coastal Zone Policy has been in development since 1996. The purpose of the policy is to limit activities along the coast which: - could affect coastal features such as wetlands - could give rise to insurance claims due to increasing storm surges affected by sea level rise. This image shows one coastal property (white lines) , which would be drastically affected by the policy since much of the property includes wetland (green area)above the ordinary or mean high water where no activities can take place. In addition there is a 30 metre zone of limited activity (gray area). The Provincial Coastal Zone Policy has been in development since 1996. The purpose of the policy is to limit activities along the coast which: - could affect coastal features such as wetlands - could give rise to insurance claims due to increasing storm surges affected by sea level rise. This image shows one coastal property (white lines) , which would be drastically affected by the policy since much of the property includes wetland (green area)above the ordinary or mean high water where no activities can take place. In addition there is a 30 metre zone of limited activity (gray area).

22. The province of New Brunswick�s coastal policy extends inward from a claimed limit of the lower, low water large tides (i.e., chart datum). What jurisdiction the federal and provincial government have in marine spaces in Canada could be the subject of an entire law degree and in the end you probably would not be much the wiser. Several Supreme Court decisions for British Columbia and Newfoundland have defined the provincial limits for oil, gas, and minerals as the ordinary or mean high water (green line). But New Brunswick and other provinces dispute this. There are also problems at the inland limit of the no development zone because the proposed MPA boundary does not conform to the boundaries between private and public ownership (ie by presumption the ordinary or mean high water line) The province of New Brunswick�s coastal policy extends inward from a claimed limit of the lower, low water large tides (i.e., chart datum). What jurisdiction the federal and provincial government have in marine spaces in Canada could be the subject of an entire law degree and in the end you probably would not be much the wiser. Several Supreme Court decisions for British Columbia and Newfoundland have defined the provincial limits for oil, gas, and minerals as the ordinary or mean high water (green line). But New Brunswick and other provinces dispute this. There are also problems at the inland limit of the no development zone because the proposed MPA boundary does not conform to the boundaries between private and public ownership (ie by presumption the ordinary or mean high water line)

23. So what Musquash has shown us is some of the challenges that exist, especially in a confederation, in collecting and displaying information in a marine cadastre. As surveyors and hydrographers, we innocently thought there were some magic lines that merely needed more precise definition. Now we know that there are a multitude of stakeholders and that a marine cadastre needs to recognize all of the interests to be effective. This means a multitude of overlapping limits and boundaries in 3-4 dimensions. So what Musquash has shown us is some of the challenges that exist, especially in a confederation, in collecting and displaying information in a marine cadastre. As surveyors and hydrographers, we innocently thought there were some magic lines that merely needed more precise definition. Now we know that there are a multitude of stakeholders and that a marine cadastre needs to recognize all of the interests to be effective. This means a multitude of overlapping limits and boundaries in 3-4 dimensions.

24. Part Three Principles of a Marine Cadastre

25. We have designed some preliminary principles for a marine cadastre. These were presented and discussed at an international workshop on marine cadastres held at UNB in September. They still need refining. - Should Handle Multiple Types of Interests - e.g., partial interests, full interests such as ownership, and special inertests such as aboriginal claims or governmental authroity � Should be Have Participation of Many Stakeholders - at least in Canada a marine cadastre will not be built by one agency - there are too many competing interests and levels � Should be Based On a Data Custodian Model but also Needs a �Champion� - so perhaps agencies should manage their own data but we still need a champion or lead group to ensure that there is co-ordination � Should Not Wait Until all Issues and Claims are Settled - the issues will never be completely resolved - we need to get started anyway We have designed some preliminary principles for a marine cadastre. These were presented and discussed at an international workshop on marine cadastres held at UNB in September. They still need refining. - Should Handle Multiple Types of Interests - e.g., partial interests, full interests such as ownership, and special inertests such as aboriginal claims or governmental authroity � Should be Have Participation of Many Stakeholders - at least in Canada a marine cadastre will not be built by one agency - there are too many competing interests and levels � Should be Based On a Data Custodian Model but also Needs a �Champion� - so perhaps agencies should manage their own data but we still need a champion or lead group to ensure that there is co-ordination � Should Not Wait Until all Issues and Claims are Settled - the issues will never be completely resolved - we need to get started anyway

26. A marine cadastre should be a fundamental data set in any marine geospatial data infrastructure. The US, for example, has gone this route and has created a working group on marine boundaries at the federal level as part of the overall spatial data infrastructure. Canada has not yet included these components in its spatial data infrastructure despite the fact that a major data set identified as a required element by stakeholders is marine boundaries. We expect that developing a marine cadastre outside the SDI will result in missed opportunities to develop compatible standards, policies, and institutional arrangements among government departments and among levels of government. A marine cadastre should be a fundamental data set in any marine geospatial data infrastructure. The US, for example, has gone this route and has created a working group on marine boundaries at the federal level as part of the overall spatial data infrastructure. Canada has not yet included these components in its spatial data infrastructure despite the fact that a major data set identified as a required element by stakeholders is marine boundaries. We expect that developing a marine cadastre outside the SDI will result in missed opportunities to develop compatible standards, policies, and institutional arrangements among government departments and among levels of government.

27. So a maasrine cadastre Should be a Central Part of Any Marine Geospatial Infrastructure But it should also be Built on �Good Base Data� (e.g., multibeam bathymetry if available) and Use Visualization Tools to communicate the concepts to communities, governments, and others Finally, a marine cadastre Should be Rights Driven (iie should worry more about the interests individuals and groups of individuals hold) rather than concentrating on precise boundary delimitation which has been the case on land. Boundaries will not, for the most part, be delimiting exclusive righst to any marine space - we need to be more flexible and be able to recognize the coexistence of interest while giving them a spatial depiction. So a maasrine cadastre Should be a Central Part of Any Marine Geospatial Infrastructure But it should also be Built on �Good Base Data� (e.g., multibeam bathymetry if available) and Use Visualization Tools to communicate the concepts to communities, governments, and others Finally, a marine cadastre Should be Rights Driven (iie should worry more about the interests individuals and groups of individuals hold) rather than concentrating on precise boundary delimitation which has been the case on land. Boundaries will not, for the most part, be delimiting exclusive righst to any marine space - we need to be more flexible and be able to recognize the coexistence of interest while giving them a spatial depiction.