927 resultados para North Carolina Bar Association.


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In recent years coastal resource management has begun to stand as its own discipline. Its multidisciplinary nature gives it access to theory situated in each of the diverse fields which it may encompass, yet management practices often revert to the primary field of the manager. There is a lack of a common set of “coastal” theory from which managers can draw. Seven resource-related issues with which coastal area managers must contend include: coastal habitat conservation, traditional maritime communities and economies, strong development and use pressures, adaptation to sea level rise and climate change, landscape sustainability and resilience, coastal hazards, and emerging energy technologies. The complexity and range of human and environmental interactions at the coast suggest a strong need for a common body of coastal management theory which managers would do well to understand generally. Planning theory, which itself is a synthesis of concepts from multiple fields, contains ideas generally valuable to coastal management. Planning theory can not only provide an example of how to develop a multi- or transdisciplinary set of theory, but may also provide actual theoretical foundation for a coastal theory. In particular we discuss five concepts in the planning theory discourse and present their utility for coastal resource managers. These include “wicked” problems, ecological planning, the epistemology of knowledge communities, the role of the planner/ manager, and collaborative planning. While these theories are known and familiar to some professionals working at the coast, we argue that there is a need for broader understanding amongst the various specialists working in the increasingly identifiable field of coastal resource management. (PDF contains 4 pages)

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Despite an increasing literary focus on climate change adaptation, the facilitation of this adaptation is occurring on a limited basis (Adger et al. 2007) .This limited basis is not necessarily due to inability; rather, a lack of comprehensive cost estimates of all options specifically hinders adaptation in vulnerable communities (Adger et al. 2007). Specifically the estimated cost of the climate change impact of sea-level rise is continually increasing due to both increasing rates and the resulting multiplicative impact of coastal erosion (Karl et al., 2009, Zhang et al., 2004) Based on the 2007 Intergovernmental Panel on Climate Change report, minority groups and small island nations have been identified within these vulnerable communities. Therefore the development of adaptation policies requires the engagement of these communities. State examples of sea-level rise adaptation through land use planning mechanisms such as land acquisition programs (New Jersey) and the establishment of rolling easements (Texas) are evidence that although obscured, adaptation opportunities are being acted upon (Easterling et al., 2004, Adger et al.2007). (PDF contains 4 pages)

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As the impacts and potential of climate change are realized at the governance level, states are moving towards adaptation strategies that include greater regulatory restrictions on development within coastal zones. The purpose of this paper is to outline the impacts of existing and planned regulatory mechanisms on the Fifth Amendment to the United States Constitution, which prevents the government taking of private property for public use without just compensation. A short history of regulatory takings is explained, and the potential legal issues surrounding mitigation and adaptation measures for coastal communities are discussed. The goal is to gain an understanding of the legal issues that must be resolved by governments to effectively deal with regulatory takings claims as coastal mitigation and adaptation plans are implemented. (PDF contains 3 pages)

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Congress established a legal imperative to restore the quality of our surface waters when it enacted the Clean Water Act in 1972. The act requires that existing uses of coastal waters such as swimming and shellfishing be protected and restored. Enforcement of this mandate is frequently measured in terms of the ability to swim and harvest shellfish in tidal creeks, rivers, sounds, bays, and ocean beaches. Public-health agencies carry out comprehensive water-quality sampling programs to check for bacteria contamination in coastal areas where swimming and shellfishing occur. Advisories that restrict swimming and shellfishing are issued when sampling indicates that bacteria concentrations exceed federal health standards. These actions place these coastal waters on the U.S. Environmental Protection Agencies’ (EPA) list of impaired waters, an action that triggers a federal mandate to prepare a Total Maximum Daily Load (TMDL) analysis that should result in management plans that will restore degraded waters to their designated uses. When coastal waters become polluted, most people think that improper sewage treatment is to blame. Water-quality studies conducted over the past several decades have shown that improper sewage treatment is a relatively minor source of this impairment. In states like North Carolina, it is estimated that about 80 percent of the pollution flowing into coastal waters is carried there by contaminated surface runoff. Studies show this runoff is the result of significant hydrologic modifications of the natural coastal landscape. There was virtually no surface runoff occurring when the coastal landscape was natural in places such as North Carolina. Most rainfall soaked into the ground, evaporated, or was used by vegetation. Surface runoff is largely an artificial condition that is created when land uses harden and drain the landscape surfaces. Roofs, parking lots, roads, fields, and even yards all result in dramatic changes in the natural hydrology of these coastal lands, and generate huge amounts of runoff that flow over the land’s surface into nearby waterways. (PDF contains 3 pages)

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In addition to providing vital ecological services, coastal areas of North Carolina provide prized areas for habitation, recreation, and commercial fisheries. However, from a management perspective, the coasts of North Carolina are highly variable and complex. In-water constituents such as nutrients, suspended sediments, and chlorophyll a concentration can vary significantly over a broad spectrum of time and space scales. Rapid growth and land-use change continue to exert pressure on coastal lands. Coastal environments are also very vulnerable to short-term (e.g., hurricanes) and long-term (e.g., sea-level rise) natural changes that can result in significant loss of life, economic loss, or changes in coastal ecosystem functioning. Hence, the dynamic nature, effects of human-induced change over time, and vulnerability of coastal areas make it difficult to effectively monitor and manage these important state and national resources using traditional data collection technologies such as discrete monitoring stations and field surveys. In general, these approaches provide only a sparse network of data over limited time and space scales and generally are expensive and labor-intensive. Products derived from spectral images obtained by remote sensing instruments provide a unique vantage point from which to examine the dynamic nature of coastal environments. A primary advantage of remote sensing is that the altitude of observation provides a large-scale synoptic view relative to traditional field measurements. Equally important, the use of remote sensing for a broad range of research and environmental applications is now common due to major advances in data availability, data transfer, and computer technologies. To facilitate the widespread use of remote sensing products in North Carolina, the UNC Coastal Studies Institute (UNC-CSI) is developing the capability to acquire, process, and analyze remotely sensed data from several remote sensing instruments. In particular, UNC-CSI is developing regional remote sensing algorithms to examine the mobilization, transport, transformation, and fate of materials between coupled terrestrial and coastal ocean systems. To illustrate this work, we present the basic principles of remote sensing of coastal waters in the context of deriving information that supports efficient and effective management of coastal resources. (PDF contains 4 pages)

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Rainbow smelt (Osmerus mordax) are small anadromous fish that live in nearshore coastal waters during much of the year and migrate to tidal rivers to spawn during the spring. They are a key prey species in marine food webs, as they are consumed by larger organisms such as striped bass, bluefish, and seabirds. In addition, smelt are valued culturally and economically, as they support important recreational and commercial fisheries. The Atlantic Coast range of rainbow smelt has been contracting in recent decades. Historically, populations extended from the Delaware River to eastern Labrador and the Gulf of St. Lawrence (Buckley 1989). More recent observations indicate that rainbow smelt spawning populations have been extirpated south of Long Island Sound, and evidence of spawning activity is extremely limited between Long Island and Cape Cod, MA. In the Gulf of Maine region, spawning runs are still observed, but monitoring surveys as well as commercial and recreational catches indicate that these populations have also declined (e.g., Chase and Childs 2001). Many diverse factors could drive the recently noted declines in rainbow smelt populations, including spawning habitat conditions, fish health, marine environmental conditions, and fishing pressure. Few studies have assessed any of these potential threats or their joint implications. In 2004, the National Marine Fisheries Service (NMFS) listed rainbow smelt as a species of concern. Subsequently, the states of Maine, New Hampshire, and Massachusetts were awarded a grant through NMFS’s Proactive Conservation Program to gather new information on the status of rainbow smelt, identify factors that affect spawning populations, and develop a multi-state conservation program. This paper provides an overview of this collaborative project, highlighting key biological monitoring and threats assessment research that is being conducted throughout the Gulf of Maine. (PDF contains 4 pages)

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In Washington State, the Department of Natural Resources (WA DNR) is responsible for managing state-owned aquatic lands. Aquatic reserves are one of many Marine Protected Area (MPA) designations in WA State that aim to protect sensitive aquatic and ecological habitat. We analyzed the designation and early planning processes of WA State aquatic reserves, identified gaps in the processes, and recommend action to improve the WA State aquatic reserve early planning approach. (PDF contains 4 pages)

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Generally, wetlands are thought to perform water purification functions, removing contaminants as water flows through sediment and vegetation. This paradigm was challenged when Grant et al. (2001) reported that Talbert Salt Marsh (Figure 1.) increased fecal indicator bacteria (FIB) output to coastal waters, contributing to poor coastal water quality. Like most southern California wetlands, Talbert Salt Marsh has been severely degraded. It is a small (10 ha), restored wetland, only 1/100th its original size, and located at the base of a highly urbanized watershed. Is it reasonable to expect that this or any severely altered wetland will perform the same water purification benefits as a natural wetland? To determine how a more pristine southern California coastal wetland attenuated bacterial contaminants, we investigated FIB concentrations entering and exiting Carpinteria Salt Marsh (Figure 2.), a 93 ha, moderate-sized, relatively natural wetland.(PDF contains 4 pages)

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Approximately two-thirds of coastal and Great Lakes states have some type of shoreline construction setback or construction control line requiring development to be a certain distance from the shoreline or other coastal feature (OCRM, 2008). Nineteen of 30 coastal states currently use erosion rates for new construction close to the shoreline. Seven states established setback distances based on expected years from the shoreline: the remainder specify a fixed setback distance (Heinz Report, 2000). Following public hearings by the County of Kauai Planning Commission and Kauai County Council, the ‘Shoreline Setback and Coastal Protection Ordinance’ was signed by the Mayor of Kauai on January 25, 2008. After a year of experience implementing this progressive, balanced shoreline setback ordinance several amendments were recently incorporated into the Ordinance (#887; Bill #2319 Draft 3). The Kauai Planning Department is presently drafting several more amendments to improve the effectiveness of the Ordinance. The intent of shoreline setbacks is to establish a buffer zone to protect shorefront development from loss due to coastal erosion - for a period of time; to provide protection from storm waves; to allow the natural dynamic cycles of erosion and accretion of beaches and dunes to occur; to maintain beach and dune habitat; and, to maintain lateral beach access and open space for the enjoyment of the natural shoreline environment. In addition, a primary goal of the Kauai setback ordinance is to avoid armoring or hardening of the shore which along eroding coasts has been documented to ultimately eliminate the fronting beach. (PDF contains 4 pages)

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As coastal destinations continue to grow, due to tourism and residential expansion, the demand for public beach access and related amenities will also increase. As a resultagencies that provide beach access and related amenities face challenges when considering both residents and visitors use beaches and likely possess different needs, as well as different preferences for management decisions. Being a resident of a coastal county provides more opportunity to use local beaches, but coastal tourism is an important and growing economic engine in coastal communities (Kriesel, Landry, & Keeler, 2005; Pogue & Lee, 1999). Therefore, providing agencies with a comprehensive assessment of the differences between these two groups will increase the likelihood of effective management programs and policies for the provision of public beach access and related amenities. The purpose of this paper was to use a stated preference choice method (SPCM) to identify the extent of both residents’ and visitors’ preferences for public beach management options. (PDF contains 4 pages)

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Rising global temperatures threaten the survival of many plant and animal species. Having already risen at an unprecedented rate in the past century, temperatures are predicted to rise between 0.3 and 7.5C in North America over the next 100 years (Hawkes et al. 2007). Studies have documented the effects of climate warming on phenology (timing of seasonal activities), with observations of early arrival at breeding grounds, earlier ends to the reproductive season, and delayed autumnal migrations (Pike et al. 2006). In addition, for species not suited to the physiological demands of cold winter temperatures, increasing temperatures could shift tolerable habitats to higher latitudes (Hawkes et al. 2007). More directly, climate warming will impact thermally sensitive species like sea turtles, who exhibit temperature-dependent sexual determination. Temperatures in the middle third of the incubation period determine the sex of sea turtle offspring, with higher temperatures resulting in a greater abundance of female offspring. Consequently, increasing temperatures from climate warming would drastically change the offspring sex ratio (Hawkes et al. 2007). Of the seven extant species of sea turtles, three (leatherback, Kemp’s ridley, and hawksbill) are critically endangered, two (olive ridley and green) are endangered, and one (loggerhead) is threatened. Considering the predicted scenarios of climate warming and the already tenuous status of sea turtle populations, it is essential that efforts are made to understand how increasing temperatures may affect sea turtle populations and how these species might adapt in the face of such changes. In this analysis, I seek to identify the impact of changing climate conditions over the next 50 years on the availability of sea turtle nesting habitat in Florida given predicted changes in temperature and precipitation. I predict that future conditions in Florida will be less suitable for sea turtle nesting during the historic nesting season. This may imply that sea turtles will nest at a different time of year, in more northern latitudes, to a lesser extent, or possibly not at all. It seems likely that changes in temperature and precipitation patterns will alter the distribution of sea turtle nesting locations worldwide, provided that beaches where the conditions are suitable for nesting still exist. Hijmans and Graham (2006) evaluate a range of climate envelope models in terms of their ability to predict species distributions under climate change scenarios. Their results suggested that the choice of species distribution model is dependent on the specifics of each individual study. Fuller et al. (2008) used a maximum entropy approach to model the potential distribution of 11 species in the Arctic Coastal Plain of Alaska under a series of projected climate scenarios. Recently, Pike (in press) developed Maxent models to investigate the impacts of climate change on green sea turtle nest distribution and timing. In each of these studies, a set of environmental predictor variables (including climate variables), for which ‘current’ conditions are available and ‘future’ conditions have been projected, is used in conjunction with species occurrence data to map potential species distribution under the projected conditions. In this study, I will take a similar approach in mapping the potential sea turtle nesting habitat in Florida by developing a Maxent model based on environmental and climate data and projecting the model for future climate data. (PDF contains 5 pages)

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Wilmington is situated on the divide of two major watersheds, the Cape Fear River and the Atlantic Intracoastal Waterway. All surface waters in Wilmington drain to one of these two water bodies and are divided into two groups: tidal creeks and Cape Fear River tributaries. Cape Fear River tributaries drain directly to the Cape Fear River and comprise the western portion of Wilmington’s surface waters. Tidal creeks drain directly into the Atlantic Intracoastal Waterway and make up the eastern portion of Wilmington’s surface waters. (PDF contains 4 pages)

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There is an unequivocal scientific consensus that increases in greenhouse gases in the atmosphere drive warming temperatures of air and sea, and acidification of the world’s oceans from carbon dioxide absorbed by the oceans. These changes in turn can induce shifts in precipitation patterns, sea level rise, and more frequent and severe extreme weather events (e.g. storms and sea surge). All of these impacts are already being witnessed in the world’s coastal regions and are projected to intensify in years to come. Taken together, these impacts are likely to result in significant alteration of natural habitats and coastal ecosystems, and increased coastal hazards in low-lying areas. They can affect fishers, coastal communities and resource users, recreation and tourism, and coastal infrastructure. Approaches to planned adaptation to these impacts can be drawn from the lessons and good practices from global experience in Integrated Coastal Management (ICM). The recently published USAID Guidebook on Adapting to Coastal Climate Change (USAID 2009) is directed at practitioners, development planners, and coastal management professionals in developing countries. It offers approaches for assessing vulnerability to climate change and climate variability in communities and outlines how to develop and implement adaptation measures at the local and national levels. Six best practices for coastal adaptation are featured in the USAID Guidebook on Adapting to Coastal Climate Change and summarized in the following sections. (PDF contains 3 pages)

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The Tanzania Coastal Management Partnership (TCMP) works to implement the National Integrated Coastal Environmental Management Strategy (ICEMS) in Tanzania’s coastal landscapes and seascapes, funded in large measure by the U.S. Agency for International Development. The overarching goal of the Sustainable Coastal Communities and Ecosystems in Tanzania (SUCCESS Tanzania) initiative is to conserve coastal and marine biodiversity while improving the well being of coastal residents through implementation of the Tanzania ICEMS and related ICM policies and strategies. It does this by focusing on three key results: -Policies and Laws that Integrate Conservation and Development Applied -Participatory Landscape Scale Conservation Practiced -Conservation Enterprises Generate Increased and Equitable Benefits from Sustainable Use An additional result sought in the program is gender equity and HIV/AIDS preventive behaviors promoted through communicating HIV/AIDS, environment, and equity messages. (PDF contains 3 pages)

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Rural coastal regions across the United States are coping with dramatic social and environmental changes. Historically, these areas relied heavily on fishing and marine commerce and these economic activities defined the character of coastal communities. However, shifting ocean and climate conditions, together with inadequate management strategies, have led to sharp declines in harvestable marine resources. These trends, along with increasing competition from aquaculture and international sources of fish, have led to the steady decline of fishing as the central economic activity in many rural coastal communities. (PDF contains 3 pages)