issues surrounding the implementation of …the cadastrethe cadastre “…a parcel-based,...

ISSUES SURROUNDING THE IMPLEMENTATION OF A

CANADIAN MARINE CADASTRALCANADIAN MARINE CADASTRAL INFORMATION SYSTEM

Sam Macharia Ng’ang’aG d d G ti E i iGeodesy and Geomatics Engineering

University of New Brunswick

PRESENTATION APPROACHPRESENTATION APPROACH

Briefly review the cadastre

Compare with observations inthe cadastre

concept observations in Canadian MPAs

Draw conclusions and outlineDraw conclusions and outline some issues on the concept of a

Marine Cadastre

Sam Macharia Ng’ang’a

Marine Cadastre

INTRODUCTIONINTRODUCTION

E l i T i l M i C d tEvolving Terminology: Marine Cadastre, Marine Cadastral Information System, M i P t Ri ht I f ti S tMarine Property Rights Information SystemUse of the term in this presentation: A system that facilitates the visualisation of the effect of a laws on the marine environment (i.e., rights, responsibilities, restrictions, and their associated spatial


extents).

THE CADASTRETHE CADASTRE“ a parcel-based and up to date land…a parcel-based, and up to date land information system containing a record of interests in land”(FIG 1998)interests in land (FIG, 1998).

1. The fundamental means of organising data is the cadastral parcel or proprietary land unit i.e. information is collected, stored, referenced and retrieved at parcel level (McLaughlin 1988)retrieved at parcel level (McLaughlin,1988)

2. Objective: provision of institutional data concerning ownership value and use


ownership, value and use.

Images provided courtesy of Dr. John Hughes-Clarke

Ocean Mapping Group UNB Ordinary High

Water MarkWater Mark


DESCRIBING PARCELS IN THE MUSQUASHMUSQUASH

Area – The physical waters of the MPA the watershed etcArea The physical waters of the MPA, the watershed etcOwnership –Two fishing weirs under the same ownership , in the same jurisdiction, and identical in every aspect except th t th l t d di t tthat they are located a distance apart.Government jurisdiction – Area falls under 2 or more administration areas e.g Saint John Port Authority, Saint John g yCity,Musquash Parish, Province of New Brunswick etc.Natural features –Salt marshes, mudflats etc

h i i f ll d i fi hiCharacteristics of present use – Scallop dragging, fishing weirs, fishing shutoffs, clam collection, periwinkle collection etc.


etc.

GENERAL OBSERVATIONS


INFORMATION SOURCESINFORMATION SOURCES

PROVINCIAL AND FEDERAL GOVERNMENT PROGRAMS

SOCIAL SCIENCE AND SCIENTIFIC RESEARCH

LOCAL KNOWLEDGE

MUSQUASH INFORMATION DATABASE


NB PROVINCIAL INTERESTSNB PROVINCIAL INTERESTSDept of Land use location and animal manure Service New Coastal development program, pAgriculture, Fisheries and

management, dyked land, site allocation and tenure administration at marine

Brunswick Submerged lands registry

Department of Health Issues permits to install septic Aquaculture aquaculture sites and associated facilities

Dept of Tourism Beach improvement programs, licenses for

pand Wellness

p psystems and on-site sewage disposal

Culture and Sport License for archeological explorations and Parks Marine ecotourism

Dept of Freshwater aquaculture and fishwaste

pSecretariat

g pand location of protected shipwreck sitesp

Environment and Local

qdisposal, License to store dredged materials and approval for salt marsh proposals,

Department of Natural Resources

Submerged land management activities,permits for devt and


Government License to construct and operate municipal and private water and wastewater systems

improvements,conservation areas etcDept of Transportation Bridges, Wharves , Ramps

MUSQUASH MPA PUBLIC PARTICIPATION TRENDSPARTICIPATION TRENDS

COMMUNITY PARTICIPATION

ValidationPlanningDATA

COLLECTION

COMMUNITY PARTICIPATION

Implementation

SCIENTIFIC ValidationANALYSIS

Validation

DATADATA DISSEMINATION

Planning ImplementationValidation


IMPORTANCE OF PROPERTY INFORMATIONINFORMATION

Steps to DesignationSteps to Designation⇒Areas of Interest (AOIs) Identification⇒Initial Screening of AOIs; ⇒AOI Evaluation and Recommendation; ⇒Development of a management plan;⇒Designation of an MPA;⇒Designation of an MPA;⇒Management of an MPA.

PROPERTY INFORMATION CRITICAL IN ALL THE STEPS


ALL THE STEPS

PROPERTY ISSUES ARISING FROM MPAFROM MPAs

A better understanding of existing federal and provincial interests, together with First Nations, i d t t l i ti dindustry, non-governmental organizations, and community interests, is essential.MPA NGO d itMPA managers,NGOs and community groups involved in the process of planning and designation cannot go to a single source anddesignation cannot go to a single source and discover what interests might exist in a specific area.


HOW DO YOU MODEL THIS?HOW DO YOU MODEL THIS?


TYPES OF INFORMATION

Atmospheric ConditionsAtmospheric Conditions

ShorelineShoreline

pp

Marine BoundariesMarine BoundariesWater QualityWater Quality

Hydrographic FeaturesHydrographic Features

Water ChemistryWater ChemistryWater CurrentsWater Currents

BathymetryBathymetry

Marine BiologyMarine BiologySalinitySalinity

GeologyGeology


FRAMED FROM A PROPERTY RIGHTS PERSPECTIVERIGHTS PERSPECTIVE

Navigation RightsNavigation Rights

Private Property RightsPrivate Property Rights

Navigation RightsNavigation Rights

Development RightsDevelopment Rights

Disposal RightsDisposal Rights

Seabed Use RightsSeabed Use Rights

Fishing RightsFishing RightsDisposal RightsDisposal Rights

Mineral RightsMineral Rights


M i P l ObjMarine Parcel Object

Physical layers

Sea Surface

Water Column

Seabed Subsurface


Marine Parcel ObjectMarine Parcel Object

Resources

Living Non Living



Interests

Rights Restrictions Responsibilities



Interests Lawsdepends

Level of Government Types of InstitutionsLevel of Government Types of Institutions

Federal Informal

Fi t N ti

Provincial Formal

C t


First Nations Customary

Activity Regulated Resource referred to

Legal Regime (Acts)

Legal regime (Regulations)

Interests Vertical Layers

Harvesting fisheries :Harvesting marine

l t D fi i Tid l

Fisheries and Oyster b d M i

Fisheries Act Rights for fisheries and oyster beds:Rights to h t i

Surface, Waters. S b d

Activity Legal Regime (Acts)

Legal Regime (Regulations)

Interests Horizontal Extent

Exploring, drilling, production, conservation, transportation

Canada Oil and Gas Operations Act

Authorises National Energy Board to issue rights for any work or activity related to exploring and drilling for, and

Northwest Territories, Nunavut and Sable Island

plants:Defining Tidal Boundaries

beds:Marine plants:Spatial Extent

harvest marine plants:Rights to define boundaries of tidal waters

Seabed

Removing obstructions for Fish passage:Altering fishery habitat:Fishing for

Artificial obstructions:Fish Habitat:Fishery

Fishery regulations

Remove obstructions to the passage of fish:Authorise alteration of

Surface, Waters, Seabed

p p g gthe production, conservation, processing, and transportation of, oil and gas

Construction and operation

National Energy Board Act

Creates National Energy Board which can issue rights to construct, open, operate

International or interprovincial:connects a province with any other province or provinces or extends beyond the limits fishery habitat:Fishing for

research purposes:Transfering live fish

Habitat:Fishery fish:Authorise alteration of fishery habitat:issue rights to fish for experimental, scientific, educational or public display:Transfer

Seabed

Harvesting and transporting fi h

Fishery and i i

Atlantic Fi h

Rights and conditions for h i d

Surface, W

, p , ppipelines and international and interprovincial power lines (not necessarily offshore);Vary rights issued under Canada Oil and Gas Operations Act

p yof a province or the offshore area

Exploit resources Canada Petroleum Minister to issue interests to any Frontier lands are lands that belong to

VISUALISING THE INFORMATIONfish certain marine

plantsFishery Regulations 1985

harvesting and transporting certain fish species and for harvesting certain plants in the offshore

Waters, Seabed

Exploit resources Canada Petroleum Resources Act

Minister to issue interests to any frontier lands for which the Minister has the administrative responsibility for natural resources: Repeals the Canada Oil and Gas Act

Frontier lands are lands that belong to Her Majesty in right of Canada located in the Northwest Territories, Nunavut or Sable Island,

Canada Oil and Control, management and Canada lands" means territorial lands as

Fishing: Exceptions include fishing for marine mammals and Aquaculture

Fishery Maritime Provinces Fishery Regulations

Authorises Minister to issue rights to fish in Nova Scotia, New Brunswick, PEI and in adjacent C di fi h i t


Canada Oil and Gas Land Regulations

Control, management and administration of Canada lands by providing a grid survey structure for administration of Oil and Gas rights; identifies rights of licence and permit holders

Canada lands means territorial lands as defined in the Territorial Lands Act, and public lands as defined in the Public Lands Grants Act for the sale, lease or other disposition of which there is no provision in the law, and includes land under water; (tCanadian fisheries waters

Fishing: Exceptions include angling and fishing under the Aboriginal Communal Fishing Licences Regulations and under the

Fishery North West Territories Fishery Regulations

Authorises the Minister to issue rights to harvest fish in and around the North West Territories and in the tidal waters of Ontario and


; (

Exploit resources Frontier Lands Registration Regulations

Provides for operation of a system of registration of interests (rights) established under part VII of the Act

Frontier lands are lands that belong to Her Majesty in right of Canada located in the Northwest Territories, Nunavut or Sable Island,

Canada Nova S ti Off h

Creates a Federal –Provincial b d t i d

Specified offshore area in schedule 1,2,3 d 4 ti l LIMITS OF THE


gAtlantic Fishery ManitobaFishing: Exceptions are sport fishing, Aquaculture, fishing for marine mammals and foreign fishing vessels

Fishery Pacific Fishery Regulations 1993

Authorises the Minister to issue rights to harvest fish in Canadian fishery waters of the Pacific ocean


Scotia Offshore Petroleum Resources Accord Implementation Act

board to issue and manage interests (rights) for petroleum resources in a specified offshore area

and 4 repectively as LIMITS OF THE OFFSHORE AREA ;LIMITS OF THE BAY OF FUNDY ;LIMITS OF SABLE ISLAND ;LIMITS OF THE PORTION OF THE OFFSHORE AREA REFERRED TO IN SECTIONS 104 AND 141

SOME TECHNICAL AND INSTITUTIONAL ISSUES TOINSTITUTIONAL ISSUES TO

CONSIDER


3 PRIMARY QUESTIONS3 PRIMARY QUESTIONS

1. WHAT IS THE EXTERNAL BOUNDARY?1. WHAT IS THE EXTERNAL BOUNDARY?2. WHAT IS THE INTERNAL BOUNDARY?3 WHAT RIGHTS?3. WHAT RIGHTS?


Area of Uncertainty Rationale Status Quo

Public Harbours and the outer limits of harbours whether under federal or provincial

LaForest [1969, pp. 49-68] indicated that the physical extent of the various harbours was not addressed by the British North America

The BNA Act provided that on confederation, all public harbours were to be transferred to the Federal p

ownership and control;y

(BNA) Act and thus is the subject of doubt. Government. Many harbours in Canada considered to be owned by the federal government and fall under the definition of Canada Lands

Territorial Seas aro nd the LaForest [1973 at p 468] concl ded that the In Re Ne fo ndland Continental ShelfTerritorial Seas around the Atlantic Provinces and Quebec that may have existed at Confederation (three or twelve nautical miles);

LaForest [1973 at p. 468] concluded that the issue could not be considered as settled in Atlantic Canada; at least in as far as the first three nautical miles are concerned.

In Re: Newfoundland Continental Shelf.(1984), 1 S.C.R. 86, the Supreme Court found for Canada when asked to answer whether Newfoundland had the right to explore and exploit natural minerals and resources on the continental shelfresources on the continental shelf

Areas such as the Bay of Fundy and Northumberland Strait where provincial

Sookbir [1998] did address the situation of the Northumberland Strait between New Brunswick and Prince Edward Island, where

Northumberland strait is viewed as Canada lands. Bay of Fundy is also considered Canada lands although

boundaries were defined as midlines before Confederation;

he argued that the stronger case was that those waters are Canada Lands.

certain activities, such as aquaculture, are under provincial jurisdiction.

Internal Waters enclosed by straight baselines that may be

LaForest [1973, p. 464] stated that the internal waters off the Atlantic provinces before

Reference re Offshore Mineral Rights of British Columbia [1967] S.C.R. 792, and g y

claimed by provinces as "part of the land".

pConfederation...

“included ... all bays and straits, or parts thereof, capable of being enclosed by lines of six marine miles from shore to shore..”

[ ]Re; Ownership of the Bed of the Straight of Georgia, [1984] 1 S.C.R. 388] determined that the federal government owns the bed of the offshore extending from the low water mark excluding inland

t t th t li it f th t it i l


waters to the outer limit of the territorial sea, and the provincial government owns the bed of Juan de Fuca, the Strait of Georgia, Johnstone Strait and Queen Charlotte Strait.

OVERLAPPING JURISDICTIONAL CLAIMS

Higher High Water Large Tides federal MPA boundary

CLAIMS Higher High Water Large Tides - federal MPA boundary

Ordinary High Waterusual limit of private ownershipusual limit of private ownership

Ordinary Low Water(S C t d i i(Supreme Court decisionsOn some federal/provincial issues)

ProvincialNo DevelopmentAnd Limited Use

Lower Low Water Large Tides

Zone


ARTIFICIAL FRAMEWORKSARTIFICIAL FRAMEWORKS


OTHER INFORMATION SYSTEMSOTHER INFORMATION SYSTEMS

Sector Based Information Systems (Environment, Fisheries, Natural Resources, H it )Heritage)Thematic Information SystemsActivity Based Systems (Transportation, Pipelines, Telecommunications, Cables)Integrated Information Systems ( DFO Geobrowser, OPAT)


23rd Annual International

Submerged Lands Management Conference

Halifax, Nova Scotia

September 19-24, 2004

Implementation Of A

Multipurpose Marine Cadastre

United States Department of the InteriorMinerals Management Service

Leasing DivisionMapping and Boundary Branch

Why is it important to implement a Multipurpose

Marine Cadastre?

After Sutherland, 2003

Fishing Rights

Navigation Rights

DevelopmentRights

RiparianRightsPublic Access

Rights

Mineral Rights

Seabed Use Rights

Competing Uses of the MarineEnvironment & it’s Resources

Multiple and often Overlapping Rights

Air Column

Water Surface

Seabed

Water Column

Subsurface

First Nation Rights

26 Existing OCS Planning Areas

OCS Planning Area StatisticsContiguous United

States & Alaska

• Atlantic – 110,595,303 Ha.

• Gulf – 64,479,801 Ha.• Pacific – 98,981,522 Ha.• Alaska – 440,121,082 Ha.

• Total – OPD’s 550• Total – Blocks 316,610• Total – 714,177,708

Ha.

Pacific & Caribbean Areas

• Hawaii, and Johnson and Palmyra Altolls – 194 OPD’s

• Puerto Rico & U.S. Virgin Islands – 20 OPD’s

• Wake Island – 28 OPD’s• Jarvis Island – 21 OPD’s• Howland Island – 25

OPD’s• Guam – 61 OPD’s• American Samoa – 28

OPD’s

• Total OPD’s 377

• Office of General Council

Management Strategies for Implementing a


Strong-Arm Approach Least Desirable Approach

Head-in-the-Sand Approach The Most Popular Approach

Collaborative Approach Most Desirable Approach

Federal Geographic Data CommitteeMarine Boundary Working Group

National Oceanic and Atmospheric Administration:• National Ocean Service Office

of Coast Survey• Coastal Service Center• Office of National Marine

Sanctuaries • National Geodetic Survey• Office of General Council

Department of the Interior:• Minerals Management Service• U.S. Fish and Wildlife Service• National Park Service • Bureau Of Land Management• Office of the Solicitor

United States Coast Guard

Environmental Protection AgencyDepartment of State:• Bureau of Oceans and

International, Environmental, and Scientific Affairs

• Office of the GeographerFederal Communication CommissionDepartment of Defense:• Navy

National Geospatial-Intelligence Agency (Formally NIMA)U.S. Census BureauCoastal States:• Florida

Implementation Of A


August 19, 2002, the Office of Management and Budget (OMB) revised Circular A-16 “Coordination of Geographic Information and Related Spatial Data Activities”

Responsibility for the National Spatial Data Theme “Cadastral (Offshore)” was assigned to the Department of the Interior Minerals Management Service (MMS).

The MMS assumed this responsibility in a Federal Register Notice published on December 2, 2002, (Volume 67, No. 231, page 71588).

August 2004 MMS published on it’s web site ( www.mms.gov/ld/maps.htm ) and Implementation Plan for a Multipurpose Marine Cadastre.

http://www.mms.gov/ld/maps.htm

Objectives in Implementing a Multipurpose Marine Cadastre

The primary objective in implementing a Multipurpose Marine Cadastre is to provide a comprehensive spatial data infrastructure whereby rights, restrictions and responsibilities in the marine environment can be assesses, administered, and managed.

To provide managers access to the best available information to meet management and research missions and/or objectives.

To promote communications between stakeholders.

To promote collaborative partnerships between stakeholders.

To promote the development of standards.

To promote good ocean governance.

Benefits of a Multipurpose Marine Cadastre

The Multipurpose Marine Cadastre will provide the means to define, describe, analyze, and account for every acre/hectare of Federal Offshore Submerged Lands,

will identify overlapping and conflicting rights, interests, and responsibility,

will allow managers and staffs to directly access information and resources necessary to promote and conduct good ocean governance and,

will contain data from the agencies of responsibility.


Multiple Uses of the Outer Continental Shelf

Submerged Lands

Primary Cadastral Data Themes

UTM Grid SystemBaseline (Subset of Coast line)Submerged Lands Act boundaries:• State Seaward boundary• Limit of “8(g) Zone”

Official Protraction Diagrams/Leasing MapsMaritime boundaries• Three Nautical Mile Line• Territorial Sea• Contiguous Zone• Exclusive Economic Zone• UNCLOS – Article 76

Claims

Marine Managed AreasMarine Protected Areas• National Marine

Sanctuaries• National Parks• Wildlife Refuges• National Monuments• Ecological Reserves• Etc.

Supporting Data Themes

Coast line/Shore Line Sand Borrow SitesPipelinesFiber Optic CablesArtificial Reef SitesShipping Fairways and Anchorage AreasMilitary Restricted AreasPlatform LocationsBathymetry

Wind, Wave, and Tidal Energy SitesArcheological SitesCoastal State Lateral boundariesAqua Farm SitesMMS LeasesLiquid Natural Gas (LNG) SitesEtc.

Where Does the Marine Cadastre Begin?

Official Protraction Diagram NM10-07 (Cape Flattery) (Depicting Olympic Coast Nat’l Marine Sanctuary &

International Boundary)


Moving the Multipurpose Marine Cadastre into

State Submerged Lands

Enlargement of Willapa Bay with Marine Cadastre (State of Washington)

SUMMARY

Extremely Necessary Endeavor (Undertaking)BeneficialExtremely ChallengingRewarding

Thank You!

Questions

issues surrounding the implementation of …the cadastrethe cadastre “…a parcel-based,...

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