Leadership Programs:

Offering Depth to the

Coastal Arena

by Kristen M. Fletcher

The leadership instinct you are born with is

the backbone. You develop the funny bone

and the wishbone that go with it.

Elaine Agather, Businesswoman

A leader can be described as a person who

guides or inspires others. Leadership, on

the other hand, is more amorphous, harder

to define, although the American Heritage

Dictionary defines it as the “capacity or abil -

ity to lead" while Dictionary.com states that

leadership is “an act or instance of leading;

guidance; direction." Whether one consid-

ers leadership to be an individual act or an

individual’s ability to inspire, motivate and

offer direction to others, few would debate

that leadership is vital to the fields of work in

sustaining ocean and coastal resources.

Leadership development programs are not

new to ocean and coastal fields. Scientists,

policy-makers, students and executives are

offered training opportunities at conferenc-

es, through their companies or universities,

and through professional organizations like

The Coastal Society. But, what distinguishes

leadership programs that share informa-

tion and resources (a valuable contribution)

from those that truly “develop," that dig

deeper, push us to grow as individuals and

offer insight that translates into the ability to

inspire.

In the interest of full disclosure, I must ad-

mit up front that I am a Senior Fellow of the

TCS Bulletin

Volume 29 (2)

CHOW

2007

By Ellen Gordon

Capitol Hill Oceans Week (CHOW) was

held this year on June 5, 6 and 7. Now in its

seventh year, this annual event provides a

forum for key stakeholders to discuss impor-

tant ocean and coastal issues. The program

facilitates the exchange of knowledge and

ideas about ocean issues and policies. Topics

this year included:

A Legislative Agenda: Charting the

~

Course

Hydrography: It’s Not just for Charting

~

Anymore

Sounds in the Seas: Acoustics and Ma-

~

rine Mammals

Census of Marine Life: Incorporating

~

Biological Data in Ocean Observations

The Economics of Coastal Communities

~

Ecosystem-based Management: A Com-

~

prehensive Approach

NOAA Past and Present: A Conversation

~

with NOAA’s Administrators

Ocean Management: Planning for the

~

Future

The keynote speaker for the kickoff panel

on the legislative agenda was the Honorable

Leon Panetta. He served as White House

Chief of Staff to President Clinton from 1994-

1997; prior to that he was Director of the

Office of Management and Budget and before

that, he represented California’s 16th District

in the U.S. House of Representatives for eight

years. Mr. Panetta was also Chair of the Pew

Oceans Commission, which culminated in a

report to the nation in May 2003, advocating

for fundamental change in the nation’s pos-

INSIDE

Message from the

President....................

2

From the Editor's

Desk ...........................

3

TCS

21

..........................

3

NewsNotes.................

6

Chapter Voices...........

8

Annual Report..........

10

TCS

Internships...............

12

Chapter

Updates.....................

13

Upcoming

Conferences..............

14

Board of

Directors...................

15

continued on page 4

continued on page 5

President’s Message

TCS 29 (2)

Dear TCS Member,

As I write this quarter’s letter to you, I am sitting on the ferry returning from Block Island to the mainland of Rhode

Island. (I know what you’re thinking but despite its small size, Rhode Island has plenty of mainland!) While I was on

Block Island for the purpose of introducing conservation easements and other marine conservation tools to law stu-

dents, I took note of the wide variety of people enjoying their treasured parts of the island from beaches, bike paths,

and hiking trails to shops and ice cream parlors.

The island is experiencing the usual summer inundation, full of coast-lovers that our conservation guide sheepishly

terms “tourons," arriving in droves around July 4th and visiting until Labor Day, our holiday-defined calendar for

summer. The students and our host shared stories of childhoods spent on the coast, an emotional connection to a

place often passed from generation to generation. Others found their love for the ocean later – but find it, they did!

Surfing, sailing, seahorses and seagulls draw people to precious coastal resources by the millions.

But, to look closer at Block Island is to see change at a scale that a 10 square mile island is possibly too small to han-

dle: from the population, which swells from approximately 800 in the winter to 12,000 in the summer, to the size of

homes, swelling from a more-than-modest 1,200 square feet for year-round residents to multi-thousand square feet

for newly-constructed homes often enjoyed seasonally. Two proposals for increased private dock slips has drawn

regional attention to this island and, of course, kept the lawyers busy.

And, this is Block Island, Rhode Island – a state and region with resources, both natural and financial. Imagine then

a similarly sized island in the Pacific without a supportive tax base or sophisticated fundraising techniques or tested

legal tools to conserve key tracts of land and ecosystem services. It begs those of us who work on coastal resource

issues not to separate people, economics, and culture from the environment as they are intricately and necessarily

intertwined.

The TCS 21 Conference Planning Committee is discussing creative ways to address these issues through analysis of

the human footprint on coastal areas at our 2008 conference in the unique urban environment of Redondo Beach,

along the coastal edge of Los Angeles County, California. Redondo Beach has a population of over 63,000, a total

area of 6.35 square miles, and a median home price of approximately $785,000. What better place to discuss the

impacts and permanence of our footprints than a coastal city dotted with fifteen parks, a large recreational and com -

mercial harbor (including the 1,500 -slip private craft port known as King Harbor), piers, and miles of bathing and

surfing beach – all located twenty miles from downtown Los Angeles. Challenges abound including mitigation of

the impacts of this city and LA County to the coastal and marine environment, ensuring public access to the coastline,

and addressing questions of equity in a wealthy county in California which is often considered “a region unto itself."

In the midst of this urban environment, the conference planners hope to push the traditional boundaries of our think-

ing about coastal resources and the footprints that we inevitably leave on the natural environment and our fellow

humans. It is difficult for those of us in the marine world to imagine living within 20 miles of the coast yet never

breathing fresh salty sea air or experiencing the magic of ocean waves. But, indeed, there are people who lack the re-

sources to get to the coast, who don’t understand its significance in their lives, because they live in communities facing

pollution, failing schools, or violence. At TCS 21, we will enter a dynamic part of the U.S. with challenges that mirror

those in many parts of the world, offering us an excellent opportunity to share lessons and techniques and to travel

outside of our comfort zone of sand beneath our feet to other views of coastal life.

I invite you to become a part of this discussion pre-conference, to join the planning committee or just offer sugges-

tions for topics, panels, or meeting techniques that will challenge conference attendees to learn, stretch and grow. It’s

The views expressed herein are those of the authors and do not necessarily represent TCS nor its Board.

continued on page 3

TCS BULLETIN

VOLUME 29 (2) 2007

2

a great way to get involved in TCS and advance its important mission, whether you have a few hours a month to share

ideas on the monthly committee conference call or want to dedicate more time by taking on a leadership role in the pro-

gram or planning.

As the ferry nears the mainland, I will sign off with best wishes to each of you for a wonderful summer,

GOT CONFERENCE. Ideas, that is! Please e-mail me at kfletcher@rwu.edu and I will add you to the growing list of

talented planning committee volunteers!

From The Editor’s Desk

TCS 29 (2)

The summer solstice has passed (here in the northern hemisphere) and the “dog days of summer" have arrived. In the

piedmont country where I live, green is the dominant color, tomatoes are just beginning to come ripe off the vine, local

peaches started showing up yesterday at the farmers markets and the sweet corn should begin next week. It is a time

of fresh, local abundance, kids free from school, and dreams of lazy summer vacations at the beach.

As promised in the last issue, we’re kicking off a new periodic feature, Chapter Voices. Although the Bulletin always

includes brief updates from the chapters, this column will be a specific opportunity for a lengthier report on anything a

chapter is involved in that might be of interest to other students and to TCS members in general. The inaugural piece

written by Christine Patrick, former co-President of TCS-URI, explains the rather complex history of the right-of-way

that the URI chapter has been trying to adopt.

You’ll also find a brief announcement (and glorious island photo) of our very newest chapter, at the University of

Hawaii. They are already a busy group; we’ll have a lengthier description of their activities in the next issue of the Bul-

letin. I hope you’ll enjoy all our regular reports and articles as well.

- Kristen M. Fletcher

TCS President

continued from page 2

TCS

21

The Coastal Society’s 21st International Conference

Sunday, June 29-Wednesday, July 2, 2008

Crowne Plaza Redondo Beach, Los Angeles, California

Calling all volunteers: Those with ideas, energy and/or interest in serving on the TCS21 Planning Committee are asked

to send an email to Kristen Fletcher, kfletcher@rwu.edu regarding their interest. Planning Committee conference calls

will take place approximately once a month beginning in May 2007. Thanks! We look forward to seeing everyone next

summer!

- Ellen Gordon, TCS Editor

ellen@gordonballard.com

TCS BULLETIN

VOLUME 29 (2) 2007

3

Leadership Programs

TCS 29 (2)

a 2007 ELP Fellow in Boston, joined “for the opportunity

to push myself (or get pushed!) out of my comfort zone

and increase my exposure to other people wanting to make

things happen too."

ELP is but one of several programs targeting environmen-

tal professionals at all career stages from graduate study

to middle and late career, recognizing that both green and

more seasoned individuals have leadership potential and

can serve as assets to the environmental community. For

example, the Switzer Environmental Fellowship Program

supports highly talented graduate students in New Eng-

land and California whose studies are directed toward

improving environmental quality and who demonstrate

leadership in their field, providing a one-year $15,000 cash

award for graduate study as well as networking and leader-

ship support.

Other programs are more focused, through a particu-

lar field, skill set, or group of people in order to address

emerging environmental needs. Begun in 1998, the Aldo

Leopold Leadership Program trains environmental sci-

entists to be more effective communicators of scientific

information through three years of expert instruction and

consultation, hands-on communication projects, and peer

networking. Also using the strategy of focused training,

the Sustainability Institute's Donella Meadows Leader-

ship Fellows Program provides training for women in

systems thinking, organizational learning and leadership

for sustainability, and environmental and social issues.

Universities, governments and nonprofits from develop-

ing nations can also take advantage of unique programs

for their employees like the Watson International Scholars

of the Environment Program at Brown University, which

convenes environmental leaders from faculties, govern-

ments and NGOs throughout the developing world. The

program offers a 3.5 month intensive program in sustain-

able ecosystem management to enhance mastery of critical

concepts, relevant tools and transferable processes neces-

sary for successfully managing ecosystems.

These types of leadership programs also recognize the

maintenance necessary to sustain leaders, both individual

maintenance as well as that of the program. ELP notes

that it “considers the active two-year fellowship as only

the first phase of a lifecycle of support and participation in

ELP" with fellows becoming part of a dynamic network of

Senior Fellows once the initial 2-year fellowship is com-

pleted. The Beahrs Environmental Leadership Program at

the University of California, Berkeley, supports post-pro-

Environmental Leadership Program (ELP), having been a

fellow from 2003 to 2005. The two-year fellowship includ-

ed committing to 4 retreats, the writing and maintenance

of a personal leadership plan, interacting with fellows in

and outside one’s area, and the optional undertaking of an

activity fund project. Moved by the experience, my activity

fund project for 2004 was the Institute for Future Coastal

Leaders at TCS 19 in Newport, designed as a “mini-ELP"

for students attending the conference, to introduce stu-

dents of different disciplines to facilitation and problem-

solving skills in the context of coastal management.

Though reasons for participating in a leadership develop-

ment program differ, many people are looking for more

out of their career opportunities and a way to connect with

others in their field who might offer different perspectives.

TCS Member Kate Killerlain Morrison was recently named

a 2007 ELP Fellow in the program’s Boston Regional

Network. Morrison is participating in a leadership devel-

opment program because “such training was not available

to me as a state government contract employee and [I] was

seeking guidance after the passing of my mentor. ELP was

attractive because it combines traditional leadership train-

ing (public speaking, working with the media, negotiation,

etc.) with difficult discussions about the evolving environ-

mental movement, combined with social justice issues of

gender, race and class." TCS Member Wendy Waller, also

continued on page 5

continued from page 1

TCS BULLETIN

VOLUME 29 (2) 2007

4

Leadership Programs / CHOW

TCS 29 (2)

gram collaborative projects within its growing alumni base

through its Small Grants Initiative, funding projects in de-

veloping nations through collaboration with UC Berkeley.

These programs recognize their own need for collaboration

and organizational development, to stay relevant to the

changing needs of the environmental movement. Created

in 2001, the Environmental Leadership Collaborative gave

leadership development organizations a formal network

to develop and expand the leadership capacity of the

environmental movement. The organizations referenced

above “believe that effective leaders spur environmental

progress, and that these leaders … need to be equipped to

build the networks, partnerships, and public leadership

necessary to push for broad environmental change."* The

Collaborative now has eighteen member organizations that

share resources and information, collaborate on projects

related to environmental leadership development, and

jointly market the various leadership programs.

Leadership Development Programs are growing in diver-

sity and sophistication. No longer a one-time training on

management, these programs recognize the interaction,

resources and time for reflection necessary for leaders

to address evermore complex environmental problems.

Coastal and ocean fields can take advantage of this wealth

of opportunities through its emerging and existing leaders.

For information on the Environmental Leadership Collab-

orative and its member organizations noted in this article

visit, http://www.elcleaders.org/ and its members’ page at

http://www.elcleaders.org/participants.html.

*Environmental Leadership Collaborative, Leadership for

Sustainability: Developing Leaders for the Environment

at 5 (2005) [available at http://www.elcleaders.org/EL-

Creport.html].

Kristen Fletcher is Director of the Marine Affairs Institute

and the Rhode Island Sea Grant Legal Program at Roger

Williams University School of Law where she conducts and

directs legal research and outreach on marine resource

and management issues including the Public Trust Doc -

trine, submerged lands conservation, and fisheries law

and policy. She also is proudly serving as President of The

Coastal Society.

Leadership Programs

continued from page 4

ture toward its oceans. His rather extensive political and

ocean resume made him a logical keynote speaker.

Mr. Panetta charged the audience with ensuring, “…that

we do everything possible to protect this remarkable re-

source that occupies 75% of our planet." He made it clear

that we must find ways to mobilize the attention of the

public on the problems confronting our ocean; e.g., ensur-

ing that anyone who delights in whale-watching also comes

to understand the crisis confronting our oceans, indeed

confronting our whole planet, and becomes active in seek-

ing out solutions. He made clear his belief that the soul

of our country depends on our building a consensus that

looks toward the future--our children’s future.

Since the publishing of the Commission reports, Mr.

Panetta suggested that some encouraging steps have been

taken; there have been some successes. But there is much

left to be done; he recommended three major changes that

must begin soon:

1) Strengthening ocean governance

2) Affirming the Law of the Sea

3) Acknowledging climate change

The panel that followed his presentation was comprised of

several hill staffers, representatives from two non profits,

as well as executive branch agencies. Each panelist offered

their view of the legislative agenda. While their outlook

varied, all expected a full agenda over the next couple of

years.

The remainder of the week brought a varied array of dis-

cussions, luncheons and awards ceremonies. Hosted by

the National Marine Sanctuary Foundation, the event is

their largest effort of the year, and is intended to strength-

en and build bridges between the private and public sec-

tors, with the goal being betterment of the ocean. http://

www.nmsfocean.org/chow2007/indexpasttense.html#1

CHOW continued from page 1

TCS BULLETIN

VOLUME 29 (2) 2007

5

NewsNotes

TCS 29 (2)

Scientist Says Sea Level Rise Could Accelerate

From EUCC News: Data from satellites is showing that sea

level rises and polar ice melting might be worse than earlier

thought, a leading oceanographer said on March 12. Eric

Lindstrom, head of oceanography at the National Aero-

nautics and Space Administration (NASA) stated this at

the sidelines of a global oceans conference in Hobart. "All

indications are that it's going to get faster." Rapid advances

in science in the past five years on polar ice-sheet dynamics

had yet to filter through into scientific models, Lindstrom

said. He also pointed to huge splits in Antarctic ice shelves

in 2002, then seen as once-in-100-year events that cre-

ated icebergs bigger than some small countries. The mega

icebergs were first thought not to affect global sea levels be-

cause the ice broke off from shelves already floating on the

surface of the ocean. But the disintegration of ice shelves

that had blocked the flow of ice from the Antarctic conti-

nent could allow sudden flows by glaciers into the ocean,

raising sea levels. What we're learning is that ice isn't slow.

Things can happen fast," Lindstrom said. "If the (polar) ice

sheets really get involved, then we're talking tens of meters

of sea level - that could really start to swamp low-lying

countries," he said. www.planetark.com/dailynewsstory.

cfm/newsid/40821/newsDate/13-Mar-2007/story.htm

U.S. Accuses Europe of Overfishing Tuna in

Atlantic

Excerpted from New York Times article by James Kanter:

U.S. officials would like the European Union to do more to

stop the overfishing of Atlantic bluefin tuna. Bluefin tuna

that spawn in the Mediterranean and the Gulf of Mexico

mix extensively in the North Atlantic, so European catches

may consist of significant numbers of bluefin tuna origi-

nating in waters around the United States. Europeans

must “get control of their fleets, and if they reach their

quotas they’ve got to shut down the fisheries," said William

Hogarth, the director of the fisheries service of the National

Oceanic and Atmospheric Administration. However, tuna

experts like Carl Safina, Pew Fellow and the president of

the Blue Ocean Institute, place much of the blame for the

collapse in west Atlantic bluefin tuna stocks on the United

States, which, he said, continues to allow fishing in spawn-

ing areas in the Gulf of Mexico. Because of the criticism,

the European Union governments decided to put expert ob-

servers on 20 percent of each country’s vessels over 15 me-

ters, or about 49 feet, to check catches and spot vessels us-

ing illegal fishing practices. European Union governments

also pledged to ban the use of aircraft to locate shoals of

tuna. But conservationists sharply criticized the overall

plan, largely because the bluefin tuna quota shared between

many European nations was roughly twice the limit stipu-

lated by the International Commission for the Conservation

of Atlantic Tuna’s scientific advisers. Conservationists like

Mr. Safina are calling for an Atlantic-wide, five-year mora-

torium on bluefin tuna fishing and the closing of spawn-

ing areas in the Gulf of Mexico to fishing techniques that

could kill bluefin. http://www.nytimes.com/2007/06/25/

business/25tuna.html._r=1&oref=slogin

Britain Looks to Boost Wind, Wave and Tidal

Power

Excerpted from EUCC News: Britain published new plans

on March 15 to streamline the development of offshore

wind, wave and tidal power projects, while still protect-

ing wildlife, as part of the fight against global warming.

While onshore wind farms are sprouting up all over Britain

in the race to develop clean sources of power, offshore

wind, which is much more expensive is only now starting

to develop. Wave and tidal are even further behind. The

white paper policy document, proposes a strategic marine

planning system to set national objectives and priorities for

offshore developments. It also aims to speed up the marine

licensing process and creates a new oversight body, the

Marine Management Organization, to ensure that propos-

als for wind and wave power developments are in the right

place and do not threaten wildlife. Carbon-free energy

resources along the coast involve hazards for wildlife.

www.planetark.com/dailynewsstory.cfm/newsid/40891/

story.htm

More than 1/3 of U.S. Estuaries in Poor Condition

Excerpted from Reuters News Service article by Lisa

Lambert: More than a third of the coastal waters that link

America’s rivers and oceans are in poor condition, the

Environmental Protection Agency said recently in a re-

port, with Puerto Rico and the Northeast coast faring the

worst. The EPA analyzed 1,239 sites in its first survey of

the country's 28 major estuaries, In estuaries in North-

eastern states, between 10 and 20 percent of the water was

polluted, and more than 15 percent of the sediment was

contaminated, the survey found. More than 10 percent of

the organisms and fish in the estuaries facing the northern

Atlantic Ocean suffered from chemical contamination.

Estuaries in the Southeastern states were in the best condi-

tion, the report said. Less than 10 percent of the water was

polluted and about 5 percent of the sediment showed signs

of toxins. The survey also found that the entire San Juan

Bay Estuary in Puerto Rico was in poor condition. Estuar-

ies provide more than 75 percent of the US commercial fish

catch, according to the EPA, and the fisheries are worth

more than US$1.9 billion. http://www.planetark.com/dai-

lynewstory.cfm.newsid=42456&newsdate=07=June-2007

continued on page 7

TCS BULLETIN

VOLUME 29 (2) 2007

6

From EUCC News: Overfishing of big sharks in the North-

Atlantic has cut stocks by 99 percent, dooming North

Carolina's bay scallop fishery and threatening other spe-

cies including shrimp and crabs, researchers reported on

March 29. With most of the great predatory sharks - bull,

great white, dusky and hammerhead – gone from Atlan-

tic waters, the rays and skates the sharks normally feed

on had a population explosion, the scientists said in the

journal Science. Bull, dusky and hammerhead sharks have

declined by more than 99 percent between 1970 and 2005.

This coincided with a rise in Asian demand for shark fins

for medicinal uses and for food. Shark fins currently sell

for about US$22 a pound. Now that the ravenous rays and

skates have feasted on bay scallops, they are likely to look

for food in protected areas along the coast where other

fish and shellfish shelter in their early months of life. If

rays and skates prey on these shellfish and some of the

young grouper and snapper fish that begin their lives in the

seagrass, these species could also be threatened, Peterson

said. The overfishing of sharks may be a consequence of a

previous overfishing of cod. When fishing agencies looked

for an unexploited resource to replace cod as a mainstay,

they settled on shark about 25 years ago. www.planetark.

com/dailynewsstory.cfm/newsid/41158/story.htm

Supreme Court Decides Endangered Species Not A

Factor In Clean Water Act Transfer Decisions

Excerpted from a Marten Law Group article by Jessica

Ferrell: A closely divided U.S. Supreme Court held, 5-4,

that the Endangered Species Act (“ESA") does not require

the U.S. Environmental Protection Agency (“EPA") to

consider ESA-listed species when transferring Clean Water

Act (“CWA") permitting authority to states. In National

Association of Home Builders v. Defenders of Wildlife

(“Defenders"), the Court reversed the Ninth Circuit Court

of Appeals on grounds that transferring CWA authority is

non-discretionary, and federal agencies need not consider

ESA-listed species when taking non-discretionary actions

under statutes, such as the CWA, that do not independent-

ly require such consideration. Although EPA has already

transferred CWA permitting authority to most states, De-

fenders could extend well beyond CWA transfer decisions.

The rule applied in the opinion requires federal agencies

to consult with the appropriate wildlife service regarding

species impacts only with respect to non-discretionary ac-

tions, and subjects only those actions to the ESA’s prohibi-

tion against jeopardizing listed species and critical habitat.

The decision raises questions about application of the “no

discretion, no consultation" rule arising from Defenders

elsewhere – particularly in the ongoing court-supervised

remand under ESA Section 7(a)(2) regarding the Federal

NewsNotes

TCS 29 (2)

The Department of Energy Announces Wind En-

ergy Partnership With Texas and Massachusetts

From CSO Weekly: The Department of Energy (DOE) an-

nounced plans to provide up to $4 million to help launch

wind-turbine testing centers in Massachusetts and Texas.

DOE said increased testing of blades as long as 100 meters,

twice the length of blades that are currently available, is

needed to help wind power provide 20 percent of U.S.

generating capacity. Wind capacity is growing quickly but

accounts for less than 1 percent of U.S. electric power.

The Commonwealth of Massachusetts Partnership and

the Lone Star Wind Alliance will each get up to $2 mil-

lion worth of testing equipment to develop the facilities,

DOE said. The two groups are entering agreements with

DOE's National Renewable Energy Laboratory to estab-

lish the centers. Both are expected to begin operations in

2009. The total costs for the projects are $20 million each,

with the balance of the funding coming from state-based

groups. The Massachusetts group is pledging $13 mil-

lion in grants and loans and also has created a $5 million

reserve for future blade research and testing. The Texas

group has pledged roughly $18 million in state and private

capital.

Chinese Hunger for Reef Fish Emptying Asian

Seas

From EUCC News: Turquoise fish with red dots stare at

hungry tourists from a tank at a restaurant in Hong Kong,

the capital of the world's live reef fish industry, a lucrative

trade devastating reefs across the Pacific Ocean. China is

where the demand for live reef fish is particularly heavy,

and where it is also expected to grow. A lot of the reef fish

that come into Hong Kong are re-exported into China.

Considered a delicacy, demand for coral fish has exploded

in line with China's booming economy and some species

such as the hump head wrasse are already endangered.

Restaurant fish tanks in Hong Kong are filled with exotic

fish species gathered from all around Southeast Asia,

Australia and even remote Pacific islands, such as Fiji

and Vanuatu. With the marine stock already exhausted in

nearby waters, Hong Kong traders are reaching far and

wide for increasingly rare fish such as groupers, snap-

pers and hump head wrasse, spreading the unsustainable

fishing habit across the Pacific. Large parts of reefs in the

Philippines, Indonesia and Malaysia are becoming void of

marine life as a result of over fishing and the use of cyanide

to catch fish alive. www.planetark.com/dailynewsstory.

cfm/newsid/41079/story.htm

Overfishing of Big Sharks Threatens Entire Eco -

system and Fishing Itself

continued on page 8

continued from page 6

TCS BULLETIN

VOLUME 29 (2) 2007

7

Chapter Voices

TCS 29 (2)

Columbia River Power System. As a practical matter,

Defenders allows EPA to continue transferring NPDES au-

thority to states without completing consultation under the

ESA. Environmentalists and others worry that the decision

could have broader implications, creating a loophole in

the federal government’s duty to protect listed species and

critical habitat. After Defenders, it is unclear what federal

actions – aside from affirmative actions that are unques-

tionably discretionary – will be subject to consultation and

the ESA’s no-jeopardy mandate. http://www.martenlaw.

com/news/.200770627-cwa-transfer-decision

continued on page 9

continued from page 7

Right-of-Way Adoption

By Christine Patrick, Past Co-President

TCS - University of Rhode Island (URI)

In the fall of 2006, TCS-URI Co-Presidents Dan Robinson and Chrissy Patrick started a project to adopt a right-of-way

in Rhode Island, a project that turned out to be far more complicated than they expected. With the input of the TCS-URI

officers and members, Dan and Chrissy began efforts to adopt the Rhode Island right-of-way with the most resonance to

students of Marine Affairs. The obvious choice was Black Point, in Narragansett, RI, a property equally well-known to

many Rhode Island residents less transient than URI students. The controversy over the property that took place in the

1980s and 90s had been studied extensively by Dennis Nixon, a lawyer and Marine Affairs professor who also serves as the

Associate Dean of the College of Environment and Life Sciences at URI. Although the right-of-way had been a central issue

in the controversy, almost twenty years later its status is still not definitively determined.

In 1984, a subsidiary of the Downing Properties Company purchased sixty-seven oceanfront acres in Narragansett, which

contained the 44.6 acres known as Black Point. In July 1986, responding to Downing’s request, the Town of Narragansett

made a special zoning exception to allow for the condominiums that Downing wished to build. However, this exception

came with fifteen stipulations, including the requirement that construction begin within a year, and that Downing had

to maintain the public right-of-way on the property. Downing immediately appealed the right-of-way portion of the new

restriction, challenging it on several grounds. While the appeal was pending, the year specified for beginning building was

quickly passing. In April of 1987, the Rhode Island Superior Court found that the Town of Narragansett did not have the

authority or jurisdiction to designate rights-of-way; only the state’s Coastal Resources Management Council (CRMC) did.

However, July 1987 passed without Downing having begun construction, breaking one of the fifteen stipulations.

In November 1987, the Town of Narragansett changed the zoning of the area, severely restricting building in the coastal

zone and preventing the possibility of condominiums being built. Meanwhile, the CRMC held public meetings on the

potential right-of-way on the property. These meetings eventually culminated in the CRMC designating the Black Point

right-of-way in May 1989. Downing immediately filed a lawsuit contesting this decision in Superior Court, but the end of

Downing’s plans for the Black Point area was drawing near. With the appeal pending, on July 7, 1989, the Rhode Island

Department of Environmental Management (DEM) condemned the property and gave notice that the state would take it

by eminent domain.

What followed in Rhode Island courts was a battle over how much DEM owed Downing for the property. This series of

cases, which did not end until 1996, are well-known; the appeal that Downing filed, opposing the CRMC’s designation of

the right-of-way in May 1989, disappeared from notice.

Although one might expect that the right-of-way is obviously settled now that the DEM oversees the public land, the real-

ity is far more clouded. The CRMC lists the Black Point right-of-way as “on appeal" in its own records, and a Rhode Island

Black Point, Narragansett, RI

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Sea Grant website similarly notes, perhaps based on CRMC

records, that “the CRMC decision is being challenged

through the courts." Unlike other rights-of-way, Black

Point does not appear on the Narragansett Tax Assessor’s

official maps, though it is clear on the maps that the rel-

evant plats are owned by the State of Rhode Island. In ad-

dition, Dan and Chrissy could not locate any court records

that stated the appeal had been dropped or resolved.

Still, as Dean Nixon noted in a 1990 article on the Black

Point area, given the evidence presented in public meetings

and court cases, “it would be difficult to construct a hypo -

thetical situation" for the right-of-way not existing. “If the

court will not recognize dedication [of a right-of-way] here,

the doctrine must be considered all but dead in Rhode

Footpath to Bass Rock

Island," he wrote. In addition, although Downing had previously argued that a right-of-way on the property would severely

diminish its value, during the takings cases in the 1990s, they reversed course and claimed that the designated right-of-

way was acceptable and would not reduce the value of the land. Therefore, they argued, DEM owed them more than had

already been paid to them.

While it is clear that Black Point is now state property and therefore a public accessway, the right-of-way question is not

answered. Rights-of-way, after all, exist on the property itself and are not connected to the property owner. Therefore,

should DEM ever decide to sell Black Point, the right-of-way question would certainly need to be answered. Moreover, the

CRMC is charged with maintaining and expanding public access to the shore and it is in the agency’s interest to resolve a

right-of-way on appeal.

The University of Rhode Island Chapter of The Coastal Society has written a letter to the Acting Assistant Director of

DEM, asking that DEM work with CRMC to finally, after so many years, resolve the status of the Black Point right-of-way.

While the chapter waits for the conclusion of this question, it will move forward in another arena. Working with the CRMC

and the Town of Narragansett, it will soon officially adopt the Bass Rock right-of-way, an uncontested access point just

under two miles north of Black Point.

Downing Ocean Road, Inc., et al. v. Narragansett Zoning and Platting Board of Review, et al. MP No. WM 86-403, Superior Court of Rhode Island,

Washington; 1987 R.I. Super. LEXIS 187. April 7, 1987, Decided and Filed.

Ocean Road Partners et al. v. State of Rhode Island et al. No. 91-616, Supreme Court of Rhode Island, 612 A.2d 1007; 1992 R.I. LEXIS 179. July 15,

1992, Decided and Filed.

Rhode Island Coastal Resources Management Council Subcommittee on Rights-of-Way. June 2006. Designation of Public Rights-of-Way to the

Tidal Areas of The State. http://www.crmc.state.ri.us/pubs/pdfs/row2006.pdf (accessed 6/29/07).

Rhode Island Sea Grant. A Daytripper’s Guide to Rhode Island. http://seagrant.gso.uri.edu/daytrip/narragansett.html (accessed 6/29/07).

Rubin, Michael and Dennis Nixon. 1990. Shoreline Access in Rhode Island: A Case Study of Black Point. Marine Law Review 42 (1): 95-113.

Town of Narragansett Tax Assessor’s Office. Map T04 (accessed 11/06).

Christine Patrick is Past Co-President of the TCS-URI Chapter and current TCS-NOAA intern in NOAA's Habitat Protec-

tion Division in Silver Spring, MD. In February 2008, Christine will begin the Dean John Knauss Marine Policy Fellow-

ship.

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2007 Annual Report of The Coastal Society

The Coastal Society is an organization of private sector, academic, and government professionals and students dedi-

cated to actively addressing emerging coastal issues by fostering dialogue, forging partnerships, and promoting com-

munication and education.

TCS 20th International Conference Held May 14 - 17, 2006, St. Pete Beach, Florida

The conference theme, “Charting a New Course: Shaping Solutions for the Coast," was reflected in the plenary sessions

which focused on innovative solutions to problems faced in coastal and ocean management, especially those placed on the

coasts by our energy needs. Despite a full schedule of concurrent sessions presenting solutions to challenges in land use,

conflicting ocean use governance, integrating science into coastal decision-making, mitigating hazards and changing be-

haviors, there was time for the nearly 300 attendees to visit field sites to see first hand solutions to balanced use, restora-

tion, conservation and beach nourishment problems. The conference was sponsored by a broad range of state and federal

agencies and non-governmental organizations indicating its importance to coastal management professionals in public,

private and academic sectors. TCS members gathered for breakfast at the Annual Membership Meeting and learned of the

future plans for expanding activities and involving members. Following the conference a special issue of the TCS Bulletin

reported the conference events and presentations.

The first Robert W. Knecht Award for Outstanding Professional Promise was created to recognize a rising professional in

the field of coastal and ocean management who, early in his or her career, best emulated the vigor, dedication, vision and

generosity of Robert W. Knecht. The award reflects the TCS goal of helping students transition into their career field. It

was awarded at the conference to Kate Killerlain-Morrison, Massachusetts Coastal Zone Management Program.

The next biennial meeting will be held in June, 2008, at the Crowne Plaza Redondo Beach, within easy access of the Los

Angeles, CA airport.

Coastal Resource Recovery Fundraiser Awards Made

In response to the devastation wrought by Hurricanes Katrina and Rita, TCS initiated a new fundraising effort to contrib-

ute to existing coastal resource protection, restoration and education projects underway in Louisiana, Mississippi, and

Alabama. Approximately $2,100 was raised at the TCS 20 conference, and awarded via a competitive selection process to

coastal resource projects run by the Alabama Coastal Foundation, the Coalition to Restore Coastal Louisiana, and the Mis-

sissippi Coast Audubon Society. These organizations will be reporting back to TCS via articles in the Bulletin. TCS plans to

continue to raise funds and award them competitively to assist local coastal communities in areas of need.

Healthy Financial Outlook

TCS began the year with $20,555 in assets, and ended on 12/31/06 with $62,031, due to a successful conference. Funds

collected for the Coastal Resource Recovery Fund are kept separate from the operating funds, although they are included

in the total assets. TCS lent financial support to its chapters through sponsorship of chapter events and student travel

funding to the TCS conference. It also supported events during the annual Coastal and Ocean Managers Week in Washing-

ton, DC. The Board has adopted a biennial budget for 2007-2008 to plan for both a conference and non-conference year.

Member Services and Involvement

Membership in TCS grew from 338 at year end 2005 to 356 at year end 2006. Part of this increase was from conference

attendees and part from student chapter growth. More members are using the convenience of the online credit card option

via PayPal to join or renew their membership. Member communications has gone almost entirely to electronic format, in-

cluding membership renewal reminders, weekly announcements and the quarterly newsletter. A survey of the membership

in the fall asked for preferences in membership services and benefits, and feedback on the future direction of TCS. The

results were used to guide the TCS Board in their planning and will be reported to the membership in 2007.

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New Officers and Directors Elected

The following individuals were elected to serve TCS beginning January 1, 2007:

President-Elect: Jeff Benoit, Director of Coastal and Ocean Programs at SRA, International (VA)

Secretary: Amy Blizzard, Assistant Professor, Planning Program, Department of Geography, East Carolina University (NC)

Director: Rick Burroughs, Professor, Department of Marine Affairs, University of Rhode Island (RI)

Director: Tali Engoltz, Coastal Resource Scientist, Coastal Management Program, New Jersey Department of Environ-

mental Protection (NJ)

Director: Susan White, NOAA National Centers for Coastal and Ocean Sciences’ Hollings Marine Lab, Charleston (SC)

Chapters

There are five chapters affiliated with TCS: Cascadia (CA, OR, WA, BC), Duke University, University of Washington, East

Carolina University, and University of Rhode Island. The chapters had an active year of hosting speakers, holding net-

working events, presenting papers and posters on research done, fund raising for local charities, and conducting com-

munity service projects. The chapters supported TCS by helping to plan and attending the conference. A special workshop

was held during the conference to connect chapters with each other and to share ideas about both chapter functions and

ways to strengthen the relationship with TCS. Look for more chapters to request affiliation with TCS in the next year.

Initiatives Begun

The following initiatives were begun or continued in 2006, and will be carried over into 2007:

Bulletin – The TCS Bulletin will continue to be published quarterly. The publisher for the past two years, the Urban Har-

bors Institute, produced a fresh new look to the publication, and kept the TCS web site and conference web site up to date.

TCS routinely issues an RFP for editor and publisher of the TCS Bulletin every two years. Contracts were awarded to Ellen

Gordon (