Laws Relative to the Protection of the Waves – Angel LOBO

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  • This is the second International Conference on wave protection after the First Symposium of Waves as a natural, economic and recreational resource, held at the Law Faculty of La Laguna University, Tenerife, Spain in 2010, codirected by Tony Butt and me.
  • We as surfers know that what makes a surfing wave is a combination of factors that interact to create a perfect resource of joy and pleassure.
  • These elements come together to create the perfect wave.
  • But waves, despite of their natural beauty, are in danger in several places. These are some of the major threats that affect the existance of waves.
  • This is a place in the south of Tenerife. Tourist activity can display alot of preassure on the coastline and threaten waves.
  • This marina project that has been stopped would have destroyed two of the best south swell oriented spots in Tenerife.
  • Urban development can also create pressure on the coastline
  • For instance this project of an artifficial beach in the south of Gran Canaria that if implemented could destroy one of the best waves in that island.
  • Even beaches that already exist can still be transformed into an artiffcial beach that would cause the disappearance of waves.
  • This poject in Playa Martianez, Puerto de la Cruz, Tenerife got a positive environmental impact statement last week.
  • What legal instruments can we use to stop this projects?
  • Legislation can be very different from one country to another. That is why I am just going to point out some legal figures that are common in most countries and that could help us to achieve the goal of wave protection. First we can point out Legal figures that indirectly may aid on the protection of waves.
  • The Canary Islands Government Decree 272/2007 wasn´t intended to protect this wave located in the heart of Playa de Las Americas, Tenerife, but by preserving this site due to its arqueological values, the wave will remained untouched.
  • The Directive 92/43/CEE, of the European Union Council, created the 2000 ecological net integrated by Special Conservation Zones that should protect important habitats, some of them where waves usually break, such us reefs (code 1170) and shallow harbours (code 1160). During the planning procesus of those Special Conservation Zones it is important to make sure that the waves are taken on account.
  • Any other protected area by national or regional legislation should indirectly help out for wave protection. For instance the Natural Park of Chinijo´s Archipelago in Lanzarote.
  • In general any instrument aimed to protect the natural beauty of a place and its traditional activities should serve for the purpose of wave protection. For instance, the Marine Fishery Reserve of La Graciosa.
  • There are also legal figures that directly may achieve the goal of wave protection.
  • The Act Nº 27280 for the preservation of breaks suitable for surfing (Peru, 2000). This Peruvian legislation hasn`t been developed yet. They need to create and pass a national surfing breaks census or listing. The New Zealand Coastal Policy Statement 2010 (NZCPS) that recognises and protects 17 Nationally Significant surfing areas.
  • World Surfing Reserves will be explained in this Global Wave Conference, but their goal is to protect world class waves, not the average wave that we usually surf.
  • Integrated Coastal Zone Management is a new philosophy on coastline planning brought to European Legislation by the Recommendation 2002/413/CE. It states that coastline planning must integrate all the activities located in the maritime zone and terrestrial zone. Planning experts don´t know much about waves, that is why surfing federations and wave protection associations must work on a list or census of waves that could be integrated in coastal planning. By doing so, once the coastal plannig has been passed, the waves will be recognized as a location for sport activities and protected from other activities that could represent a danger for them.
  • Surfing is a recreational activity that is located in specific areas. Surf zones can be integrated in different planning instruments so the activity of surfing can be preserved from others. In orther to do so surfing federations, clubs an associations must
  • This could be an example of what needs to be done with every wave, showing not only the characteristics of the wave (tide, regularity, swell direction) but other important elements such as flora and fauna of the surf spot, water quality, etc.
  • Sport legislation can help by considering waves as natural sport instalations. Surfing is a recognized sport in a regional, national and international level. Without our natural court, waves, it would be impossible to practice this sport.
  • But the studies done by the different Administrations about sport installations don´t show much about surf zones. Surfing federations and associations involved in waves protection should do an effort to create wave catalogs. For instance, The Spanish Surfing Federation is leading a project on this matter.
  • But the fact is that waves are still in danger and it will be like this in the near future. This film, olas en peligro, waves in danger, that it will be shown for the first time next wee in the Canary Islands, talk about this problem.
  • But what else can we do for wave protection? First of all we should get ahead of projects that may damage waves. We don´t always have to fight against projects, but we should be capable of preventing those projects to be implemented through wave protection strategies. Secondly we should be able to communicate to the general public what is so unique about waves.
  • We, as surfers, must do a great effort to change a part of our cultural heritage. We are here to protect waves, not surfers.
  • But as the surfing community grows very fast and we are still facing threats on waves, we as surfers must think of solutions to take a better advantage of waves, and to enhace and create more breaks.
  • We must enhance waves by planning interventions to improve security and wave quality.
  • And we should increase research on artificial surfing reefs, in order to create new surfing spots for future generations to enjoy. This next generation of artificial surfing reefs
  • This new generation of artificial surfing reefs should be: Cheaper: 5 to 10 times cost reduction Adjustable: Eco-friendly: does not interfere with underwater currents and underwater sediment transportation. Green removal means that it is easier and cheaper to remove the traces from the installation of an artificial reef, once we want to remove it. The only costly operation is to remove the concrete blocks that form the base of the reef. The rest of the reef-components are much easier to remove.
  • Laws Relative to the Protection of the Waves – Angel LOBO

    1. 1. A LEGAL STRATEGY FOR THE PROTECTION OF WAVES. Dr. Angel Lobo. Law Faculty. University of La Laguna, Tenerife.
    2. 3. COASTLINE EXPOSURE SWELL DIRECTION BATHYMETRY THAT CREATES SURFABLE WAVES GROUND SWELL
    3. 5. What are the threats on the waves and coastlines?
    4. 12. What legal strategies can be implemented to protect waves?
    5. 13. <ul><li>• Legal figures that indirectly may protect waves. </li></ul><ul><li>Cultural Interest sites. </li></ul><ul><li>- Sites of Community Interest. </li></ul><ul><li>Protected Natural Areas. </li></ul><ul><li>-Marine Fisheries Reserves. </li></ul>
    6. 14. Cultural Interest sites.
    7. 16. CANARY ISLANDS SPECIAL CONSERVATION ZONES
    8. 18. MARINE FISHERY RESERVE LA GRACIOSA.
    9. 19. <ul><li>Legal figures that directly protect waves. </li></ul><ul><li>Comparative Law figures. </li></ul><ul><li>World Surfing Reserves. </li></ul><ul><li>Planning Instruments. </li></ul><ul><li>- The Census of Sports Infrastructures. </li></ul>
    10. 20. Comparative Law figures. Act Nº 27280 for the preservation of breaks suitable for surfing (Peru, 2000). The New Zealand Coastal Policy Statement 2010 (NZCPS) that recognizes and protects 17 Nationally Significant surfing areas.
    11. 21. World Surfing Reserves.
    12. 22. INTEGRATED COASTAL ZONE MANAGEMENT
    13. 23. PLANNING INSTRUMENTS.
    14. 24. ANEXO I Ficha. MUNICIPIO NOMBRE OFICIAL NOMBRE SPOT ACCESIBILIDAD INFRAESTRUCTURAS NIVEL DE PROTECCI Ó N MORFOLOGIA DEL LITORAL FLORA ZONA SECA ZONA H Ú MEDA FONDO FAUNA ZONA SECA ZONA H Ú MEDA FONDO GRADO DE ANTROPIZACI Ó N CALIDAD DEL AGUA CARACTERISTICAS DE LA OLA FUERZA MAREA TEMPORADA REGULARIDAD CAPACIDAD DE CARGA NIVEL DE APROVECHAMIENTO
    15. 25. Waves as natural sport installations
    16. 28. <ul><li>- Get ahead of projects that may damage waves </li></ul><ul><li>Let the public know what is unique about waves. </li></ul><ul><li>Lobbying for a change (Eco-ENCAC). </li></ul>
    17. 29. VERSUS VISIBILITY
    18. 31. NIGHT SURFING. EXTENDING THE FEELING.
    19. 32. IMPROVING SECURITY AND WAVE QUALITY
    20. 33. The Benefits of Artificial Reefs Source: ASR Marine Consulting and Research, Oil Piers Reef, Ventura, CA
    21. 34. Artificial Reefs Trends <ul><li>Global Surfing Market to Reach $13.2 Billion by 2017 1 as surfing population increases </li></ul><ul><li>The number of Artificial Reefs is rapidly growing worldwide </li></ul><ul><li>No geographical growth pattern; ubiquitous phenomenon </li></ul>Next Generation of Artificial Reefs: 1. http://www.prweb.com/releases/surfing_surfboards/surfing_apparel/prweb8581431.htm
    22. 35. How inappropriate to call this planet earth when it is quite clear Ocean. (Arthur C. Clark, writer). Thank you very much. Merci beaucoup.

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