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1.6.2. Managing the marine environment: a necessarily integrated approach
ОглавлениеAt the maritime level, the Marine Strategy Framework Directive (2008/56/EC), adopted in 2008, is a European directive that establishes a framework for community action in the field of marine environmental policy.
This directive is based on a so-called “ecosystem approach”: it aims to achieve a good ecological status for the marine environment by 2020 and to improve the conservation status of marine biodiversity from 2015. The main motivation of the directive is to combat the many threats to the marine environment, such as:
– the depletion or degradation of biological diversity and changes in its structure;
– habitat loss;
– contamination by hazardous substances and nutrients;
– the impacts of climate change.
These points require a global framework to coordinate the local actions of member states.
In contrast, as early as 1975, the Council of Europe recommended a global treatment of the coastline. A European coastal charter was signed by the Conference of Peripheral Maritime Regions in 1982. Chapter 17 of Agenda 21, adopted at the Rio Conference in 1992, recommends ICZM, linked to the protection of the marine environment. An ICZM approach aims to enable a global approach to a coastal territory by taking into account the physical context (geomorphology, weather, tides, marine currents, etc.), the ecological and biogeographical context, the socio-economic context and the legal-administrative context. The integration sought concerns, in particular, the sectoral (interactions between actors), environmental (ecosystem approach), geographical and biogeographical dimensions, as well as the integration of governance (participation of all the actors concerned in the decision), which is an essential dimension. The final objective of ICZM is to build structures and regulatory instruments that will make it possible to guarantee or restore the balance between human activities and human and natural resources, in order to avoid overexploiting resources that are not slightly, easily, slowly or expensively renewable, especially fisheries and tourism resources, with the general aim of ensuring the sustainability of development.
In France, the Coastal Act, adopted in 1986 (Act no. 86-2 of January 3, 1986 relating to the development, protection and enhancement of the coastline), constitutes the reference text for the organization of sustainable development of coastal areas. Let us briefly recall its main objectives, which are:
– the protection of biological and ecological balances, the preservation of sites, landscapes and the cultural and natural heritage of the coastline;
– the preservation and development of economic activities related to the proximity of water;
– the implementation of a research and innovation effort on the particularities and resources of the coastline.
This act applies to municipalities bordering seas and oceans, salt ponds and inland water bodies with an area of more than 1,000 hectares. The municipalities bordering the PMD are considered to be those bordering the sea and the ocean. Consequently, in estuaries, only the municipalities located downstream from the transverse limit of the sea (the limit between the PMD and the public river domain) belong to this category of “coastal municipalities” by right.
Outside of the already urbanized areas, all construction is prohibited in a strip of 100 m from the high limit of the shoreline. This 100 m strip constitutes a minimum which can, through the application of Article L. 146-4-III C. Urb., be extended by the local urban plan, when the sensitivity to the environment or the erosion of the coasts justifies it. This prohibition does not apply to installations requiring the immediate proximity of water. Beyond that, in the areas close to the shore, a regime of limited extension of urban development is provided for. Notable and characteristic areas of the coastal municipalities are preserved by a strict regime of inconstructibility. Implementation of these principles must be completed by the plans for the development of the sea.
Among the normal uses of the PMD between which the administration has to arbitrate, we can mention:
– the implementation of port and maritime safety works;
– the use of beaches for bathing;
– the reception of marine cultures on the favorable spaces;
– retention as a natural area.
1 1 MEDAM (2015). Database for the French Mediterranean Coast (Inventory and Impact of Land Reclamation).
2 2 Ibid.
3 3 This AC J81-032 certification of March 2018 is an optional component that adds to the requirements of the “Clean Ports” CWA AC J 81-030 standard and is part of a prior European “Clean Ports” certification process.
6 6 The World Association for Waterborne Transport Infrastructure (PIANC), the oldest international professional organization in the port field: https://www.pianc.org.
7 7 http://www.worldharbourproject.org.
8 8 Center d’études et d’expertise sur les risques, l’environnement, la mobilité et l’aménagement (previously CETMEF, before 2014).
9 9 See Chapter 4 of this book on the GIREL project at the port of Fos-sur-Mer.
10 10 We prefer this term to the one used in most English-language eco-engineering publications due to its proximity to the approach of project management for the design of a development project, even though they both designate the same field of reflection.
11 11 http://www.syntec-ingenierie.fr/actualites/2010/09/01/les-cahiers-de-lingenierie-n80septembre-2010/.
12 12 The eco-design approach begins in the early stage of the project, in comparison with usual eco-engineering treatments which are based on mitigation resulting from environmental impact assessments or ecosystem damage. They are mainly considered after the design of the project to reduce or offset significant negative impacts.
13 13 Specific, therefore assessable, quantifiable, required; specific, therefore adapted to each site or type of project requested.
14 14 The relationship of humanity with the Earth’s expanse.
15 15 Of the Languedoc Geographical Society.
16 16 Integrated coastal zone management.
17 17 JIFIC: https://www.maff.go.jp/e/.
18 18 Départements d’outre mer and Territoire d’outre mer (French Overseas Departments and Territories).
19 19 Goal of “no net loss” of biodiversity, Act No. 2016-1087 RBNP of August 8, 2016.
20 20 The regulations relating to the nPMD were recalled and detailed by the circular of January 20, 2012, relating to the sustainable and integrated management of the natural public maritime domain.
21 21 United Nations Convention on the Law of the Sea, signed on December 10, 1982.
