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<DIV>john, doug:</DIV>
<DIV> </DIV>
<DIV>i am just curious as to what is meant by "legal" definition. if the
definition is likely to be applied in either a domestic or international legal
arena, there are portions of the definitions that may be worded so as to better
withstand the batterings of a courtroom. i am happy to sit down with my
colleagues and make suggestions if you think it may be helpful/useful.</DIV>
<DIV> </DIV>
<DIV>best regards,</DIV>
<DIV> </DIV>
<DIV>jamie </DIV>
<DIV> </DIV>
<DIV>______________________________________________________________________</DIV>
<DIV> </DIV>
<DIV></FONT><FONT face=Arial size=2>Jamie D. Bechtel, J.D.<BR>Boston
University<BR>Department of Biology<BR>5 Cummington Street<BR>Boston, MA
02215<BR>(617) 353-6969<BR><A
href="mailto:warrior@bu.edu">warrior@bu.edu</A></FONT></DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>
<DIV>----- Original Message -----
<DIV>From: John McManus <<A
href="mailto:jmcmanus@rsmas.miami.edu">jmcmanus@rsmas.miami.edu</A>></DIV>
<DIV>To: Nani Kai <<A
href="mailto:nanikai@makapuu.com">nanikai@makapuu.com</A>>; <<A
href="mailto:coral-list@coral.aoml.noaa.gov">coral-list@coral.aoml.noaa.gov</A>></DIV>
<DIV>Sent: Saturday, January 13, 2001 10:25 PM</DIV>
<DIV>Subject: RE: "Legal" definition of a coral reef?</DIV></DIV>
<DIV><BR></DIV>> Here is my draft definition for an article in an
encyclopedia that will come<BR>> out next year.<BR>> 'The term "coral
reef" commonly refers to a marine ecosystem in which a<BR>> prominent
ecological functional role is played by scleractinian corals. A<BR>>
"structural coral reef" differs from a "non-structural coral community"
in<BR>> being associated with a geomorphologically significant calcium
carbonate<BR>> (limestone) structure of meters to hundreds of meters height
above<BR>> surrounding substrate, deposited by components of a coral reef
ecosystem.<BR>> The term "coral reef" is often applied to both types of
ecosystem or their<BR>> fossil remains, although many scientists, especially
geomorphologists,<BR>> reserve the term for structural coral reefs and their
underlying limestone.'<BR>> <BR>> The limits on what is and is not a part
of a given coral community can be<BR>> more difficult to define than most
people realize. In the worst case, one<BR>> has scattered clumps of coral
that gradually become increasingly dense<BR>> toward a central area. Some
worn footpaths through grass have the same<BR>> character. Defining the width
of the path can be challenging. The situation<BR>> is similar to that of
defining the length of a coastline. In a general<BR>> sense, there is no
right answer. One can only define the length of the<BR>> coastline in terms
of a particular choice of measuring stick. Alternatively,<BR>> one can
describe the coastline in terms of fractals, although this is useful<BR>>
only for certain purposes. Similarly, one could choose a density for<BR>>
delineating the coral patch, but one would have to couple it with a<BR>>
particular way (especially scale) of measuring the density (or set of
scales<BR>> or fractal index).<BR>> <BR>> Given the above definition,
the depth would not matter. Some people like<BR>> terms such as bioherm, but
but most people would tend to think of a bioherm<BR>> as a form of the
popular concept of a coral reef. I don't mind the use of<BR>> the term, as
long as it is clearly defined when used. I think the<BR>> 'wave-breaking"
concept should be dropped entirely from coral reef<BR>> definitions, and we
should accept that the term "coral reef" should imply<BR>> little or no
relationship to the unqualified nautical term "reef". That gets<BR>> us
around having to define two nearly identical ecological -<BR>>
geomorphological constructions as different just because one has sunk a
few<BR>> meters lower than the other (e.g. the Palawan subsurface "barrier
coral reef<BR>> system", which looks much like the GBR but rarely comes to
within 10 m of<BR>> the surface).<BR>> <BR>> <BR>> John<BR>>
<BR>> _________________________________________________________<BR>>
<BR>> John W. McManus, PhD<BR>> Director, National Center for Caribbean
Coral Reef Research (NCORE)<BR>> Rosenstiel School of Marine and Atmospheric
Sciences (RSMAS)<BR>> University of Miami, 4600 Rickenbacker Causeway<BR>>
Miami, Florida 33149.<BR>> <A
href="mailto:jmcmanus@rsmas.miami.edu">jmcmanus@rsmas.miami.edu</A><BR>> Tel.
(305) 361-4609<BR>> Fax (305) 361-4600<BR>> <BR>> -----Original
Message-----<BR>> From: <A
href="mailto:owner-coral-list@coral.aoml.noaa.gov">owner-coral-list@coral.aoml.noaa.gov</A><BR>>
[<A
href="mailto:owner-coral-list@coral.aoml.noaa.gov">mailto:owner-coral-list@coral.aoml.noaa.gov</A>]
On Behalf Of Nani Kai<BR>> Sent: Monday, January 08, 2001 6:03 PM<BR>> To:
<A
href="mailto:coral-list@coral.aoml.noaa.gov">coral-list@coral.aoml.noaa.gov</A><BR>>
Subject: "Legal" definition of a coral reef?<BR>> <BR>> A simple
question; What IS a coral reef? Or perhaps more importantly,<BR>>
what is it Not? (But first let me say that I did review the discussion
on<BR>> "what is a reef" in last May's coral-list.)<BR>> <BR>> With the
great amount of attention that coral reefs have received in the<BR>> past few
years, regulators are (at last!) coming to the realization that our<BR>>
precious marine resources need protection. My concern is that this
pendulum<BR>> of regulation may be swinging a bit too far to the left.
I think that<BR>> everyone reading this list would agree that coral reefs
represent a resource<BR>> that merits our protection. I don't think,
however, that everyone would<BR>> agree specifically about how to define the
"coral reef" that we are trying<BR>> to protect.<BR>> <BR>> A "reef"
may be clearly defined in strictly nautical terms as it relates<BR>> to ship
traffic without any reference to corals or other living marine<BR>>
resources. Similarly "coral" (or coral communities) may be
appropriately<BR>> defined in biological terms leaving little room for
academic argument.<BR>> It is only as the terms are combined that an
increased level of meaning<BR>> emerges in the definition to include an
interwoven ecological matrix of<BR>> habitat complexity, species diversity,
and fragility. But with the<BR>> increasing presence of regulators and
lawyers dealing with coral reef<BR>> issues we are rapidly approaching a time
where a working (read: legal)<BR>> definition of a "coral reef" will be
necessary.<BR>> <BR>> Please consider the following two
situations.<BR>> <BR>> Given a flat basalt substrate in 10 meters (just
below keel depth) of water,<BR>> at what coral density does a 1 hectare area
become a coral reef? Does<BR>> surface rugosity, species composition,
or colony age play a role in this<BR>> designation?<BR>> <BR>> Given a
shoreline area, depth from 0 to 2 meters, within 50 feet of shore,<BR>> do
the same definitions apply?<BR>> <BR>> Please forward any answers or
comments directly to the list.<BR>> <BR>> I'll do what I can to follow up
with a summary to see if we can develop a<BR>> consensus definition.<BR>>
<BR>> Thanks for your input.<BR>> <BR>> ~~~~~~~<BR>> For directions
on subscribing and unsubscribing to coral-list or the<BR>> digests, please
visit <A href="http://www.coral.noaa.gov">www.coral.noaa.gov</A>, click on
Popular on the<BR>> menu bar, then click on Coral-List Listserver.<BR>>
<BR>> <BR>> ~~~~~~~<BR>> For directions on subscribing and
unsubscribing to coral-list or the<BR>> digests, please visit <A
href="http://www.coral.noaa.gov">www.coral.noaa.gov</A>, click on Popular on
the<BR>> menu bar, then click on Coral-List Listserver.<BR>> <BR>>
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