TSDC Topicality File - d284f45nftegze.cloudfront.netd284f45nftegze.cloudfront.net/nyeakley/TSDC...

Topicality TSDC 2014 McDonald

TSDC Topicality File


NotesBelow you will find the following violations

- Increase (Natives)- Specific Location (Works for Natives or Hadal Zones, could arguably work for Biorock

too)- An oceans excludes beaches violation for Andrew’s biorock aff (sorry about the poor

quality of this violation. It’s pretty topical so I was having to bend things a little.)- Extra definitions at the bottom of the file- And of course answers to all of these things - I also compiled some useful arguments/definitions at the very bottom (“camp tools”) in

case you’re interested in having the kids make their own shells or any other utility it may have.

Y’all have fun out in the pine trees and burn stuff (probably not, but you get it)


Neg


Increase - Natives (Techy)A. Interpretation – the affirmative must mandate a NET increase of

exploration and/or development the Earth’s oceans

Increase means make greater in size, degree, frequencyCollins 3 Collins English Dictionary – Complete and Unabridged © HarperCollins Publishers 1991, 1994, 1998, 2000, 2003http://www.thefreedictionary.com/increase

increasevb [ɪnˈkriːs]to make or become greater in size, degree, frequency, etc.; grow or expandn [ˈɪnkriːs]1. the act of increasing; augmentation2. the amount by which something increaseson the increase increasing, esp becoming more frequent

B. Violation – the plan does is not exemplify a net increase of exploration and/or development of the Earth’s oceans. It re-clarifies one existing policy.

C. Standards – 1. Predictable limits – the aff explodes the limits of the topic because it allows any

negotiation or reallocation to be considered topical. This creates an unpredictable research burden for the negative, which kills fairness.

2. Ground – this small cosmetic change decreases the magnitude for links to spending, trade off, or politics disads, and we lose access to agent CPs because there is no real increase of exploration or development. These arguments are key to the topic because they test the effectiveness of policymaking in relation to the oceans.

3. FX-T – the plan might lead to an increase in exploration or development in the future but the mandates of the plan do not. FX-T is an independent voter for fairness and education.

D. Topicality is a voter for fairness and education


Increase - Natives (Less Techy)A. Interpretation – the affirmative must mandate a NET increase of

exploration and/or development the Earth’s oceans

Increase means make greater in size, degree, frequencyCollins 3 Collins English Dictionary – Complete and Unabridged © HarperCollins Publishers 1991, 1994, 1998, 2000, 2003http://www.thefreedictionary.com/increase

increasevb [ɪnˈkriːs]to make or become greater in size, degree, frequency, etc.; grow or expandn [ˈɪnkriːs]1. the act of increasing; augmentation2. the amount by which something increaseson the increase increasing, esp becoming more frequent

B. Violation – the plan does is not exemplify a net increase of exploration and/or development of the Earth’s oceans. It re-clarifies one existing policy.

C. Standards – 1. Limits – the affirmative explodes the limits of the topic. Allowing negotiations

creates an entire new set of cases for the negative to research.2. Ground – Not mandating a concrete increase in exploration and/or development

eliminates several links to core negative ground, making debate impossible. 3. Predictability – there is no way to predict every type of negotiation or clarification

that can be made about the oceans. This creates an unfair research burden for the negative.

4. Topic Specific Education – the affirmative minimizes discussion about new oceanic policies because it focuses on existing ones. This kills topic innovation.

D. Topicality is a voter for fairness and education.


Location – Natives/Hadal ZonesA. Interpretation – Affs must increase exploration or development

throughout the oceans

Substantially must be across the boardAnderson et al 5 Brian Anderson, Becky Collins, Barbara Van Haren & Nissan Bar-Lev, Wisconsin Council of Administrators of Special Services (WCASS) Committee Members. 2005 WCASS Research / Special Projects Committee* Report on: A Conceptual Framework for Developing a 504 School District Policy http://www.specialed.us/issues-504policy/504.htm#committee

The issue “Does it substantially limit the major life activity?” was clarified by the US Supreme Court decision on January 8th, 2002 , “Toyota v. Williams”. In this labor related case, the Supreme Court noted that to meet the “substantially limit” definition, the disability must occur across the board in multiple environments, not only in one environment or one setting. The implications for school related 504 eligibility decisions are clear: The disability in question must be manifested in all facets of the student’s life, not only in school.

Oceans plural refers to more than one of the individual oceansMerriam-Webster 14 Merriam-Webster Learner's Dictionary2014http://www.learnersdictionary.com/definition/ocean

ocean Listen to audio/ˈoʊʃən/ nounplural oceans1 [noncount] : the salt water that covers much of the Earth's surface▪ We've sailed across hundreds of miles of ocean. — often used with the ▪ They lived near the ocean. [=the sea] ▪ He had never seen the ocean before. ▪ There's a storm moving in from the ocean. ▪ The ship quickly sank to the bottom of the ocean. ▪ the deepest parts of the ocean — often used before another noun ▪ the ocean floor/bottom/surface ▪ the salty ocean air ▪ ocean fish ▪ an ocean voyage/liner — see color picture2 or Ocean [count] : one of the five large areas of salt water that cover much of the Earth's surface▪ the Atlantic Ocean ▪ the Pacific and Indian oceans ▪ the Arctic/Antarctic Ocean3 [count] informal : a very large number or amount of something▪ an ocean of sadness — often plural ▪ oceans of time [=lots of time]

B. Violation – The aff targets a specific area for exploration and/or development. This isn’t topical

C. Standards1. Limits – the affirmative explodes the limits of the topic by allowing any specific

regional project to be included along with the across the board projects. This inflates the research burden for the negative, which kills fairness.

2. Ground – we lose ground to any politics, spending, trade-off, or environment disadvantage because the magnitude of the link will be low in one specific location. This means we lose education about overall ocean policies.

3. Predictability- there is no way to predict every single small location within each ocean. This undermines negative preparedness for all debates.


4. Topic Specific Education - the aff undermines consistency and depth of education about oceanic policies.



Oceans – Bio-rock A. Interpretation – the affirmative must increase exploration and/or

development in the Earth’s OCEANS

Oceans excludes coastal regionsNational Geographic ’93 http://education.nationalgeographic.com/education/encyclopedia/continental-shelf/?ar_a=1

A continental shelf is the edge of a continent that lies under the ocean. Continents are

the seven main divisions of land on Earth. A continental shelf extends from the coastline of a continent to a drop-off point called the shelf break. From the break, the shelf descends toward the deep ocean floor in what is called the continental slope. Even though they are underwater, continental shelves are part of the continent. The actual boundary of a continent is not its coastline, but the edge of the continental shelf. The widths of the continental shelves vary. Along parts of the U.S. state of California, for example, the continental shelf extends less than a kilometer (.62 miles). But along the northern coast of Siberia, the shelf extends about 1,290 kilometers (800 miles). The average width of a continental shelf is 65 kilometers (40 miles).

B. Violation – the aff uses coastal regions for development, not particularly the bodies of water that make up the oceans.

C. Standards1. Limits – the aff explodes the limits of the topic by allowing coastal beaches to be

considered a part of the Earth’s oceans. This inflates the research burden for the negative.

2. Ground – we lose links to environment or trade-off disads and agent CPs specific to oceanic exploration and/or development because the aff isn’t a deep-water venture. These arguments are key to testing the effectiveness of ocean policymaking.

3. Predictability – there is no way to predict all of the projects that can happen along the US beaches along with projects specific to the oceans, which kills fairness.

4. Topic Education – we lose education about deep-water exploration and/or development, which is the heart of the topic. The aff shifts the topic focus to coastal regions.


http://education.nationalgeographic.com/education/encyclopedia/continental-


Aff


Increase - Natives1. We Meet: There is a net increase in Native American tribal sovereignty

and protection of tribal fisheries.

2. Counter Interpretation: “Increase” means progressive growthPhilips 2 – UNITED STATES BANKRUPTCY JUDGE (Louis, IN RE LAWRENCE D. GOLDBERG, DEBTOR; DWAYNE M. MURRAY, TRUSTEE, PLAINTIFF VERSUS MAE M. STACY TRUST AND F. EUGENE RICHARDSON, DEFENDANTS, 5/1, lexis) (emphasis in the original)

In determining the plain meaning of the phrase "increases the obligor's insolvency," the Court initially notes that this phrase makes no reference whatsoever [**50] to a "reasonably equivalent value" test 26 or even to the "fair consideration" test of the Section 3 of the UFCA. 27 Instead, Article 2036 of the Civil Code merely uses the word "increases," and the absence of "reasonably equivalent value" language or "fair consideration" language rings loudly in the Court's judicial ear. Accordingly, the Court will focus on the plain meaning of the term "increases." Taking note from one of the dictionaries of choice of the United States Supreme Court, 28 the Court finds that the definition of the word "increase" in Webster's Ninth New

Collegiate Dictionary reads as follows:¶ [*270] To become progressively greater (as in size, amount, number, or intensity). . . . to make greater: AUGMENT. . . . INCREASE, ENLARGE, AUGMENT, MULTIPLY mean to make or become greater. INCREASE used intransitively implies progressive growth in size, amount, intensity; used transitively it may imply simple

not necessarily progressive addition. . . the act or process of increasing : as . . . addition or enlargement in size, extent,

quantity.¶ Webster's Ninth New Collegiate Dictionary 611 (1990) (emphasis added).¶ As Webster's Dictionary states, the word "increase" means a progressive growth, that is, an incremental [**52] growth. Such progressive and incremental growth implies that when Article 2036 was drafted, the codifiers used the simple and easily-understood word "increase" because they meant to imply a "dollar-for-dollar" increase in the obligor's insolvency, rather than a "reasonably equivalent value" increase. Otherwise, the codifiers would not have chosen to use the word "increase" with no obvious limitation on its meaning. Moreover, since Article 2036 was crafted in 1984, well after the UFCA, which was enacted in 1918, the drafters of Article 2036 must have been well aware of the "fair consideration" requirement in Section 3 of the UFCA, and chose not to adopt such a limitation. Therefore, the Court may reasonably conclude that HN19Go to this Headnote in the case.the plain meaning of "increases the obligor's insolvency" means a "dollar-for-dollar," incremental growth, rather than insolvency as measured by a "reasonably equivalent value" standard.¶ As of this stopping place, the Court has performed its task under the Louisiana Civil Code: to ferret out the plain meaning of Article 2036 of the Louisiana Civil Code from the words of the article, itself, if possible. However, the Court will resort to other modes of statutory construction [**53] in support of its "plain meaning" analysis, primarily to assure ourselves that the apparently groundless arguments of the defendants really are so.. Positing for argument purposes only (of course) that the phrase "increases the obligor's insolvency" is susceptible of more than one meaning (i.e., a "reasonably equivalent value" meaning), analysis of the purpose of the Louisiana revocatory action and of its legislative history is now offered.

3. Reasons to prefer –A. Topic Education – The aff is a reformation of a US ocean policy that serves to end

exclusionary discourse. They try and filter our discussion of cultural genocide and bad US policymaking by attempting to define what is and what is not good to speak about. This kills a necessary discussion that shapes this topic.

B. Limits – policy debate focus has always served as a way to push discussions of native genocides away from the focal point of the topic. Their limits are self-serving and used to ignore structural violence.

C. No Ground Loss – the aff still uses some policy-based inactions, which means links to disads still exist. Also, make them outline what specific position they lose and why they reserve an inherent right to read it.


4. Voters - Defer to reasonability – Competing interpretations are arbitrary and self-serving, which leads to a race to the bottom. If we provide quality evidence that defines our aff as topical then we are reasonably topical.


Locations – Natives1. We Meet – the aff includes an array of areas within the executive

economic zone that are not specified.

2. Counter Interpretation –

Substantial means considerable Words & Phrases, 7WORDS AND PHRASES CUMULATIVE SUPPLEMENTARY PAMPHLET,2007, Vol. 40B, 07, 95.

The term “substantially” in the ADA means considerable or to a large degree . Heiko v. Colombo Savings Bank.

“Oceans” include the EEZMathews 11 – Joe Mathews, Law Clerk at Springfield Law and Conservation Clinic Fellow at the University of Florida Conservation Clinic, “Redefining the Territorial Sea in the Clean Water Act: Replacing Outdated Terminology and Extending Regulatory Jurisdiction”, Sea Grant Law and Policy Journal, 4(1), Summer, http://nsglc.olemiss.edu/sglpj/Vol4No1/Matthews.pdf3. The OceanThe “ocean” is defined as “any portion of the high seas beyond the contiguous zone.”49 Although the high seas is not defined in the CWA, the “ocean” as used in the CWA has been interpreted to include the Exclusive Economic Zone (seaward a distance of 200 nautical miles)50 as well as the high seas beyond the jurisdictional reach of the U nited S tates.51 Part VII of UNCLOS III, which discusses the “High Seas” states that it applies “to all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State.”52 Although such an expansive definition was unlikely the intention of Congress when it passed the CWA, the statute does assert authority over ocean waters falling outside U.S. jurisdiction and it is a reasonable interpretation of the statutory language in light of UNCLOS III. This serves as another example of the confusion generated by Congress’ failure to update the CWA to reflect the existing extent of maritime claims under international law.

3. Reasons to Prefer –A. Topic Education – The aff is a reformation of a US ocean policy that serves to end

exclusionary discourse. They try and filter our discussion of cultural genocide and bad US policymaking by attempting to define what is and what is not good to speak about. This kills a necessary discussion that shapes this topic.

B. Limits – policy debate focus has always served as a way to push discussions of native genocides away from the focal point of the topic. Their limits are self-serving and used to ignore structural violence.

C. No Ground Loss – the aff still uses some policy based inactions, which means links to disads still exist. Also, make them outline what specific position they lose and why they reserve an inherent right to read it.



Locations – Hadal Zones1. We Meet – the aff specifies the Hadal zone, which is located in several

different oceans. We don’t specify which ocean this happens in, but we specify the depth of the exploration that occurs.


Substantial means considerable Words & Phrases, 7WORDS AND PHRASES CUMULATIVE SUPPLEMENTARY PAMPHLET,2007, Vol. 40B, 07, 95.

The term “substantially” in the ADA means considerable or to a large degree . Heiko v. Colombo Savings Bank.

Ocean is one of the geographical divisions of the earth's salt waterOxford 14 Oxford Dictionaries 2014 http://www.oxforddictionaries.com/us/definition/american_english/ocean

Definition of ocean in English: ocean Syllabification: o·cean Pronunciation: /ˈōSHən/noun 1A very large expanse of sea, in particular, each of the main areas into which the sea is divided geographically: the Atlantic Ocean More example sentencesSynonyms 1.1 (usually the ocean) North American The sea: [as modifier]: the ocean floor More example sentences 1.2 (an ocean of/oceans of) • informal A very large expanse or quantity: she had oceans of energy More example sentencesSynonyms

3. Reasons to Prefer – A. Limits – the neg overlimits the topic because very few projects would meet the

criteria of exploring the entirety of more than one ocean. Allowing one-ocean or one-zone projects is critical to abundant topic specific research and ground.

B. Topic Specific Education – Allowing projects that utilize as little as one ocean or one zone creates diverse topic discussion. Only learning about projects that include more than one ocean eliminates several forms of core topic literature because each ocean differs in biodiversity, size, etc.

C. No Ground Loss – The aff is still a new ocean policy, which means disad links still apply and counterplans are still applicable. Make them outline what specific ground they lose and why they have an inherent right to it before you vote negative on T.



Oceans – Bio-rock1. We Meet – the coral reefs bio-rock is extracted from is located IN the

Earth’s Oceans. They are just located proximal to beaches.


Oceans include coastal regionsGattuso and Smith ’11 http://www.eoearth.org/view/article/151298/The coastal ocean is the portion of the global ocean where physical, biological and biogeochemical

processes are directly affected by land. It is either defined as the part of the global ocean covering the continental shelf or the continental margin. The coastal zone usually includes the coastal ocean as well as the portion of the land adjacent to the coast that influences coastal waters.

And, Excluding coastal exploration undermines topic educationBaker 3 – Joe Baker, Chief Scientist for the Queensland Department of Primary Industries and Commissioner for the Environment, Exploration of the Seas:: Voyage into the Unknown, p. 175-176

Joe Baker, Chief Scientist for the Queensland Department of Primary Industries and Commissioner for the Environment, discussed the value of ocean exploration—exemplified by Australia's dependence on marine resources for its economic well-being. The scientific value of exploration is not the highest priority. It is the use of the data—and the assimilation and transmission of information to decision-makers—that is essential. Australia is one of the 12 mega-biodiverse countries, and the only developed country among the 12 mega-biodiverse countries. With the exception of Australia, the other eleven have an inverse proportion of gross national product to mega-biodiversity. Australia has a well-educated population, is politically stable, and has many special features such as the Great Barrier Reef. There is significant expertise in tropical marine systems, and as a result, Australia has responsibility for leadership in management and conservation for protection of mega-biodiversity.¶ Dr. Baker's definition of ocean exploration is broad and includes a comprehensive awareness of the nature, role, and function of the oceans. It should be multidisciplinary and multinational. A coordinated international exploration program adds value by sharing costs and assets, sharing output, and eliminating overlap. Such a program should include studies of impacts of change on human populations, interactions at boundaries (e.g., ice, coastal margins, sea beds), the interdependency of living and nonliving components of ecosystems, bio-prospecting for pharmaceuticals, and bio-mining for exploitation of natural resources. The challenge is to determine priorities and

develop criteria for study selection.¶ He emphasized that ocean exploration should not focus exclusively on offshore oceanic environments. Coastal ocean exploration is equally important as offshore because these are the areas where the impacts of change will be the most severe. Finally, he offered the opinion that good exploration shares costs and benefits with developing countries in order to help all parties achieve sustainable development of ocean resources.

3. Reasons To PreferA. Limits – err aff because as long as we win why coastal regions are important to the

topic. That was the Baker evidence above. They also overlimit by excluding coastal areas, which are key to the topic because they contain several integral species to topic literature.

B. No Ground Loss – we are still a new ocean policy that develops inside of the Earth’s oceans, meaning your disads still apply. Make them prove what specific ground they lose and why they have an inherent right to the argument before you vote neg on T.


C. Topic Specific Education - Allowing coastal regions creates diverse topic discussion. Only learning about projects are particularly deep-water eliminates literature about several forms of biodiversity, ie these coral reefs.



More Definitions For Existing Violations


Increase“Increase” means a net increaseRogers 5 (Judge – New York, et al., Petitioners v. U.S. Environmental Protection Agency, Respondent, NSR Manufacturers Roundtable, et al., Intervenors, 2005 U.S. App. LEXIS 12378, **; 60 ERC (BNA) 1791, 6/24, Lexis)

[**48] Statutory Interpretation. HN16While the CAA defines a "modification" as any physical or operational change that "increases" emissions, it is silent on how to calculate such "increases" in emissions. 42 U.S.C. § 7411(a)(4). According to government petitioners, the lack of a statutory definition does not render the term "increases" ambiguous, but merely compels the court to give the term its "ordinary meaning." See Engine Mfrs.Ass'nv.S.Coast AirQualityMgmt.Dist., 541 U.S. 246, 124 S. Ct. 1756, 1761, 158 L. Ed. 2d 529(2004); Bluewater Network, 370 F.3d at 13; Am. Fed'n of Gov't Employees v. Glickman, 342 U.S. App. D.C. 7, 215 F.3d 7, 10 [*23] (D.C. Cir. 2000). Relying on two "real world" analogies, government petitioners contend that the ordinary meaning of "increases" requires the baseline to be calculated from a period immediately preceding the change. They maintain, for example, that in determining whether a high-pressure weather system "increases" the local temperature, the relevant baseline is the temperature immediately preceding the arrival of the weather system, not the temperature five or ten years ago. Similarly, [**49] in determining whether a new engine "increases" the value of a car, the relevant baseline is the value of the car immediately preceding the replacement of the engine, not the value of the car five or ten years ago when the engine was in perfect condition.

“Increase” requires pre-existenceBrown 3 – US Federal Judge – District Court of Oregon (Elena Mark and Paul Gustafson, Plaintiffs, v. Valley Insurance Company and Valley Property and Casualty, Defendants, 7-17, Lexis)

FCRA does not define the term "increase." The plain and ordinary meaning of the verb "to increase" is to make something greater or larger. 4 Merriam-Webster's [**22] Collegiate Dictionary 589 (10th ed. 1998). The "something" that is increased in the statute is the "charge for any insurance." The plain and common meaning of the noun "charge" is "the price demanded for something." Id. at 192. Thus, the statute plainly means an insurer takes adverse action if the insurer makes greater (i.e., larger) the price demanded for insurance.An insurer cannot "make greater" something that did not exist previously. The statutory definition of adverse action, therefore, clearly anticipates an insurer must have made an initial charge or demand for payment before the insurer can increase that charge. In other words, an insurer cannot increase the charge for insurance unless the insurer previously set and demanded payment of the premium for that insured's insurance [**23] coverage at a lower price.

“Increase” means to become larger or greater in quantityEncarta 6 – Encarta Online Dictionary. 2006. ("Increase" http://encarta.msn.com/encnet/features/dictionary/DictionaryResults.aspx?refid=1861620741)

in·crease [ in krss ]transitive and intransitive verb (past and past participle in·creased, present participle in·creas·ing, 3rd person present singular in·creas·es)Definition: make or become larger or greater: to become, or make something become, larger in number, quantity, or degreenoun (plural in·creas·es)

“Increase” does not mean to decrease Webster’s 13 – Webster’s Dictionary. 1913 ("Increase", http://machaut.uchicago.edu/cgi-bin/WEBSTER.sh?WORD=increase)

In*crease" (?), v. i.To become greater or more in size, quantity, number, degree, value, intensity, power, authority, reputation, wealth; to grow; to augment; to advance; -- opposed to decrease .


“Increase” means progressive growthPhilips 2 – UNITED STATES BANKRUPTCY JUDGE (Louis, IN RE LAWRENCE D. GOLDBERG, DEBTOR; DWAYNE M. MURRAY, TRUSTEE, PLAINTIFF VERSUS MAE M. STACY TRUST AND F. EUGENE RICHARDSON, DEFENDANTS, 5/1, lexis) (emphasis in the original)

In determining the plain meaning of the phrase "increases the obligor's insolvency," the Court initially notes that this phrase makes no reference whatsoever [**50] to a "reasonably equivalent value" test 26 or even to the "fair consideration" test of the Section 3 of the UFCA. 27 Instead, Article 2036 of the Civil Code merely uses the word "increases," and the absence of "reasonably equivalent value" language or "fair consideration" language rings loudly in the Court's judicial ear. Accordingly, the Court will focus on the plain meaning of the term "increases." Taking note from one of the dictionaries of choice of the United States Supreme Court, 28 the Court finds that the definition of the word "increase" in Webster's Ninth New

Collegiate Dictionary reads as follows:¶ [*270] To become progressively greater (as in size, amount, number, or intensity). . . . to make greater: AUGMENT. . . . INCREASE, ENLARGE, AUGMENT, MULTIPLY mean to make or become greater. INCREASE used intransitively implies progressive growth in size, amount, intensity; used transitively it may imply simple

not necessarily progressive addition. . . the act or process of increasing : as . . . addition or enlargement in size, extent,

quantity.¶ Webster's Ninth New Collegiate Dictionary 611 (1990) (emphasis added).¶ As Webster's Dictionary states, the word "increase" means a progressive growth, that is, an incremental [**52] growth. Such progressive and incremental growth implies that when Article 2036 was drafted, the codifiers used the simple and easily-understood word "increase" because they meant to imply a "dollar-for-dollar" increase in the obligor's insolvency, rather than a "reasonably equivalent value" increase. Otherwise, the codifiers would not have chosen to use the word "increase" with no obvious limitation on its meaning. Moreover, since Article 2036 was crafted in 1984, well after the UFCA, which was enacted in 1918, the drafters of Article 2036 must have been well aware of the "fair consideration" requirement in Section 3 of the UFCA, and chose not to adopt such a limitation. Therefore, the Court may reasonably conclude that HN19Go to this Headnote in the case.the plain meaning of "increases the obligor's insolvency" means a "dollar-for-dollar," incremental growth, rather than insolvency as measured by a "reasonably equivalent value" standard.¶ As of this stopping place, the Court has performed its task under the Louisiana Civil Code: to ferret out the plain meaning of Article 2036 of the Louisiana Civil Code from the words of the article, itself, if possible. However, the Court will resort to other modes of statutory construction [**53] in support of its "plain meaning" analysis, primarily to assure ourselves that the apparently groundless arguments of the defendants really are so.. Positing for argument purposes only (of course) that the phrase "increases the obligor's insolvency" is susceptible of more than one meaning (i.e., a "reasonably equivalent value" meaning), analysis of the purpose of the Louisiana revocatory action and of its legislative history is now offered.


Substantially“Substantial increase” must be at least 50%UNEP 2 (United Nations Environmental Program, 10-2, www.unep.org/geo/geo3/english/584.htm)

Change in selected pressures on natural ecosystems 2002-32. For the ecosystem quality component, see the explanation of the Natural Capital Index. Values for the cumulative pressures were derived as described under Natural Capital Index. The maps show the relative increase or decrease in pressure between 2002 and 2032. 'No change' means less than 10 per cent change in pressure over the scenario

period; small increase or decrease means between 10 and 50 per cent change; substantial increase or decrease means 50 to 100 per cent change ; strong increase means more than doubling of

pressure. Areas which switch between natural and domesticated land uses are recorded separately.

"Substantial" means actually existing, real, or belonging to substanceWords and Phrases 2 (Volume 40A) p. 460

Ala. 1909. “Substantial” means “belonging to substance; actually existing; real; *** not seeming or imaginary; not elusive; real; solid; true; veritable

"Substantial" means having substance or considerableBallentine's 95 (Legal Dictionary and Thesaurus, p. 644)

having substance; considerable

"Substantially" must be gauged in contextWords and Phrases 2 (Volume 40A, p. 464)

Cal. 1956. “Substantial” is a relative term , its measure to be gauged by all the circumstances surrounding the matter in reference to which the expression has been used

Context is key --- "substantially" has no exact meaningWords and Phrases 2 (Volume 40A, p. 483)

The word “substantial” is susceptible to different meanings according to the circumstances, and is variously defined as actual, essential, material, fundamental, although no rule of thumb can be laid down fixing its exact meaning

"Substantially" should be defined on a case-by-case basisEdlin 2 (Aaron, Professor of Economics and Law – University of California Berkeley School of Law, January, 111 Yale L.J. 941)

Might price reductions of less than twenty percent qualify as substantial? In some markets they should, and it would be reasonable to decide substantiality on a case-by-case basis . One advantage of a bright-line rule is that it would let incumbents know where they stand. Monopolies that price only slightly above their average cost would be insulated from the entry of higher-cost entrants if they could credibly convey a willingness to price below the entrants' cost after entry, as illustrated in Part III. However, these monopolies do consumers little harm and may enhance market efficiency.


OceansPlural form means oceans in being used in the count sense, not the non-count mass of waterPurdue Writing Lab 14 Purdue University Online Writing Lab 2014 Count and Noncount Nouns (with Plurals, Articles, and Quantity Words) https://owl.english.purdue.edu/owl/resource/541/02/

Section 1: Definition of Count and Noncount nouns¶ Count or Noncount?¶ The main difference between count and noncount nouns is whether you can count the things they refer to or not.¶ Count nouns refer to things that exist as separate and distinct individual units. They usually refer to what can be perceived by the senses.¶ Examples: table finger bottle chair remark award word girl candidate¶ Example sentences: I stepped in a puddle. (How many puddles did you step in? Just one.) I drank a glass of milk. (Glasses of milk can be counted) I saw an apple tree. (Apple trees can be counted)¶ Noncount nouns refer to things that can't be counted because they are thought of as wholes that can't be cut into parts. They often refer to abstractions and occasionally have a collective meaning (for example, furniture).¶ Examples: anger courage progress furniture education weather warmth leisure precision¶ Example sentences: I dove into the water. (How many waters did you dive into? The question doesn't make any sense; therefore water is noncountable.) I saw the milk spill. (How many milks? Milk cannot be counted.) I admired the foliage. (How many foliages? Foliage cannot be counted.)¶ Think of the batter from which a cake is made. Before you put the batter into the oven, it can't be divided into parts because it's a thick liquid. Once it has been baked, it becomes solid enough to be cut into pieces. Noncount nouns are like cake batter; count nouns are like pieces of cake¶ Note: Since the issue is complicated and almost no rule is absolute, there will be exceptions to the above definitions; however, we can show some general patterns. Bear in mind that what is countable in another language may not be countable in English, and vice versa.¶ Section 2: Uses of Count and Noncount Nouns¶ Pluralizing¶ The Rule¶ From the definitions of mass and count given above you may have already guessed the rule for pluralizing them:¶ most count nouns pluralize with -s¶ noncount nouns don't pluralize at all ¶ This rule works for all of the nouns in the lists of examples in the first section. Check this rule for yourself before reading further.¶ An Exception to the Rule¶ For a number of nouns, the rule needs slight revision. Certain nouns in English belong to both classes: they have both a noncount and a count meaning. Normally the noncount meaning is abstract and general and the count meaning concrete and specific. Compare:¶ Count¶ I've had some difficulties finding a job. (refers to a number of specific problems)¶ The talks will take place in the Krannert building. (refers to a number of specific lectures)¶ The city was filled with bright lights and harsh sounds. (refers to a number of specific lights and noises)¶ Noncount¶ She succeeded in school with little difficulty. (refers to the general idea of school being difficult)¶ I dislike idle talk. (refers to talking in general)¶ Light travels faster than sound. (refers to the way light and sound behave in general)¶ Note: A special case of the use of noncount nouns in a count sense has to do with classification. Sometimes a usually noncount noun can be understood as one item separate and distinct from other items of the same category. The nouns that function in this way often denote foods and beverages: food(s), drink(s), wine(s), bread(s), coffee(s), fruit(s), and so on. Examples:¶ There are several French wines to choose from. (= kinds of wine)¶ I prefer Sumatran coffees to Colombian. (= kinds of coffee)¶ We use a variety of different batters in our bakery. (= kinds of batter)¶ A recent entry into this class is homework, which at least among some students has the count plural homeworks in addition to its noncount use. (For example, "You're missing three of the homeworks from the first part of the course.") Because this usage is not firmly established and is likely to be considered nonstandard, you should check with your instructor before using it in writing.¶ A Revision of the Rule¶ These exceptions require that the rule for pluralizing be revised: count nouns and nouns used in a count sense pluralize; noncount nouns and nouns used in a noncount sense do not.¶ The two possibilities in each half of the rule require different choices. If you know that a particular noun must be either count or noncount and cannot be both, you need to decide only if it is possible to pluralize the noun. On the other hand, if you know that a particular noun may be used in either a count or noncount sense, then you need to decide whether it is appropriate to pluralize.

The single continuous body of water definition is the non-count meaning of oceanMerriam-Webster 14 Merriam-Webster Learner's Dictionary2014http://www.learnersdictionary.com/definition/ocean

ocean Listen to audio/ˈoʊʃən/ noun¶ plural oceans¶ 1 [noncount] : the salt water that covers much of the Earth's surface¶ ▪ We've sailed across hundreds of miles of ocean. — often used with the ▪ They lived near the ocean. [=the sea] ▪ He had never seen the ocean before. ▪ There's a storm moving in from the ocean. ▪ The ship quickly sank to the bottom of the ocean. ▪ the deepest parts of the ocean — often used before another noun ▪ the ocean floor/bottom/surface ▪ the salty ocean air ▪ ocean fish ▪ an ocean voyage/liner — see color picture¶ 2 or Ocean [count] : one of the five large areas of salt water that cover much of the Earth's surface¶ ▪ the Atlantic Ocean ▪ the Pacific and Indian oceans ▪ the Arctic/Antarctic Ocean¶ 3 [count] informal : a very large number or amount of something¶ ▪ an ocean of sadness — often plural ▪ oceans of time [=lots of time]


“Oceans” begin at the surfaceKnight 13 – J.D. Knight, Webmaster of Sea and Sky, Astronomer and Marine Aquarium Hobbyist, “Layers of the Ocean”, http://www.seasky.org/deep-sea/ocean-layers.html

Scientists have divided the ocean into five main layers . These layers, known as "zones", extend from the surface to the most extreme depths where light can no longer penetrate. These deep zones are where some of the most bizarre and fascinating creatures in the sea can be found. As we dive deeper into these largely unexplored places, the temperature drops and the pressure increases at an astounding rate. The following diagram lists each of these zones in order of depth.¶ Epipelagic Zone - The surface layer of the ocean is known as the epipelagic zone and extends from the surface to 200 meters (656 feet). It is also known as the sunlight zone because this is where most of the visible light exists. With the light come heat. This heat is responsible for the wide range of temperatures that occur in this zone.

Ocean includes water, seabed and resourcesMansfield 4 Becky Mansfield Department of Geography, Ohio State University, GeoforumVolume 35, Issue 3, May 2004, Pages 313–326 Neoliberalism in the oceans: “rationalization,” property rights, and the commons question Science Direct http://www.sciencedirect.com/science/article/pii/S0016718503001155

In this paper, I address these questions by analyzing the development of neoliberalism in the oceans, and in particular in ocean fisheries. Examining the ways that past policy orientations toward fisheries have influenced the development of neoliberal approaches to ocean governance, I contend that neoliberalism in the oceans centers specifically around concerns about property and the use of privatization to create markets for governing access to and use of ocean resources. Within the Euro-American tradition that has shaped international law of the sea, the oceans (including the water column, seabed, and living and mineral resources) were long treated as common property––the “common heritage of mankind” (Pardo, 1967)––open to all comers with the means to create and exploit oceanic opportunities. Although historically there has also been continual tension between this openness of access and desire for territorialization (especially of coastal waters), treating the oceans as a commons is consistent with the idea that oceans are spaces of movement and transportation, which have facilitated mercantilism, exploration, colonial expansion, and cold war military maneuvering (Steinberg, 2001).1 Oceans have also long been sites for resource extraction, yet it has not been until recent decades that new economic desires and environmental contradictions have contributed to a pronounced move away from open access and freedom of the seas. New technologies for resource extraction combined with regional overexploitation have contributed to conflicts over resources, to which representatives from academia, politics, and business have responded by calling for enclosing the oceans within carefully delimited regimes of property rights, be those regimes of state, individual, or collective control.

“Ocean exploration” includes the sea floorMcNutt 13 – Marcia McNutt, Ocean Exploration 2020 Executive Chair and Editor-In-Chief of Science, “Ocean Exploration 2020: A National Forum”, http://oceanexplorer.noaa.gov/oceanexploration2020/oe2020_report.pdf

Participants noted that “ocean exploration” includes everything from the sub-sea floor to the ocean surface. In all of these geographic areas, participants agreed that a greater emphasis should be placed on exploring the water column than often has been the case in the past.


Camp Tools


Non-MilitaryNon-military can still has security implications – Asia example provesCosa 4 Ralph A. Cossa Non-Military Challenges in Pacific Asia: Implications for the U.S. and Europe(Prepared for the 7th Waldbrol Group Meeting on the European and Euro- Atlantic Coordination on Security Policies vis-a-vis the Asia-Pacific, Berlin, Stiftung Wissenschaft und Politik, 12- 13 Dec 2004)Presentation outline [draft: 12/6/04] http://www.swp-berlin.org/fileadmin/contents/ products/projekt_papiere/Cossa___Nontraditional_Security_ks.pdf

to me the greatest “nonmilitary” security challenge confronting the U.S. and Europe is managing thepolitical and economic rise of Asia in general and China in particular.- China too smart to challenge U.S. militarily (Sun Tzu); political, economic, and psychologicalbattle for influence is real challenge.

Non-military is not belonging to the armed forcesOxford 14 Oxford Dictionaries 2014 http://www.oxforddictionaries.com/us/definition/american_english/nonmilitary

Nonmilitary Syllabification: non·mil·i·tar·y Pronunciation: /ˌnänˈmiləˌterēadjective Not belonging to, characteristic of, or involving the armed forces; civilian: the widespread destruction of nonmilitary targets

“Non-military” means only civilian activity---even peacetime activity of military forces is excludedBunyan 6 – Tony Bunyan, Director and Editor of Statewatch, “Essays for an Open Europe”, http://www.statewatch.org/secret/essays2.htm

There are a few other aspects to the Solana decision which are worrisome. First, the phrase "non-military crisis management" refers to civilian aspects of crisis management, such as police and judicial co-operation. This would exclude, for example, access to all documents relating to the new EU rapid-reaction paramilitary police force, even with regard to policymaking matters . Second, the Solana decision allows international organisations such as NATO and third countries such as the US to veto a citizens access to documents if the documents have been drawn up by or in conjunction with them. For all the rhetoric of the EU on the need for greater transparency only the Netherlands, Sweden, and Finland voted against adoption of the Council's Solana decision.

Military operations “other than war” are limitlessStepanova ‘2Dr Ekaterina Stepanova heads Peace and Conflict Studies Unit and is a lead researcher at Institute of the World Economy & International Relations Candidate of Historical Sciences, “MILITARY OPERATIONS OTHER THAN WAR (THE U.S. VIEW)” – Military Thought – No. 2, 2002 – pp. 127–133.

The term “operations other than war”* itself is formulated by the rule of contraries, stressing their specifics as opposed to conventional military operations. The change of

http://www.swp-berlin.org/fileadmin/contents/


terminology was also supposed to symbolize the difference of the new concept, which placed a special thrust on the non-military character of humanitarian, peacekeeping, and other suchlike operations, from the 1970s-1980s theory of low-intensity conflicts where they were regarded as less intensive military operations. The concept of operations other than war is by definition rather blurry : In U.S. society itself, there are plenty of versions of their definition and classification, as reflected in the relevant documents by the Joint Chiefs of Staff, the Department of Defense, U.S. Army field manuals, and so forth.2 The U.S. military doctrine specifies the following main types of operations other than war:Humanitarian operations in crisis zones that for their part include the following: assistance in natural disasters and other emergencies (say, man-made disasters); assistance to refugees and displaced persons; ensuring the security of humanitarian operations (facilitating access for international humanitarian organization and service officers to disaster areas, and protection of humanitarian personnel, columns of refugees and areas of their temporary accommodation, humanitarian aid convoys and depots as well as seaports and airports used to deliver humanitarian aid); and technical support—say, in “humanitarian mine-clearing” (not directly connected with military necessity).Peace support operations: peacekeeping operations, contingent on consent by the belligerents to the presence of peacekeeping forces as well as non-use of force to the extent possible, even in self-defense—say, the UN operation in Cyprus (since 1964) or Cambodia (1991-1992 and 1992-1993); and peace enforcement operations, with none of the aforementioned limitations—e.g., NATO operations in Bosnia (since 1995) and Kosovo (since 1999).Counterinsurgency and nation assistance (assistance in creating local (national) security agencies—training, arming, technical and information support; humanitarian and other non-emergency assistance, etc.).Support for insurgency (guerrilla) movements in other countries (support by the U.S. military-political leadership for the mujahedin in Afghanistan in 1979-1989).Noncombatant evacuation operations in zones of conflict or man-made disaster (e.g., 1991 operations to evacuate U.S. and other citizens from Somalia and Zaire).Sanctions enforcement (e.g., the 1993 operation along the Haitian coast) and no-fly zone enforcement—in Iraq (since 1992) and in Bosnia (since 1993).Show of force (patrolling by U.S. Air Force of insurgency bases in the course of a coup attempt in the Philippines in 1989).Non-combat operations also include short-term actions to deliver pinpoint strikes, controlling proliferation of weapons of mass destruction, arms control (inspections), and interagency military contacts.3Although U.S. military doctrine provides for military participation in operations other than war mainly abroad, it allows for the use of armed forces in operations other than war also domestically. This includes support for civilian authorities—in dealing with strikes, emergencies and natural disasters as well as in search-and-rescue, humanitarian, and other operations; law enforcement agencies—in restoring public order (in the event of mass riots), protection of sensitive installations (e.g., electric power and water intake stations, transport and communication nodes, and so forth) as well as in counterdrug and counterterrorism operations.Whereas some types of operations other than war provide for the use of force (say, peace enforcement), others (humanitarian or “traditional” peacekeeping operations) do not. Oftentimes both types of operation are conducted simultaneously: Humanitarian operation combined with peace enforcement (as in Bosnia, Kosovo, etc.) is becoming standard practice. Finally, operations other than war can be both multilateral (multinational) and unilateral—i.e., conducted by one or several countries. The most common types of operations other than war are peacekeeping and humanitarian operations.


DevelopmentOcean development means commercial action, not preservation or conservation Underhill 7 Stefan R. Underhill, United States District Judge. STATE OF CONNECTICUT and ARTHUR J. ROCQUE, JR., COMMISSIONER OF THE CONNECTICUT DEPARTMENT OF ENVIRONMENTAL PROTECTION, Plaintiffs, v. UNITED STATES DEPARTMENT OF COMMERCE and THE HONORABLE DONALD L. EVANS, IN HIS CAPACITY AS SECRETARY OF COMMERCE, Defendants, ISLANDER EAST PIPELINE COMPANY, LLC, Intervenor Defendant.CIVIL ACTION NO. 3:04cv1271 (SRU) UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT 2007 U.S. Dist. LEXIS 59320 August 15, 2007, Decided lexis

The term "develop" is not defined in the statute, and there is a dearth of case law on the subject. In the "absence of statutory guidance as to the meaning of a particular term, it is appropriate to look to its dictionary definition in order to discern its meaning in a given context." Connecticut v. Clifton Owens, 100 Conn. App. 619, 639, 918 A.2d 1041 (2007). There are various definitions of the term "develop," some of which connote commercial and industrial progress, and some of which imply natural growth. See BLACK'S LAW DICTIONARY 462 (7th ed. 1999); WEBSTER'S NEW COLLEGE DICTIONARY 310 (2d ed. 1995). Having gained no clear answer from the dictionary, words must be given their "plain and ordinary meaning . . . unless the context indicates that a different meaning was intended." Connecticut v. Vickers, 260 Conn. 219, 224, 796 A.2d 502 (2002). [*19] Here, the plain meaning of the term "develop" includes commercial improvement. Connecticut argues, in effect, that by placing the term "develop" in the context of other terms, such as "preserve, protect, and restore," the definition of "develop" must have a natural, conservationist meaning. That argument is not supported by the legislative history of the CZMA. Congress intended the CZMA to balance conservation of environmental resources with commercial development in the coastal zone. See, e.g., COASTAL AND OCEAN LAW at 229. In fact, in the context of the CZMA, the term "develop" has been defined to mean commercial improvement. Id. ("[T]he CZMA reflects a competing national interest in encouraging development of coastal resources.").See also Conservation Law Foundation v. Watt, 560 F. Supp. 561, 575 (D. Mass. 1983) (noting that the CZMA recognizes a wide range of uses of the coastal zones, including economic development).

“Development” is preparation for commercial productionEnergy Dictionary 7 – 11-3, http://www.photius.com/energy/glossaryd.html#develop

Development: The preparation of a specific mineral deposit for commercial production ; this preparation includes construction of access to the deposit and of facilities to extract the minerals. The development process is sometimes further distinguished between a preproduction stage and a current stage, with the distinction being made on the basis of whether the development work is performed before or after production from the mineral deposit has commenced on a commercial scale.

“Development is construction for commercial purposesBaird 10 – Susan Baird, Assistant Coordinator of the Natural Resources Board of Vermont, “Proposed Construction of Office Building/Distribution Center, Lehouillier Farm Tract Town of Johnson”, 1-8, http://www.nrb.state.vt.us/lup/jo/2010/5-09.pdf

CONCLUSIONS10 V.S.A. 6001(3)(A)(ji) defines development as the construction of improvements for commercial purposes on more than one acre of land within a municipality that has not adopted permanent zoning and subdivision bylaws. "Construction of improvements" is defined as "any physical action on a project site which initiates development." Act 250 Rule 2(C)(3).


Ocean “development” is utilization as a resourceOwen 3 – Daniel Owen, Consultant to the UN Food and Agriculture Organization, “Legal And Institutional Aspects Of Management Arrangements For Shared Stocks With Reference To Small Pelagics In Northwest Africa”, FAO Fisheries Circular No. 988, http://www.fao.org/docrep/006/y4698b/y4698b04.htm

1.2 The legal regime for management of shared stocks¶ For a stock shared between two or more neighbouring coastal States and not ranging onto the high seas, the regime of Art 63(1) LOSC is appropriate. It states that:¶ Where the same stock or stocks of associated species occur within the exclusive economic zones of two or more coastal States, these States shall seek, either directly or through appropriate subregional or regional organizations, to agree upon the measures necessary to coordinate and ensure the conservation and development of such stocks without prejudice to the other provisions of this Part.¶ Regarding the term “development”, Nandan, Rosenne and Grandy[4] state that:¶ The reference to “development”... relates to the development of those stocks as fishery resources . This includes increased exploitation of little-used stocks, as well as improvements in the

management of heavily-fished stocks for more effective exploitation. Combined with the requirement in article 61 of not endangering a given stock by overexploitation, this envisages a long-term strategy of maintaining the stock as a viable resource.

“Ocean development” includes coastal activitiesAbel 2 – R.B. Abel, Research Scientist in the Davidson Laboratory at Stevens Institute of Technology, Coastal Ocean Space Utilization 3, p. 204

The enactment of" 'The Marine Development Basic Act (MDBA: Law No. 3983, Dec. 4. 19X7)' was thus a welcomed response to the urgent need for a more visionary approach to planning for nationwide coastal /one management, and even further, to coordinating interministerial conflicts rationally through the deliberation of the Marine Development Committee chaired by the Prime Minister. Article II of the MDBA stresses that the government shall, for harmonious ocean development, adopt necessary measures and arrangements for rational coordination between marine environment preservation and marine development. The definition of ocean development in this context includes coastal zone activities.

“Development” includes renewable energyParish 13 – Devon Parish, Conservation Law Foundation, “Protecting Ocean Resources and Promoting Sustainable Development”, March, http://www.clf.org/wp-content/uploads/2013/03/MA_Ocean_073012.pdf

A requirement of the Massachusetts Oceans Act of 2008, the Massachusetts Ocean Plan (Ocean Plan) was created to ensure the protection of the state’s Special, Sensitive or Unique (SSU) ocean areas while also encouraging responsible ocean development, including renewable energy , in state ocean waters. The creation of the plan proceeded in three phases: information and data gathering; draft plan development; and formal public review of the draft plan and the finalization of the plan. An extensive public participation program was conducted during each phase of the planning process with public listening sessions and workshops held across the state, more than 300 public comments filed regarding the draft plan, formal public hearings held after the release of the draft plan, and hundreds of meetings with diverse stakeholders, including marine pilots, fishermen, energy developers, non-governmental organizations, and academia.


Exploration“Exploration” ends at the point of discoveryGrieve 13 – Stewart Grieve, Partner at Corrs Chambers Westgarth, “Exploration Expenditure Under The Microscope”, 9-11, http://www.lexology.com/library/detail.aspx?g=84f4dbcb-26c8-4db7-9559-7ad03949040f

ZZGN suggests that there is a temporal aspect to “exploration” . Despite the AAT dismissing the “exploration phase” and “production phase” dichotomy in the ABARE Report, it seems, according to the AAT, that generally exploration occurs only up until the point of discovery . The problem however, is in stating precisely when a discovery is made. Between first identification of the resource and the commissioning of feasibility studies lies a range of activity that, on the AAT definition, may or may not constitute exploration. When, for instance, does appraising the size and quality of a field constitute exploration and when does it constitute a feasibility study for future development? In that regard, clearly exploration and feasibility studies are not unrelated concepts.

The target must be new or unexploredCFR 12 – Code of Federal Regulations, “TITLE 30 - MINERAL LANDS AND MINING”, http://www.law.cornell.edu/uscode/pdf/uscode30/lii_usc_TI_30_CH_17_SE_643.pdf

§ 643. “Exploration” definedAs used in this chapter, the term “exploration” means the search for new or unexplored deposits of minerals, including related development work, within the United States, its Territories and possessions, whether conducted from the surface or underground, using recognized and sound procedures including standard geophysical and geochemical methods for obtaining mineralogical and geological information.

Specific research is not “exploration”---it must be open-endedNOAA 12 – National Oceanic and Atmospheric Administration, “Independent Review of the Ocean Exploration Program 10 Year Review 2001 – 2011”, 5-21, http://explore.noaa.gov/sites/OER/Documents/about-oer/program-review/oe-program-history-overview.pdf

2.1 What is Exploration?As described in the President’s Panel Report, ocean exploration is defined as “discovery through disciplined diverse observations and the recording of the findings. An explorer is distinguished from a researcher by virtue of the fact that an explorer has not narrowly designed the observing strategy to test a specific hypothesis . A successful explorer leaves a legacy of new knowledge that can be used by those not yet born to answer questions not yet posed at the time of the exploration.” Above all, the overarching purpose of ocean exploration is to increase our knowledge of the ocean environment; its features, habitats, and species; and how it functions as part of the global ecosystem.In practice, the NOAA Ocean Exploration Program adopted and continues to promote an approach to engage teams of scientists representing multiple disciplines to explore unknown and poorly known ocean areas and phenomena. This approach also includes recruiting natural resource managers, educators, journalists, documentary filmmakers, and others to join


expeditions and provide a unique perspective on the areas being investigated. The objective is to generate a comprehensive characterization of the area and phenomena explored, providing a rich foundation to stimulate follow-on research, as well as new lines of scientific inquiry.

“Exploration of the ocean” is pure observationWooster ‘99Warren S. Wooster – in this conference he is expressly referencing his "The Contribution of Exploration to Marine Sciences," lecture presented at the 68th Statutory Meeting of the International Council for the Exploration of the Sea. Wooster is an Emeritus Professor and former Professor of marine studies and fisheries at the School of Marine Affairs of the University of Washington – ICES COOPERATIVE RESEARCH REPORT RAPPORT DES RECHERCHES COLLECTIVES NO. 260, Stockholm 1999 Centenary Lectures – These lectures were published in June of 2003 – http://biblio.uqar.ca/archives/1008099.pdf.

Twenty years ago, I gave a General Assembly lecture on "The Contribution of Exploration to Marine Sciences" in which I defined exploration as creative observation in an uncontrolled environment that allows one to see what has not been seen before . I showed the interaction of

exploratory research with that needed for fishery and other applications and concluded that attempts to distinguish between them are no more useful than those which divide oceanographers from fishery scientists. The annual record of lectures, symposia, and publications demonstrates the nature of exploration in the ICES context, as the following case study illustrates.

Research is distinct from “exploration”Keener 14 – Paula Keener, Education Director at the National Oceanic and Atmospheric Administration, “Introduction to Volume 2: How Do We Explore?”, http://oceanexplorer.noaa.gov/okeanos/edu/collection/media/hdwe-Bkgnd.pdf

On August 13, 2008, the NOAA Ship Okeanos Explorer was commissioned as “America’s Ship for Ocean Exploration;” the only U.S. ship whose sole assignment is to systematically explore Earth’s largely unknown ocean. A key part of the vision underlying this assignment is that the Okeanos Explorer is a ship of discovery. Her mission is to find anomalies; things that are unusual and unexpected. When anomalies are found, explorers aboard the ship collect basic information that can guide future expeditions to investigate hypotheses based on this information. This process underscores an important distinction between exploration and research:Exploration is about making new discoveries to expand our fundamental scientific knowledge and understanding and to lay the foundation for more detailed scientific investigations;Research is about the attempt to understand things that have previously been discovered and leads to informed decision-making.

“Exploration” is observation of all facets of the oceanGudes 1 – Scott B. Gudes, Acting Undersecretary for Oceans and Atmosphere of the Dept. of Commerce, Hearing Volume No. 107-26, 7-12, http://beta.congress.gov/congressional-report/107th-congress/house-report/809/1

Ocean exploration is defined as the systematic observation of all facets of the ocean in the three dimensions of space and the fourth dimension of time. Ocean exploration leads to unpredictable rewards; possibilities include cures for diseases, discovery of untapped mineral,


energy, and biological resources, insights into ocean system functions, and beautiful geological and biological vistas.

“Exploration” must include data collectionNordquist 7 – Myron H. Nordquist, Associate Director and Editor of the Center for Oceans Law and Policy, and Senior Fellow at the Center for National Security Law at the University of Virginia School of Law, Law, Science and Ocean Management, p. 597

Similarly in legal thinking, to define is to conceptualize and possibly identify a threshold for the application of a principle. Definitions have inclusive and exclusive effects. Marine scientific research is not defined in the Convention, despite numerous competing efforts over a number of years of negotiations at UNCLOS III.69 Nor are exploration ." marine environment or resources.'" Some writers have pointed out the lack of definitions as a problem in the MSR regime because in practice some states have subjected certain research to unjustifiable requirements, possibly because they have not sufficiently distinguished between MSR and exploration and thus characterized a wide range of research as resource-relevant. 'Soons defines exploration with reference to data collection concerning natural resources , supra note 19. at 125. Wegelein echoes a similar view, supra note 19, 83-87.

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