4.4 Public Use
Conservation organizations may want or need to provide public use on leased or owned lands and resources lying within ocean and coastal waters. Certain public uses may have to be accommodated on sites due to requirements in statutory or common laws, such as the Public Trust Doctrine. In other situations, it may not be required but may be desirable to provide public use on sites to gain public support and funding or to respond to public demand. Allowing public access to sites can also help implement management activities such as monitoring and cleanup.
In any case, options and requirements regarding public use should be clarified as early as possible during the decision-making and acquisition processes. Organizations should take into consideration during these processes that they may not be able to legally or practically exclude public uses from sites because of legal requirements, enforceability, or social and cultural norms. Conservation organizations must determine whether allowing and managing public uses on leased and owned sites are compatible with their conservation goals for sites.
Depending on the legal circumstances and desires of conservation organizations, public uses may be passively accommodated or actively encouraged on sites. Public uses will likely be more prevalent on sites that are closer to shore and closer to population centers. Public uses on sites usually means there will be more maintenance and costs associated with sites when compared to sites that do not have public uses. When public uses occur on sites, monitoring should be used to ensure associated impacts are documented and minimized.
Typical public uses occurring on lands and resources within ocean and coastal waters include, but are not limited to:
- Aesthetic, cultural, and spiritual appreciation
- Beach walking
- Bird watching
- Boating and navigation
- Photography
- Resource extraction (i.e., fishing, shellfishing, hunting, shell/rock collection, seaweed harvesting)
- SCUBA diving
- Sunbathing
- Swimming
Facilities, infrastructure, and activities that may be required of lessees and owners to manage and facilitate public uses include, but are not limited to:
- Boardwalks
- Boat rentals and tours
- Interpretive programs
- Mooring buoys
- Picnic areas
- Piers
- Shelters
- Underwater interpretive trails