Notes
This supplements not replaces core T file with some violations our lab put together
Topicality Violations
Substantial (Funding)
a.) Interpretation: Substantial means at least 50% change
UNEP 02 (United Nations Environment Programme, 2002, “Global Environment Outlook 3”, Ch. 4, pg.
398, http://www.unep.org/geo/geo3/english/584.htm, accessed 7/4/14, BCG)
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.
b.) Current funding for ocean management is 650.6 million – that means substantial
funding must be at least 325.3 million
Sargent Jr., Science and Technology Specialist, 13 (John, 12/5/13, Congressional Research Service,
Specialist in Science and Technology Policy, “Federal Research and Development Funding: FY2013”, pg.
42, http://fas.org/sgp/crs/misc/R42410.pdf, accessed 7/4/14, BCG)
For FY2013, President Obama requested $650.6 million in R&D funding for NOAA, an 11.9% increase in
funding from the FY2012 actual level of $573.4 million. R&D accounted for 12.9% of NOAA’s total
FY2013 discretionary budget request of $5.055 billion. The R&D request consisted of $452 million for
research (69.4%), $56 million for development (8.6%), and $143 million for R&D equipment (22.0%).
Excluding equipment, about $371 million (73.0%) of the R&D request would have funded intramural
programs and $137 million (27.0%) would have funded extramural programs.
c.) Violation: They don’t increase funding by at least 325.3 million
d.) Standards:
1. Limits: Our interpretation is key to limit small affs that do not fund more than 325.3
million dollars. Their interpretation explodes affirmative ground infinitely because
there is a limitless amount of small affs.
2. Ground: Their interpretation of substantial makes the neg lose core negative
arguments like spending DAs and politics links. These arguments are important to
check new and unpredictable affs.
e.) Voting Issue: Topicality is a voting issue for fairness and education. Reasonability is
arbitrary and makes judge intervention inevitable.
Substantial – 50%
1.) Interpretation: Substantial means at least 50% change
UNEP 02 (United Nations Environment Programme, 2002, “Global Environment Outlook 3”, Ch. 4, pg.
398, http://www.unep.org/geo/geo3/english/584.htm, accessed 7/4/14, BCG)
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.
2.) Violation: They don’t increase funding by at least 50%
3.) Standards:
a. Limits: Our interpretation is key to limit small affs that do not increase current
development or exploration by 50%. Their interpretation explodes affirmative ground
infinitely because there is a limitless amount of small affs.
b. Ground: Their interpretation of substantial makes the neg lose core negative
arguments like spending DAs and politics links. These arguments are important to
check new and unpredictable affs.
4.) Voting Issue: Topicality is a voting issue for fairness and education. Reasonability is
arbitrary and makes judge intervention inevitable.
Increase – Pre Existing
Increase means to make greater and requires pre-existence
Buckley, Attorney, 2006
[Jeremiah, “Safeco Ins. Co. of America et al v. Charles Burr et al”,
http://supreme.lp.findlaw.com/supreme_court/briefs/06-84/06-84.mer.ami.mica.pdf, retrieved 7/5/14,
WZ]
First, the court said that the ordinary meaning of the word “increase” is “to make something greater,”
which it believed should not “be limited to cases in which a company raises the rate that an individual
has previously been charged.” 435 F.3d at 1091. Yet the definition offered by the Ninth Circuit compels
the opposite conclusion. Because “increase” means “to make something greater ,” there must
necessarily have been an existing premium, to which Edo’s actual premium may be compared, to
determine whether an “increase” occurred. Congress could have provided that “ad-verse action” in the
insurance context means charging an amount greater than the optimal premium, but instead chose to
define adverse action in terms of an “increase.” That def-initional choice must be respected, not
ignored. See Colautti v. Franklin, 439 U.S. 379, 392-93 n.10 (1979) (“[a] defin-ition which declares what
a term ‘means’ . . . excludes any meaning that is not stated”). Next, the Ninth Circuit reasoned that
because the Insurance Prong includes the words “existing or applied for,” Congress intended that an
“increase in any charge” for insurance must “apply to all insurance transactions – from an initial policy of
insurance to a renewal of a long-held policy.” 435 F.3d at 1091. This interpretation reads the words
“exist-ing or applied for” in isolation. Other types of adverse action described in the Insurance Prong
apply only to situations where a consumer had an existing policy of insurance, such as a “cancellation,”
“reduction,” or “change” in insurance. Each of these forms of adverse action presupposes an alreadyexisting policy, and under usual canons of statutory construction the term “increase” also should be
construed to apply to increases of an already-existing policy. See Hibbs v. Winn, 542 U.S. 88, 101
(2004) (“a phrase gathers meaning from the words around it”) (citation omitted).
Violation: the aff’s plan is not preexisting
Grounds and Limits: the Neg can’t find specific links to DA, K’s and CP’s and the aff can
spike out of our DA and K and CP because of the generic links.
Increase - On Face
Interp- The plan itself must by an on-face increase
Increase means to make greater
Merriam-Webster no date
[Merriam-Webster Dictionary, “Increase,” http://www.merriamwebster.com/dictionary/increase, accessed 6/29/14, AC]
in·crease verb \in-ˈkrēs, ˈin-ˌ\ in·creasedin·creas·ing Definition of INCREASE intransitive verb 1: to
become progressively greater (as in size, amount, number, or intensity) 2: to multiply by the production
of young transitive verb 1: to make greater : augment 2 obsolete : enrich
Ocean development is the extraction/use of ocean resources
Washington State Legislature 91
[5/25/91, Washington State Legislature, “Ocean management.,”
http://apps.leg.wa.gov/wac/default.aspx?cite=173-26-360, accessed 7/5/14, AC]
(3) Ocean uses defined. Ocean uses are activities or developments involving renewable and/or
nonrenewable resources that occur on Washington's coastal waters and includes their associated off
shore, near shore, inland marine, shoreland, and upland facilities and the supply, service, and
distribution activities, such as crew ships, circulating to and between the activities and developments.
Ocean uses involving nonrenewable resources include such activities as extraction of oil, gas and
minerals, energy production, disposal of waste products, and salvage. Ocean uses which generally
involve sustainable use of renewable resources include commercial, recreational, and tribal fishing,
aquaculture, recreation, shellfish harvesting, and pleasure craft activity.
Increase must be the direct mandate of the plan, not just its result—an increase
cannot be effectual
Higher Education Funding Council 4
[9/30/4, British Parliament, “Memorandum from the Higher Education Funding Council for England (DCH
137),” http://www.publications.parliament.uk/pa/jt200304/jtselect/jtchar/167/167we98.htm, accessed
6/29/14, AC]
9.1 The Draft Bill creates an obligation on the principal regulator to do all that it "reasonably can to
meet the compliance objective in relation to the charity".[45] The Draft Bill defines the compliance
objective as "to increase compliance by the charity trustees with their legal obligations in exercising
control and management of the administration of the charity".[46] 9.2 Although the word "increase" is
used in relation to the functions of a number of statutory bodies,[47] such examples demonstrate that
"increase" is used in relation to considerations to be taken into account in the exercise of a function,
rather than an objective in itself. 9.3 HEFCE is concerned that an obligation on principal regulators to
"increase" compliance per se is unworkable, in so far as it does not adequately define the limits or
nature of the statutory duty. Indeed, the obligation could be considered to be ever-increasing.
Voting issue for limits and ground – everything affects the ocean—under their interp
the aff could basically do anything as long as it would somehow contribute to ocean
development—requiring a direct mandate allows sufficient flexibility but creates a
core mechanism for preparation
Its
Its
Merriam-Webster Dictionary, 11 (http://www.merriam-webster.com/dictionary/its)
: of or relating to it or itself especially as possessor, agent, or object of an action <going to its kennel>
<a child proud of its first drawings> <its final enactment into law>
Violation: The aff doesn't increase the United States Federal Government’s
development or Exploration of the Earths Oceans
Voting Issue Extra T: the aff garners advantages off of non-governmental organizations exploring or
developing the Ocean and isn’t just the USFG’s exploration/development
Ground: the private sector is a huge piece of ground for the Neg, as is state bad
arguments
Non- Military not Dual Use
A-Interpretation--Non-military excludes dual use.
There are three categories – military, non-military, and dual use.
Dual use is distinguished from non-military – export controls example proves
Rothschild, Mayor of Tucson,13 ( Jonathan Rothschild, 2013, mayor of Tucson AZ, Mayor
Rothschild’s Site,“Exporting Non-Military and Dual-Use Products”
http://www.mayorrothschild.com/event/exporting-non-military-and-dual-use-products/, Accessed
7/4/14, AA)
Exporting Non-Military and Dual-Use Products
This program will focus on the Export Administration Act, administered by the U.S. Department of
Commerce, Bureau of Industry and Security. The export controls cover “dual-use” articles and
technologies that may require licensing for export to various countries.
Restriction to non-military requires exclusion of dual use --- most military applications
are from civilian efforts
Adams, Lieutenant Colonel, 6
(Lieutenant Colonel Thomas K. Adams, US Army, Retired, 2006 , is involved in military futures work for
the US Army Special Operations Command, Fort Bragg, North Carolina. He received a Ph.D. from
Syracuse University, and is a graduate of the National Strategy Course and the US Army Command and
General Staff College, C4I,” 10 GPS Vulnerabilities” http://www.c4i.org/gps-adams.html, Accessed
7/4/14, AA)
A Double-Edged Sword
Like most recent force-modernization efforts, most of Army After Next (AAN) and Army XXI
technologies will come from commercial-sector research rather than Department of Defense (DOD)sponsored research and development. Major General Robert Scales, a key architect of the AAN
program, says about 40 percent of the dollars spent 25 years ago on telecommunications research
and development came from DOD. In Fiscal Year 2000, DOD provided about 2 percent of the funds
spent on developing information-age technologies.5 During a National Defense Industrial Association
conference on the future force, Scales remarked, "Like it or not, the advantage we are going to gain
in the future over a potential major competitor is going to come from the commercial sector. We
ought to just step back, relax and be prepared to exploit it. In many ways, too much emphasis on
military specific research . . . may very well work to our disadvantage."6
Dual use is not a ground-breaking innovation; it is a long-term trend. The United States has never
owned a freestanding, solely military industrial base. Most military equipment is off-the-shelf
commercial equipment painted olive drab. The American Expeditionary Force took commercial
trucks right off the assembly line to France in 1917. The famous C-47 World War II transport aircraft
was a green-painted cargo version of the Douglas DC-3 airliner. Artillery officers discovered handheld Hewlett-Packard calculators early on, but the first widely distributed small computers in the US
Army were ordinary Apple IIe's in a "militarized" box. The best-known example is probably the
military use of thousands of off-the-shelf commercial Grid Positioning System receivers during the
Gulf War.
DOD directed research and development in areas of particular defense interest until about 1965.
Since then, especially after the Cold War, the trend has accelerated away from DOD-led research.7
B--The plan violates – it involves dual use, it has military applications—[Insert reason
from their ev. Or some card on why the aff is dual-use]
C-Standards--The affirmative interpretation is bad for debate
1) Limits are important for negative clash and ability to prep. There are too many
possible affs for development and/or of the oceans. The specific exclusion of dual-use
is necessary because it is a starting point for making the topic more manageable.
2) Ground – Discussion of non-state interactions moots core negative positions which
center on the effects of engaging with specific states by introducing scenarios not
within the context of economic engagement skewing links and means their scenarios
will always o/w because they access EXTRA TOPICAL action
T is a voter because it's necessary for good, well-prepared debating, fairness, and
competitive equity
2NC - Dual use - Extension
There are 3 categories
Australian 99 The Australian June 4, 1999 Telco export controls relaxed lexis
The list specifies items that companies need permits to export and includes military, non-military
and dual-use goods such as computer and communications equipment.
Under the changes, controls over some telco products have been eliminated and assessments of
other products will be streamlined.
Dual use items can have military application
Euroipean Commission 14 European Commission 29 Apr 2014 Dual-use controls
http://ec.europa.eu/trade/import-and-export-rules/export-from-eu/dual-use-controls/
Dual-use items are goods, software and technology normally used for civilian purposes but which
may have military applications, or may contribute to the proliferation of Weapons of Mass
Destruction (WMD)
Dual use is distinguished from military
State Department 14 US Department of State 2014 Common Dual-Use and Military Control Lists
of the EU
http://www.state.gov/strategictrade/resources/controllist/
Establishing and implementing effective strategic trade controls are imperative to stopping the
proliferation of weapons of mass destruction and conventional weapons. One component of
effective strategic trade controls is the adoption of control lists which meet international standards.
Control lists outline which goods should be controlled due to proliferation concerns. Typically,
control lists fall into two categories, dual-use and military.
Goods and technologies are classified as military goods if they are designed specifically for military
use, such as small arms, armed vehicles and protective equipment. Goods and technologies are
considered to be dual-use when they can be used for both civil and military purposes, such as
special materials, sensors and lasers, and high-end electronics.
Limits are important for negative clash and ability to prep. There are too many
possible affs for development and/or of the oceans. The specific exclusion of dual-use
is necessary because it is a starting point for making the topic more manageable.
Swaminathan, Technology Transfer Expert, 3
(Dr K V Swaminathan, Waterfalls Institute of
Technology Transfer (WITT) February 2003 Ocean Vistas
http://www.witts.org/Ocean_wealth/oceanwealth_01_feb03/wista_oceanwealth_feture.htm
The oceans cover nearly two-thirds of the world's surface area and have profoundly influenced the
course of human development. Indeed the great markers in man’s progress around the world are in a
large measure the stages in his efforts to master the oceans. Nations and people who are conscious
of the almost limitless potential of the oceans. Those who have sought to comprehend its deep
mysteries, processes and rhythms and have made efforts to explore and utilize its resources, stand
in the van of progress, while those who have been indifferent to the critical role that oceans play in
human life and its development, have remained mired in stagnation and backwardness.
Development is not Conservation
1. Interp: Ocean Development is commercial—Excludes conservation
Underhill, United States District Judge, 2007
CMZA=Coastal Zone Management Act
[Stefan r., 8-7-07, United States District Court for the District of Connecticut, “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),”, lexis, JO]
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).
2. Violation: The aff is a form of conservation, not commercial development
3. Standards: Limits and ground. Their interp makes it a bidirectional topic where the
aff can increase commercial development, OR decrease it through conservation. That
doubles the negative research burden and steals ground because we can’t argue that
ocean development is bad
4. T is a voter to maintain equitable and educational debate
Development is Commercial
“Development” is preparation for commercial production
Energy Dictionary, 7
[11-3-07, Energy Dictionary, http://www.photius.com/energy/glossaryd.html#develop, Accessed
7/4/14, CX]
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 Must Be Physical
Government Ocean Development means physical action
Grimes, programme manager at the Perth Regional Programme Office of UNESCO's
Intergovernmental Oceanographic Commission, 12
[Sarah, 2/15/2012, SciDev.Net, “Ocean science for sustainable development: Facts and figures”,
http://www.scidev.net/global/fisheries/feature/ocean-science-for-sustainable-development-facts-andfigures-1.html. Accessed 7/5/2014 CK]
Even so, much of the ocean remains unexplored in spite of our growing recognition of its role in
sustainable development. Since the early 1990s, governments and researchers in both developed and
developing countries have made strong commitments to ongoing ocean monitoring — especially of
physical measures such as temperature and salinity and, more recently, the biological components.
Exploration/Development Must Be for Resources
A. Interpretation: Exploration means process of searching for resources, Development
means extracting them
US Code, 14
[US Code, 2014, US House, Official of the Law Revision Counsel US Code, “43 USC 1331:
Definitions”,
http://uscode.house.gov/view.xhtml?req=(title:43%20section:1331%20edition:prelim),
7-4-14, AAZ]
(k) The term "exploration" means the process of searching for minerals, including (1) geophysical
surveys where magnetic, gravity, seismic, or other systems are used to detect or imply the presence of
such minerals, and (2) any drilling, whether on or off known geological structures, including the drilling
of a well in which a discovery of oil or natural gas in paying quantities is made and the drilling of any
additional delineation well after such discovery which is needed to delineate any reservoir and to enable
the lessee to determine whether to proceed with development and production;
(l) The term "development" means those activities which take place following discovery of minerals in
paying quantities, including geophysical activity, drilling, platform construction, and operation of all
onshore support facilities, and which are for the purpose of ultimately producing the minerals
discovered;
Exploration is looking for resources
Oxford Dictionary 14 (http://www.oxforddictionaries.com/definition/english/exploration, accessed
7-5-14, J.J.)
Line breaks: ex¦plor|ation. Pronunciation: /ɛkspləˈreɪʃ(ə)n. The action of searching an area for natural
resources: Onshore oil and gas exploration
B. The aff violates
- Only affs about resource exploration and/or development
C. Voting Issue for limits and ground
1. Limits - The ocean topic is already huge, allowing any scientific experiment or
hypothetical technology development makes it impossible for the negative to prepare.
Focus on explicitly resources gives the negative a fair amount of ground that provides
links to viable energy and environment DAs
2. Ground - We provide a stable locus for link arguments for the negative
Exploration Must Be Tangible
Interpretation: ocean exploration produces tangible benefits
NOAA 13
[The National Oceanic and Atmospheric Administration (NOAA) is a federal agency focused on the
condition of the oceans and the atmosphere, 1-7-13, NOAA, “What Is Ocean Exploration and Why Is It
Important?” Accessed 7-4-14, PAC]
Ocean exploration is about making new discoveries, searching for things that are unusual and
unexpected.
Although it involves the search for things yet unknown, ocean exploration is disciplined and systematic.
It includes rigorous observations and documentation of biological, chemical, physical, geological, and
archaeological aspects of the ocean.
Findings made through ocean exploration expand our fundamental scientific knowledge and
understanding, helping to lay the foundation for more detailed, hypothesis-based scientific
investigations.
While new discoveries are always exciting to scientists, information from ocean exploration is
important to everyone. Unlocking the mysteries of deep-sea ecosystems can reveal new sources for
medical drugs, food, energy resources, and other products. Information from deep-ocean exploration
can help predict earthquakes and tsunamis and help us understand how we are affecting and being
affected by changes in Earth’s climate and atmosphere. Expeditions to the unexplored ocean can help
focus research into critical geographic and subject areas that are likely to produce tangible benefits.
Violation: The aff doesn’t defend the tangible benefits from their exploration
Standards
1) Limits: the topic is huge on its own. Allowing the aff to explore the ocean for no
reason explodes the amount of affs we have to prepare for
2) Ground: intangible advantages are impossible to get negative ground for. Making
tangible, scientific benefits the standard gives equal ground for both sides to defend
Exploration Requires Human Presence
Interpretation: Exploration requires human presence
Logsdon, George Washington University political science professor, 9
[John, Space Policy Institute, Former Director, “Fifty Years of Human Spaceflight Why Is There Still a
Controversy”, https://www.gwu.edu/~cistp/assets/docs/research/articles/Logsdon_50years.pdf, page
284, accessed 7/5/14, GNL]
Exploration is a human activity, undertaken by certain cultures at certain times for particular reasons.
It has components of national interest, scientific research, and technical innovation, but is defined by
none of them. We define exploration as an expansion of the realm of human experience, bringing
people into new places, situations, and environments, expanding and redefining what it means to be
human. What is the role of Earth in human life? Is human life fundamentally tied to the earth, or could it
survive without the planet?
Human presence, and its attendant risk, turns a spaceflight into a story that is compelling to large
numbers of people. Exploration also has a moral dimension because it is in effect a cultural conversation
on the nature and meaning of human life. Exploration by this definition can only be accomplished by
direct human presence and may be deemed worthy of the risk of human life.
Violation: The aff only expands the use of machinery in the ocean – doesn’t expand
human presence in the ocean
Ocean
An ocean is what you think it is
Dictionary.com, no date [Random House INC., http://dictionary.reference.com/browse/ocean, accessed 7-5-14, AKS]
o·cean [oh-shuh n] Show IPA
noun
the vast body of salt water that covers almost three fourths of the earth's surface.
B. Violations. The develop/explore something that is not the ocean
1) Limits- it functionally narrows the topic because it makes
development/exploration of the actual ocean the focus of the plan- the alt is hundreds
of affs that are close to or around the ocean
2) Ground- definition locks in core generics for the topic by defining the key
word of the topic
C) VOTING ISSUE for jurisdiction, education and fairness.
Ocean is not Contiguous Zone
A. Interpretations
Oceans do not include contiguous zones
Davidson, Professor of Law at University of Baltimore, ‘05
[Steven G., DEFINING "ADDITION" OF A POLLUTANT INTO NAVIGABLE WATERS FROM A POINT
SOURCE UNDER THE CLEAN WATER ACT: THE QUESTIONS ANSWERED - AND THOSE NOT
ANSWERED - BY SOUTH FLORIDA WATER MANAGEMENT DISTRICT v. MICCOSUKEE TRIBE OF
INDIANS, KEC]
The CWA defines "navigable waters" to mean¶ "the waters of the United States, including the
territorial seas." Id. § 1362(7). "Territorial seas" is defined by the CWA to mean "the belt of the
seas measured from the line of ordinary low water mark along that portion of the coast which is
in direct contact with the open sea and the line marking the seaward limit of inland waters, and
extend-¶ ing seaward a distance of three miles." Id. § 1362(8). "Contiguous¶ zone" is defined by
the CWA to mean "the entire zone established or¶ to be established by the United States under
article 24 of the Con-¶ vention of the Territorial Sea and the Contiguous Zone," id. §¶ 1362(9), while
"ocean" is defined by the CWA to mean "any portion¶ of the high seas beyond the contiguous zone."
Id. § 1362(10). EPA¶ regulations defining "waters of the United States" under the CWA¶ are at
40 C.F.R. §§ 122.2, 230.3(s), and Corps regulations defining "navigable waters" for purposes of
section 404 of the CWA are at 33¶ C.F.R. § 328.3(a).
The contiguous zone is under 12 miles from the baseline
United Nations, ‘58
[NOAA, “Convention on the Territorial Sea and the¶ Contiguous Zone¶ 1958,”
http://www.gc.noaa.gov/documents/8_1_1958_territorial_sea.pdf, accessed: July 3, 2014, KEC]
CONTIGUOUS ZONE¶ Article 24¶ 1.In a zone of the high seas contiguous to its territorial sea, the coastal
State may exercise the control necessary to:¶ (a) Prevent infringement of its customs, fiscal,
immigration or sanitary regulations within its territory or territorial sea;¶ (b) Punish infringement of the
above regulations committed within its territory or territorial sea. 2.The contiguous zone may not
extend beyond twelve miles from the baseline from which the¶ breadth of the territorial sea is
measured.¶ 3.Where the coasts of two States are opposite or adjacent to each other, neither of the
two States is entitled, failing agreement between them to the contrary, to extend its contiguous zone
beyond the median line every point of which is equidistant from the nearest points on the baselines
from which the breadth of the territorial seas of the two States is measured.
B. Violation: The affirmative develops within the contiguous zone
C. Standards:
1. Limits- The places where an affirmative can develop and explore are functionally
limitless. Affs are able to garner different methods of solvency based on where they
do so. This mechanism is key to a fair debate, especially under one of the biggest
topics debate has ever seen.
2. Education- An overflow of affirmatives leads to a dry and shallow debate. Excluding
untopical areas is key to keeping the number of affirmatives down and sparking indepth and educational debates.
D. Topicality is a voting issue for fairness and education.
Ocean is not Sea Bed
A) Interpretation:
Ocean Refers only to the water that comprises oceans
Merriam Webster Dictionary, Encyclopedia, No Date
(MWD, No Date, MWD, “Ocean”, http://www.merriam-webster.com/dictionary/ocean, accessed 7-3-14,
CLF)
Ocean
noun, often attributive \ˈō-shən\
1
a : the whole body of salt water that covers nearly three fourths of the surface of the earth
b : any of the large bodies of water (as the Atlantic Ocean) into which the great ocean is divided
B) Violation: The plan develops in the sea bed, that is not water and thus are not
development/exploration of the ocean
C) Standards:
1. Limits—Limiting the Affirmatives to ones that are topical are key to fairness and
negative ground, the negative team should be able to predict what the aff will
run based on the topic—key to good, educational debates
2. Education—only debating topical affirmatives is key to topic specific education
D) T is a voter for Fairness and Education
Ocean is Under the Water
A. Interpretation—Ocean development must occur under the water surface
The ocean starts at the surface of the water—
Knight, Scientist, 13
[J.D., Sea and Sky Founder, Sea and Sky Organization, “Layers of the Ocean,”
http://www.seasky.org/deep-sea/ocean-layers.html, accessed July 3, 2014, EK]
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.
Exploration must be underwater
NOAA, National Oceanic and Atmospheric Administration 13
(1/7/13, Ocean Explorer, “What Is Ocean Exploration And Why Is It Important?”,
http://oceanexplorer.noaa.gov/backmatter/whatisexploration.html, accessed, 7/5/14) NM
While new discoveries are always exciting to scientists, information from ocean exploration is important
to everyone. Unlocking the mysteries of deep-sea ecosystems can reveal new sources for medical drugs,
food, energy resources, and other products. Information from deep-ocean exploration can help predict
earthquakes and tsunamis and help us understand how we are affecting and being affected by changes
in Earth’s climate and atmosphere. Expeditions to the unexplored ocean can help focus research into
critical geographic and subject areas that are likely to produce tangible benefits.
B. Violation: The affirmative is ABOVE the ocean.
C. Standards:
1. 1. Limits: ocean engagement requires contextual “ocean” evidence, sets a
natural limit on the topic - the topic is gigantic – allowing affs that explore the
ocean above and below the surface makes the neg research burden impossibly
large
2. Ground: A lack of actual ocean exploration gives the aff unfair ground because
theoretically no environmental damage could ever occur—takes out all our
environment das
3. Topic Specific Education: discussing what happens within the ocean is key to
understanding its internal processes.
Affirmative Answers
AT: Substantial
1.) We meet: The government only passes one plant every 3.5 years– that’s our
Hussain 14 evidence. (This will be different for each aff, look at inherency evidence)
2.) Counter interp: Substantial is an arbitrary value without an exact definition
USLegal.com No date (Website with legal terms and definitions from US Legal Forms Inc,
“Substantial Interest Law & Legal Definition, http://definitions.uslegal.com/s/substantial-interest/,
accessed 7/4/14, BCG)
Substantial interest is a term that applies in many contexts and often isn't capable of a precise
definition. It may be defined as a percentage of ownership, but may be more generally used to mean an
interest that is not remote or nominal and affects a proprietary or pecuniary interest.
3.) Reasons to prefer:
a.) Predictable Limits: Their interpretation is arbitrary – percentage values of
“substantial affs” depends with different possibilities. (insert card indict about how their
interpretation isn’t specific to ocean R&D)
b.) Ground: Our aff allows for fair ground on both aff and neg teams. They still have
access to politics DAs while the aff also has access to core topic affirmatives like
natural gas exports. (AT: spending DA ground loss – The resolution does not specify funding of ocean R&D)
4.) Reasonability: Competing interpretations leads to a race to a bottom and potential
abuse isn’t a voter.
AT: Increase
Increase simply means make greater—can be effectual
Vocabulary.com, No date
[Vocabulary.com, “Increase”, http://www.vocabulary.com/dictionary/increase, Accessed 7/5/14, AC]
The noun increase indicates growth of something that gets bigger in number or volume. When used as a
verb, it means the act of growing or gaining more. However it's used, it refers to something that has
gotten bigger. Anything that can add on can increase. You can increase your speed to go faster, increase your
strength by working out, increase your knowledge by studying, and increase your circle of friends by meeting more people. You
can work harder to see an increase of profits, and you can prevent an increase in your electric bill by turning out unnecessary
lights. And now you’ve increased your vocabulary by learning a new word!
Develop means make available for commercial use–specifically in the context of
property
Matthews, Alaska Supreme Court Chief Justice, 91
[Warren, 3/15/91, Alaska Supreme Court, “Kenai Borough v. Cook Inlet Region & Salamatov Native
Assoc. (3/15/91), 807 P 2d 487,” http://www.touchngo.com/sp/html/sp-3671.htm, accessed
6/30/14, AC]
The meaning of the term &quot;developed&quot; under ANCSA is a question of federal law.
Consequently, the primary consideration in determining meaning is the intent of Congress. Although it
is well established that ambiguities in ANCSA are to be resolved favorably to Natives, Alaska Public
Easement Defense Fund v. Andrus, 435 F. Supp. 664, 670-71 (D. Alaska 1977); People of South Naknek v.
Bristol Bay Borough, 466 F. Supp. 870, 873 (D. Alaska 1979), if congressional intent is clear, we must
defer to it. Hakala v. Atxam Corp., 753 P.2d 1144, 1147 (Alaska 1988).
One indication of congressional intent is the ordinary meaning of the words used in the statute. In the
context of raw land,8 the common meaning of developed includes subdivided property which is ready
for sale. Webster's Third New International Dictionary of the English Language, Unabridged (1968),
defines develop in a land context as follows:
to make actually available or usable (something previously only potentially available or usable) . . . .: as
(1): to convert (as raw land) into an area suitable for residential or business purposes &nbsp;they ~ed
several large tracts on the edge of town¤; also: to alter raw land into (an area suitable for building)
&nbsp;the subdivisions that they ~ed were soon built up¤ . . . .
Cases dealing with the term &quot;developed&quot; in the context of land confirm that
&quot;develop&quot; connotes conversion into an area suitable for use or sale. Winkelman v. City of
Tiburon, 108 Cal. Rptr. 415, 421 (Cal. App. 1973) The term `developed' connotes the act of converting a
tract of land into an area suitable for residential or business uses) Muirhead v. Pilot Properties, Inc.,
258 So.2d 232, 233 (Miss. 1972) (same holding); Prince George's County v. Equitable Trust Co., 408 A.2d
737, 742 (Md. Ct. Spec. App. 1979) (&quot;Develop [is defined as] the conversion of raw land into an
area suitable for residential or business uses.&quot; (Quoting Webster's New International Dictionary,
(2d Ed. 1959)); Best Building Co. v. Sikes, 394 S.W.2d 57, 63 (Tex. App. 1965) (court approved trial court
finding based in part on extrinsic evidence that &quot;developed&quot; included subdividing, building
streets, and installing utilities)
AT: Its
Its
MacMillan Dictionary, 10 (http://www.macmillandictionary.com/dictionary/american/its)
Its belonging or relating to a thing, idea, place, animal, etc. when it has already been mentioned or
when it is obvious which one you are referring to
Counter interpretation:
The aff has to increase Exploration or Development relating to the USFG: private
actors are normal means
Extra T: the aff only gets advantages off of USFG action: this is not a voter and the aff
directly increases exploration/development relating to the USFG
AT: Non-Military and Dual Use
Defining non-military functionally is impossible – even federal agencies officially
labelled as ‘non-military’ have armies
TRNS April 2014
Talk Radio News Service “Too Many Federal Agencies Have Created Their Own Private Armies” April 21,
2014 http://www.talkradionews.com/opinion/2014/04/21/many-federal-agencies-created-privatearmies.html
Outside of law enforcement, federal agencies now employ over 25,000 people as armed agents. They
are more than guards. They’ve become like private armies that can push around private citizens. Over
70 non-military federal agencies now have their own armed agents. You expect armed agents with the
FBI, the U.S. Marshal Service and the Border Patrol. But the EPA? The Fish & Wildlife Service, Bureau of
Land Management, even the Social Security Administration and the National Institutes of Health?
Even the Department of Education and the Department of Housing and Urban Development have
their own armed agents. As do the Food and Drug Administration. And Veterans Affairs. Even the
Government Printing Office and the National Zoo. And of course the Library of Congress Collectively,
over 25,000 individuals now work as armed agents of federal agencies not usually associated with law
enforcement. These are not just guards. These agents go out on raids to enforce the orders of federal
bureaucracies. No bureaucracy should have a private army to enforce its orders against the American
people.
Distinguishing between military and civilian is impossible
Metz 1997
Steven Metz - Director of Research, and Research Professor of National Security Affairs at the U.S. Army
War College Strategic Studies Institute. “Strategic Horizons: The Military Implications of Alternative
Futures” p. 13
http://books.google.com/books?id=rtuWH8_ZKyIC&pg=PA13&lpg=PA13&dq=%22distinction+between+
military%22&source=bl&ots=-hOX-hQaB&sig=4pdcbxMWBPBhqFmGYDypYu4_N_M&hl=en&sa=X&ei=c_GwU42ZI4SUyASs2YL4BA&ved=0CI
sBEOgBMA0#v=onepage&q=%22distinction%20between%20military%22&f=false
The revolution in military affairs is having other effects as well. one is a reversal of the connection
between the size of an armed force and its prowess. Numbers mattered greatly in industrial age warfare
when sustained combat between sovereign nation-states was the most important form of military
activity. But if advanced militaries make the organizational and conceptual changes necessary to
consolidate the revolution in military affairs. small. advanced units may be more effective than the large
ones of the past. At the same time, the expense of advanced armed forces. whether in terms of
complicated equipment or in terms of the time required to train operators of the equipment, will make
attrition warfare less viable. A final important current of change is the blurring between things military
and things civilian. In part, this derives from the increasing role that information and information
technology play in military activity. There is less distinction between civilian information technology
and military technology than in other arenas. The skills needed by a future "information warrior' will
not be fundamentally different from those in charge of corporate information security. The distinction
between daily life in the military and outside it may be insignificant. The expanding concept of
national security is also leading to a melding of military and police activity. As criminals come to be
seen as the preeminent security threat in many countries, and as they become better organized, better
equipped, and interlinked. armed forces and police will perform many of the same functions and may
eventually become indistinguishable. All of this means that the distinction between military functions
and civilian functions, or between a military career and a nonmilitary career may be less evident than
in the past and may eventually fade away all together.
It is impossible to differentiate between civilian and military agents – they are
fundamentally intertwined for every aff
Hopkins et al. ‘96
(D. Douglas – senior attorney for the Environmental Defense Fund, “OPEN OCEAN AQUACULTURE: A
CONFERENCE,” quoted from testimony in an Agency Panel Discussion, Hein Online)
BILL BRENNAN: What we are going to do now is provide an opportu- nity for the various federal agencies that Doug [Hopkins] has identified in
his paper to provide you with an overview of what it is they do vis Avis aquaculture. I have also asked them if there was anything that Doug
presented in his remarks that they felt compelled to rebut or to bolster, to do so. I have asked them to each speak for about eight to ten
minutes so that we can have plenty of opportunity for questions to be directed at any of the agency representatives.¶ The first agency
representative that I would like to introduce is Ken Beal. Ken
is an assistant chief of the state-federal constituents'
programs division of the National Marine Fisheries Service in the Gloucester office. He is responsible for
oversight of all fishery development activities in the northeast region. During his career with the fisheries services,
Ken has¶ been responsible for fisheries management and environmental assessment, fisheries policy and
oceanography.¶ KEN BEAL: As Bill noted, my background is somewhat checkered. It goes into a number of the different issues that we are
talking about in this discussion. The habitat portion of my background has given me an opportunity to work with the Rivers and Harbors Act of
1899. I
have had a very intimate relationship with the [U.S. Army] Corps of Engineers. I spent my military
time as a fishery biologist for them in one of their district offices. My first job with the National Marine Fisheries
Service
was in the headquarters working with the Section 10 permit program. I do know it quite well. More recently, for the past ten years
or so, I have been involved with fisheries development activities and this has been primarily working with the Saltonstall-Kennedy grant
program, but I have also had some time in management, so I have worked very closely with the [Regional Fishery Management] Councils.¶ All of
these different phases have given me a different piece of the pie. Sometimes when you are trying to figure out how an agency reacts to a
particular situation, it's good to have a little bit more than one, narrow approach. Trying to look at how they look at one aspect, without seeing
the bigger picture. I think that is perhaps why it is a pleasure for me to be here and if it clears some heat that you folks would like to address
towards the NMFS, I'll be glad to take that too.¶ The balancing act within the National Marine Fisheries Service covers fish management,
fisheries development, conservation, a number of different aspects. In aquaculture you see an endeavor which is truly a fisheries development
approach.¶ I think that the agency realized, as
aquaculture was developing, that we did have an interest but we also saw some
problems. Chris Mantzaris and his crew in the Habitat Division worked very closely with the State and developed a joint
permit review process so that as an aquaculture developer began his permit process, he could go to one office or one individual and say, "What
do I need? What are the steps that I need to go through?" and he would get most of the answers that he was seeking. This is the type of
approach that we would like to see in other states and this is being pursued by Chris Mantzaris and his staff. Within the National Marine
Fisheries Service we have a risk-averse or a conservation-first approach to fisheries issues. While we are responsible for the marine resources, I
think that with any development that may be impacting on the marine resources, we have to take an outlook that if those resources are going
to be adversely affected, we have to address that up front. That is our first concern.¶ The
federal role in interacting with the other federal
agencies, I think, is one which many of the different offices within the NMFS are involved on a daily basis . We have
fisheries researchers at Woods Hole and other laboratories along the coast that are involved with aquaculture. The Milford Laboratory in
Connecticut, which Don Calabrese heads up, was created specifically for aquaculture and it is a great source of expertise for anyone who is
interested in pursuing this in the northeast.¶ While we don't necessarily know how this aquaculture activities decision-making process is going
to settle out with our agency and how we react to the responsibility for aquaculture in the northeast, I think I do agree with Doug that the
National Marine Fisheries Service has a signifi- cant role in the marine environment. If permitting responsibility,
leasing or whatever it happens to be, is vested with one of the federal agencies it seems logical that it be with
the National Marine Fisheries Service. Within the last two years the funding we have provided through the Saltonstall-Kennedy
grant program for aquaculture has amounted to over¶ $5 million. In some of those proposals there were matching funds which totaled over $2
million, so all together there is $7 million that has been invested in the northeast in aquaculture in just a few years. While our investment in this
industry is not the end result, I think that resolving the problems that have faced many of the aquaculturists in permitting prob- lems has been
facilitated by the fact that these grants are in place, that they have money-they have access-to try to resolve some of the problems. We have
invested and we want to see them succeed.¶ If the permits they need are being held up by other federal agencies, state agencies, and in some
cases local governments, then there is added incentive for those bodies to come up with solutions because of the investment that is behind the
request.
AT: Development is not Conservation
Ocean Development includes conservation
United Nations University, Academic and Research Arm of the UN, 1994
[United Nations University, “National case-studies: India and Japan Ocean governance: sustainable
development of the Seas,” http://archive.unu.edu/unupress/unupbooks/uu15oe/uu15oe0f.htm,
Accessed: 7/4/14, JO]
As "ocean policy," broadly speaking, covers matters involving to some degree almost all ministries and
agencies of the government, some kind of coordinating system is inevitable. For that reason, the Ocean
Science and Technology Council was set up in 1961 to advise the prime minister.11 On the
recommendation of the Council, the "Marine Science and Technology Centre in Japan" and the "Marine
Science and Aquaculture Development Centre Japan" were established in 1971. Later, the Council was
reformed as the Ocean Development Council, and expanded its brief to include all aspects of ocean
development including the conservation of marine resources .
AT: Development is Commercial
Production is not exploration or development
Wang, Quality Strategies Research Sciences Group Director, 99
[Haijiang, Science Direct, “China's Oil Industry and Market”,
http://www.sciencedirect.com/science/book/9780080430058, pg 369-370, Accessed 7-4-14, CX]
The term "petroleum operations" shall mean exploration, development and production operations
carried out in order to implement a contract, as well as activities in connection therewith;
The term "exploration operations" shall mean all work carried out to find oil-bearing traps by various
means such as geological, geophysical and geochemical means, including the drilling of exploration
wells, as well as all work carried out to determine whether a discovered petroleum trap has commercial
value, such as the drilling of appraisal wells, feasibility studies and preparation of overall development
programs for the oil/gasfield;
The term "development operations" shall mean all designing, manufacturing, installation and drilling
projects, and the corresponding research, carried out as from the date of approval of the overall
development program for the oil/gasfield for the purpose of realizing petroleum production, including
production activities carried out prior to the commencement of commercial production;
The term "production operations" carried shall means all operations out for the purpose of petroleum
production as from the date of commencement of the commercial production of an oil/gasfield, as
well as all activities in connection therewith.
AT: Development Must Be Physical
Ocean development can be multiple programs and projects
South Pacific Commission, 91
[SOUTH PACIFIC COMMISSION, 8/5/1991, INTERNATIONAL CENTRE FOR OCEAN DEVELOPMENT,
“TWENTY-THIRD REGIONAL TECHNICAL MEETING ON FISHERIES”,
http://www.spc.int/DigitalLibrary/Doc/FAME/Meetings/RTMF/23/IP22.pdf, accessed 7/5/2014 CK]
ICOD's mandate encompasses all aspects of ocean resource development and management. Programs
build on specific areas of sectoral expertise in developing countries or regions. The programs and
projects of ICOD have been grouped under several broad themes: integrated ocean management and
development (IOM); fisheries management and development; mariculture; coastal development and
management; non-living resource management and development; marine transportation and ports
management; and marine environmental conservation.
AT: Exploration is Only Resources
A. Counter-Interpretation: Exploration is more than just looking for resources
[The National Oceanic and Atmospheric Administration (NOAA), January 7th, 2013, NOAA, “What Is
Ocean Exploration and Why Is It Important?” Accessed 7-4-14, J.J.]
Ocean exploration is about making new discoveries, searching for things that are unusual and
unexpected.
Although it involves the search for things yet unknown, ocean exploration is disciplined and systematic.
It includes rigorous observations and documentation of biological, chemical, physical, geological, and
archaeological aspects of the ocean.
Findings made through ocean exploration expand our fundamental scientific knowledge and
understanding, helping to lay the foundation for more detailed, hypothesis-based scientific
investigations.
While new discoveries are always exciting to scientists, information from ocean exploration is important
to everyone. Unlocking the mysteries of deep-sea ecosystems can reveal new sources for medical drugs,
food, energy resources, and other products. Information from deep-ocean exploration can help predict
earthquakes and tsunamis and help us understand how we are affecting and being affected by changes
in Earth’s climate and atmosphere. Expeditions to the unexplored ocean can help focus research into
critical geographic and subject areas that are likely to produce tangible benefits.
Ocean exploration can improve ocean literacy and inspire new generations of youth to seek careers in
science, technology, engineering, and mathematics. The challenges of exploring the deep ocean can
provide the basis for problem-solving instruction in technology and engineering that can be applied in
other situations.
Exploration 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 exploration.
The Ocean Explorer website chronicles ocean explorations co-funded by the NOAA Office of Ocean
Exploration and Research, explains the tools and technology used during these explorations, and
provides opportunities for people of all ages to expand their understanding of the ocean environment.
Scientists, policy makers, and others interested in learning more about the “business” behind the
science presented on this site are encouraged to visit the NOAA Office of Ocean Exploration and
Research website.
AT: Exploration Requires Human Presence
C/I: Ocean exploration is the discovery of diverse observations
National Academies, no date
[Highlights of National Academies Official Report, “Ocean Exploration”,
http://dels.nas.edu/resources/static-assets/osb/miscellaneous/exploration_final.pdf, page 21, accessed
6/29/14, GNL]
What is Ocean Exploration? As defined by the President’s Panel on Ocean Exploration (National
Oceanic and Atmospheric Administration, 2000), ocean exploration is discovery through disciplined,
diverse observations and recordings of findings. It includes rigorous systematic observations and
documentation of biological, chemical, physical, geological, and archaeological aspects of the ocean in
the three dimensions of space and in time.
AT: Oceans not Contiguous Zones
A. We meet
B. Counter-interpretation
Oceans include contiguous zones
Davidson, Professor of Law at University of Baltimore, ‘05
[Steven G., DEFINING "ADDITION" OF A POLLUTANT INTO NAVIGABLE WATERS FROM A POINT
SOURCE UNDER THE CLEAN WATER ACT: THE QUESTIONS ANSWERED - AND THOSE NOT
ANSWERED - BY SOUTH FLORIDA WATER MANAGEMENT DISTRICT v. MICCOSUKEE TRIBE OF
INDIANS, KEC]
18. Id. at § 1362(16). Section 502(16) of the CWA states that "[tihe term 'dis- charge' when used without
qualification includes a discharge of a pollutant, and a discharge of pollutants." The terms "discharge of
a pollutant" and "discharge of pollu- tants" are defined by section 502(12), id. at § 1362(12), to mean
"(A) any addition of any pollutant to navigable waters from any point source, [and] (B) any addition of
any pollutant to the waters of the contiguous zone or the ocean from any point source other than a
vessel or other floating craft." "Contiguous zone" is defined by the CWA to mean "the entire area
established or to be established by the United States under article 24 of the Convention of Territorial
Sea and the Contiguous Zone," id. at § 1362(9), and "ocean" is defined by the CWA to mean "any
portion of the high seas and the contiguous zone." Id. at § 1362(10).
C. Prefer our interpretation- key to fairness and education
1. Reasonability- A lot of countries cannot develop outside of their contiguous zonestheir interpretation excludes multiple affs which lie at the core of the topic. That’s key
to education and fairness.
D. Good is good enough- T should be about a good topic not the best topic
E. Not a voter
AT: Ocean is not Sea Bed
1) We meet
2) Counter-Interp
Seabed is part of the ocean
Dictionary.com, no date
(Dictionary.com, no date, Dictionary.com,
“Seabed”,
http://dictionary.reference.com/browse/seafloor,
accessed 7-3-14, CLF)
seabed
noun
the bottom of a sea or ocean [syn: ocean floor]
3) T is not a voting issue; Vote on reasonability, Counter Interpretations are a race
to the bottom and arbitrary and will always limit out the affirmative,
reasonability is good for consistent debate.