NotesThis supplements not replaces core T file with some violations our lab put together

Topicality Violations

Substantial (Funding)

a.) Interpretation: Substantial means at least 50% changeUNEP 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 millionSargent 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% changeUNEP 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-existenceBuckley, 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 already-existing 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 greaterMerriam-Webster no date[Merriam-Webster Dictionary, “Increase,” http://www.merriam-webster.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 resourcesWashington 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 effectualHigher 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 provesRothschild, 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 ProductsThis 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 effortsAdams, 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 SwordLike 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."6Dual 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 hand-held 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 categoriesAustralian 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 applicationEuroipean 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 militaryState Department 14 US Department of State 2014 Common Dual-Use and Military Control Lists of the EUhttp://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 conservationUnderhill, United States District Judge, 2007CMZA=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 productionEnergy 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 actionGrimes, 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-and-figures-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 themUS 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 resourcesOxford 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 benefitsNOAA 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 presenceLogsdon, 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 isDictionary.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 zonesDavidson, 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 baselineUnited 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 in-depth 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 oceansMerriam 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\1a : the whole body of salt water that covers nearly three fourths of the surface of the earthb : 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 underwaterNOAA, 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 definitionUSLegal.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 effectualVocabulary.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 propertyMatthews, 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 armiesTRNS April 2014Talk 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-private-armies.htmlOutside 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 impossibleMetz 1997Steven 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=0CIsBEOgBMA0#v=onepage&q=%22distinction%20between%20military%22&f=falseThe 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 affHopkins 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 conservationUnited 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 developmentWang, 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 projectsSouth 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 observationsNational 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 zonesDavidson, 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 zones- their 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 oceanDictionary.com, no date(Dictionary.com, no date, Dictionary.com, “Seabed”, http://dictionary.reference.com/browse/seafloor, accessed 7-3-14, CLF)

seabed nounthe 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.