The National Sea Grant Law Center
 
• LAW AND POLICY DIGEST, VOLUME 2 NO. 2 •

(Plain Text Version)

The Sea Grant Law and Policy Digest is a bi-annual publication indexing the law review and other articles in the fields of ocean and coastal law and policy published within the previous six months. Its goal is to inform the Sea Grant community of recent research and facilitate access to those articles. The staff of the Digest can be reached at: the Sea Grant Law Center, Kinard Hall, Wing E - Room 256, P.O. Box 1848, University, MS 38677-1848, phone: (662) 915-7775, or via e-mail at sealaw@olemiss.edu MASGP 02-011-02

Journals featured in this issue of the Law and Policy Digest


I. ADMIRALTY
Bonner, Patrick. "Admiralty Law Institute: Confused Seas: Admiralty Law in the Wake of Terrorism: Insurance and Liability Issues Relating to an Oil Spill Caused by Terrorism." 77 Tulane Law Review 1157-1181 (2003).
The repercussions of September 11th have been felt in the marine insurance field, especially with regard to insurance for losses caused by terrorism. In recent legislation, the United States has embraced international concepts like no-fault liability, liability caps, and a larger role of private insurance. Bonner examines the impacts of these new laws on oil spills caused by terrorist attacks.

Clyne, Robert G. “Admiralty Law Institute: Confused Seas: Admiralty Law in the Wake of Terrorism: Terrorism and Port/Cargo Security: Developments and Implications for Marine Cargo Recoveries.” 77 Tulane Law Review 1183-1222 (2003).
Clyne reviews the history of terrorism from a maritime perspective and surveys the legislation and various initiatives, relevant to carriage of goods by sea, enacted since September 11th. Clyne also explores the impact of these new laws and regulations on maritime cargo litigation.

Gruendel, Robert J., and Angelique M. Crain. “Admiralty Law Institute: Confused Seas: Admiralty Law in the Wake of Terrorism: The Maritime Contract and Admiralty Jurisdiction: Recent Developments Help Clarify an Inherently Confused Landscape.” 77 Tulane Law Review 1235-1263 (2003).
One of the most challenged areas in maritime law is the extent of admiralty jurisdiction over contracts. Gruendel and Crain discuss the admiralty jurisdiction of federal courts, examine the categories of contracts which clearly fall within or outside the courts’ jurisdiction, and analyze recent contract cases exploring jurisdictional boundaries.

Hodges, Susan. Case Note. “Seaworthiness: A New Calculus Factors in Environmental Friendliness: Mobil Shipping & Transportation Co. v. Wonsild Liquid Carriers, Ltd., 190 F.3d 64 (2d Cir. 1999).” 34 Journal of Maritime Law and Commerce 497-509 (2003).
Hodges examines a recent decision by the United States District Court for the Southern District of New York which introduced a new criterion for the assessment of seaworthiness.

Parrish, Robert B. “Admiralty Law Institute: Confused Seas: Admiralty Law in the Wake of Terrorism: Preemption, Remedies, and Criminal Liability: Environmental Issues and the Ramifications of Huron Portland Cement Co. v. City of Detroit.” 77 Tulane Law Review 1265-1293 (2003).
Maritime transportation of oil and hazardous substances is regulated by one of the most comprehensive schemes in federal law. States, however, are also permitted to regulate maritime transportation with regard to pollution in the absence of a direct conflict with federal regulations. Starting with Huron Portland Cement Co., Parrish traces states’ exercise of police power in the area of pollution control and examines attempts to extend state regulation to vessel operations.

Robertson, David W., and Michael F. Sturley. “The Admiralty Extension Act Solution.” 34 Journal of Maritime Law and Commerce 209-308 (2003).
In the past, admiralty practitioners had good guidelines for determining jurisdiction in admiralty tort cases and identifying governing law in maritime cases. Through a series of Supreme Court cases, those guidelines were lost. Robinson and Sturley discuss the operation of the former guidelines and propose a new interpretation of the 1949 Admiralty Extension Act as a partial solution to problems that have arisen as a result of the loss of those guidelines.

Robertson, David W., and Michael F. Sturley. “Recent Developments in Admiralty and Maritime Law at the National Level and in the Fifth and Eleventh Circuits.” 27 The Maritime Lawyer 495-591 (2003).
Robertson and Sturley survey the recent developments in admiralty and maritime law, focusing on the national level and the Fifth and Eleventh Circuits. A wide range of topics are covered including state governmental immunity, OSHA, preemption, the rights of seamen, the primary duty doctrine, the status of non-vessel-operating common carriers, salvage, collisions, and punitive damages.

Sanger, Ladd, and Vickie S. Brandt. “Flying and Crashing on the Wings of Fortuosity: The Case for Applying Admiralty Jurisdiction to Aviation Accidents over Navigable Waters.” 68 Journal of Air Law and Commerce 283-338 (2003).
For years, federal courts have struggled with whether airline crashes over navigable waters give rise to torts recognizable under maritime law. Sanger and Brandt provide a brief introduction to admiralty law, discuss key cases in aviation litigation, and analyze the application of maritime law to aviation litigation.

Schoenbaum, Thomas J., and Jessica C. Langston. “Admiralty Law Institute: Confused Seas: Admiralty Law in the Wake of Terrorism: An All Hands Evolution: Port Security in the Wake of September 11th.” 77 Tulane Law Review 1333-1370 (2003).
Since September 11th, many experts fear that the U.S. shipping industry will be the next terrorist target. Schoenbaum and Langston survey recent international, national, state, and local initiatives to combat terrorism and maintain open and efficient ports.
II. AQUACULTURE
Alonso-Pérez, Fernano, et. al. “Land Cover Changes and Impact of Shrimp Aquaculture on the Landscape in the Ceuta Coastal Lagoon System, Sinaloa, Mexico.” 46 Ocean and Coastal Management 583-600 (2003).
Alonso-Pérez and fellow authors assessed changes in natural cover and land use within the Ceuta coastal lagoon system using mutlitemporal analysis of Landsat imagery and examine the effects of the establishment of a shrimp aquaculture industry. The study revealed that the shrimp industry has changed the coastal landscape of the area in less than fifteen years.

Firestone, Jeremy, and Robert Barber. “Fish as Pollutants: Limitations of and Crosscurrents in Law, Science, Management, and Policy.” 78 Washington Law Review 693-756 (2003).
A federal court recently ruled that non-native Atlantic salmon “escapees” from aquaculture facilities are pollutants within the meaning of the Clean Water Act. Firestone and Barber examine, primarily in the context of Atlantic salmon mariculture operations, whether fish are and should be treated as pollutants. Firestone and Barber also consider the policy implications of such a regime.

Pérez, O.M., T. C. Telfer, and L. G. Ross. “Use of GIS-Based Models for Integrating and Developing Marine Fish Cages within the Tourism Industry in Tenerife (Canary Islands).” 31 Coastal Management 355-366 (2003).
Site selection is a key factor in the success and sustainablity of an aquaculture operation. Pérez, Telfer, and Ross used GIS and related technology to develop a spatial database to locate the most suitable areas in Tenerife for cage culture development in coexistence with tourism.

Romero, Bridget B. Case Note. “Is There a Need to Regulate Mussel Harvesting? The Ninth Circuit Declares No Pollution, No Problem!: Association to Protect Hammersley, Eld, and Totten Inlets v. Taylor Resources, Inc.” 10 Missouri Environmental Law and Policy Review 158-178 (2003).
After reviewing the recent holding by the Ninth Circuit that mussel shells and feces are not pollutants and mussel harvesting rafts are not point sources under the Clean Water Act, Romero examines the issue of whether fish/shellfish byproducts may constitute pollutants when discharged from aquaculture facilities, primarily focusing on Missouri’s aquaculture facilities.

VanderZwaag, David, Gloria Chao, and Mark Covan. “Canadian Aquaculture and the Principles of Sustainable Development: Gauging the Law and Policy Tides and Charting a Course – Part II.” 28 Queen’s Law Journal 529-580 (2003).
VanderZwaag, Chao, and Covan examine the extent to which the Canadian regulatory framework for aquaculture embraces the four principles of sustainability: integration, precaution, environmental impact assessment, and public participation. Part I, published in the Fall 2002 issue of Queen’s Law Journal, covered the aquaculture law and policies of the federal government and the province of British Columbia. Part II contains a survey of the Atlantic provinces and an evaluation of overall trends.
III. COASTAL MANAGEMENT
Barnhizer, Daniel B, “Givings Recapture: Funding Public Acquisition of Private Property Interests on the Coasts.” 27 Harvard Environmental Law Review 295-375 (2003).
Government “givings” are governmental actions which increase the value of private property. Coastal floodplain development has increased significantly during the last thirty years, driven in part by federal, state, and local floodplain management policies which subsidize the cost of living in floodplains. Barnhizer examines the issue of government givings within floodplains and suggests changes to federal floodplain management to facilitate the recapture of these givings to fund public acquisition of redevelopment rights.

Davis, Braxton C. “Inventory, Classification, and Analysis of Special Management Areas Associated with U.S. Coastal Programs.” 31 Coastal Management 339-354 (2003).
Over sixty types of special management areas have been documented under U.S. coastal management programs. This diversity lead to the development of a classification scheme to allow comparisons and analyses across programs. Davis suggests that the requirements and incentives for special area designations under the Coastal Zone Management Act failed to standardize or influence area-based management systems associated with state coastal programs. In addition, the lack of a clear pattern between programs with respect to special area policies indicates a limited commitment to this aspect of coastal management.

Diamond, Nancy K., Lesley Squillante, and Lynne Z. Hale. “Cross Currents: Navigating Gender and Population Linkages for Integrated Coastal Management.” 27 Marine Policy 325- 331 (2003).
Diamond, Squillante, and Hale argue that too little cooperative work takes place between integrated coastal management, gender, and population organizations. An action agenda is proposed for governments, researchers, and programs to improve these linkages, build new partnerships, and attract new funding sources.

Douven, W., J. Burman, and W. Kiswara. “Spatial Information for Coastal Zone Management: The Example of the Banten Bay Seagrass Ecosystem, Indonesia.” 46 Ocean and Coastal Management 615-634 (2003).
Douven, Burrman, and Kiswara seek to demonstrate the benefits of geo-information technology to integrated coastal zone management. The use of spatial databases and GIS in the policy analysis phase of coastal management is highlighted with a case study of seagrass beds in Indonesia.

Eleveld, Marieke A., Wolfram B. H. Schrimpf, and Ardy G. Siegert. “User Requirements and Information Definition for a Virtual Coastal and Marine Data Warehouse.” 46 Ocean and Coastal Management 487-505 (2003).
The European Community supports the development of CoastBase, a European Virtual Coastal and Marine Data Warehouse, to improve data and information exchange. Eleveld, Schrimpf, and Siegert define the relevant and obtainable data and information within CoastBase and discuss the results of a study of user requirements.

Foster, Elizabeth G. and Marcus Haward. “Integrated Management Councils: A Conceptual Model for Ocean Policy Conflict Management in Australia.” 46 Ocean and Coastal Management 547-563 (2003).
Several Australian coastal and marine policy initiatives identify the need to improve sectoral and jurisdictional integration, including Australia’s Ocean Policy. Foster and Haward review these initiatives and those in other countries, specifically Canada, and propose Integrated Management Councils as the next step in integrated and adaptive management.

Haiqing Li. “Management of Coastal Mega-Cities – A New Challenge in the 21st Century.” 27 Marine Policy 333-337 (2003).
Haiqing Li addresses the issues of coastal mega-cities and discusses the importance of coastal mega-cities in integrated coastal management. Country practices are also summarized and the outcome of an IOC-SOA international workshop on coastal mega-cities is detailed.

Kay, Robert, et. al. “Management Cybernetics: A New Institutional Framework for Coastal Management.” 31 Coastal Management 213-227 (2003).
“Dimensional thinking” allows the visualization of institutional structure, assists with the assessment of the effectiveness of institution-stakeholder relationships, and redesign. Coastal management programs were originally a single dimension with programs delivered in isolation. Today most have evolved to a second dimension, management of programs through coordinating bodies and plans. Kay and co-authors developed a visualization tool drawn from management cybernetics to illustrate a future third dimension of institutional arrangements and illustrate its potential application.

Krause, Gesche, and Marion Glaser. “Co-evolving Geomorphical and Socio-economic Dynamics in a Coastal Fishing Village of the Bragança Region (Pará, North Brazil).” 46 Ocean and Coastal Management 859-874 (2003).
A number of socio-economic problems in the coastal fishing villages of the Bragança Region are caused by unpredictable erosion patterns. The different land use patterns developed by the different social groups influence local coastal morphodynamics. Krause and Glaser use the hydrodynamic signature and the socio-economic organization of the coastal communities to determine the state of the coastal system and develop policy actions.

McKenna, John, et. al. “Obsolete Maps and Coastal Management: Case Studies from Northwest Ireland.” 31 Coastal Management 229-246 (2003).
Rapid changes at dynamic coastal sites can render legally authoritative maps obsolete, aggravating coastal management problems. To illustrate this issue, McKenna and fellow authors examine two case studies from County Donegal in Northwest Ireland, one involving a century-old map and the other rapid coastal erosion, and offer suggestions to mitigate these problems.

Pérez-Sánchez, Eunice, and James F. Muir. “Fishermen Perception on Resources Management and Aquaculture Development in the Mecoacan Estuary, Tabasco, Mexico.” 46 Ocean and Coastal Management 681-700 (2003).
Pérez-Sánchez and Muir studied the perceptions of Mecoacan fishing communities regarding the management of coastal resources and their awareness of the potential impacts of coastal aquaculture.

Randall, Martin M. “Coastal Development Run Amuck: A Policy of Retreat May Be the Only Hope.” 18 Journal of Environmental Law and Litigation 145-185 (2003).
More than fifty-three percent of the U.S. population lives in coastal areas. Randall discusses the various factors that have promoted or restrained coastal development in the last twenty years, including the National Flood Insurance Program and the Coastal Barrier Resources Act. Randall also examines the obstacles to the adoption of a public policy of retreat from the coasts.

Rogers, Robert L. III. “Turning River Water into Gold: Why Oyster Harvesters Should Not Be Permitted to Cash in on Changes in Salinity Caused by the Caernarvon Water Diversion Project.” 22 Virginia Environmental Law Journal 53-80 (2003).
The Caernarvon Water Diversion Project is an ambition project to preserve thousands of miles of coastal wetlands in Louisiana by diverting water and sediment from the Mississippi River to marshlands. This diversion, however, will change the salinity of surrounding waters, raising concerns that fishermen, oyster harvesters, and others with property interests will succeed in suits for damages cause to traditional harvesting grounds. Rogers examines the litigation surrounding the Caernarvon Water Diversion Project with a particular focus on the claims filed by oyster harvesters.

Tagliani, P. R. A., et. al. “Integrated Coastal Zone Management in the Patos Lagoon Estuary: Perspectives in Context of [a] Developing Country.” 46 Ocean and Coastal Management 807- 822 (2003).
The Patos Lagoon Estuary is located on the southern Brazilian coast and a variety of economic sectors in nearby cities, such as shrimp fisheries and tourism, rely heavily on the estuary. Tagliani and co-authors describe a recent initiative to implement an integrated coastal zone management program for the estuary.

UNESCO, A Reference Guide on the Use of Indicators for Integrated Coastal Management - ICAM Dossier 1, IOC Manuals and Guides No. 45 (2003).
International Coastal Management guidelines developed by international organizations underscore the importance of indicators to monitor environmental changes, assess trends, and gauge effectiveness. Building on a background paper prepared for an international workshop in 2002, UNESCO presents a literature review on the use of coastal indicators at the global, regional, national, and local level. (Available from UNESCO at http://ioc.unesco.org/icam/files/Dossier.pdf ).

West, Mary Beth. “Improving Science Applications to Coastal Management.” 27 Marine Policy 291-293 (2003).
West discusses the draft International Plan of Action to Improve Status and Trends Reporting, the Global Ocean Observing System, and the “Geographic Information for Sustainable Development” initiative. West also considers the role of science in the responsible stewardship of the world’s oceans.
IV. CORAL REEFS
Leichter, James J., Hannah L. Stewart, and Steven L. Miller. “Episodic Nutrient Transport to Florida Coral Reefs.” 48 Limnology and Oceanography 1394-1407 (2003).
Leichter, Stewart, and Miller studied the changes in nutrient fluxes associated with a high frequency form of upwelling in the Florida Keys caused by internal tidal bores. The study revealed that there is a rather large offshore nutrient pump. Naturally-occurring nitrogen and phosphorus are delivered to the coral reefs via upwellings. These “nitrogen deliveries” can occur several times a day and deliver twenty to forty times more nitrogen and phosphorus to the outer coral reefs in Florida than sewage and storm water runoff.
V. DAM REMOVAL
The H. John Heinz III Center for Science, Economics and the Environment. Dam Removal Research: Status and Prospects (William L. Graf ed., 2003)
In 1999, the Heinz Center convened a panel of experts to identify potential outcomes of small dam removal and connect scientific research to the decision-making process. The panel’s work was detailed in a 2002 Center report, Dam Removal: Science and Decision Making. The panel recommended that a technical conference or workshop on the scientific aspects of dam removal be held to improve interdisciplinary communication. The Dam Removal Research Workshop was held in October 2002. Dam Removal Research: Status and Prospects includes the papers presented during the workshop and a summary of the workshop discussions. (Available from the Heinz Center at http://www.heinzctr.org/ ).

Wegner, David L. “Snake River Dam Breaching: River and Salmon Politics in the George W. Bush Administration.” 33 Golden Gate University Law Review 419-445 (2003).
The U.S. Army Corps of Engineers operates four dams on the lower Snake River, a major tributary of the Columbia River. Wegner examines the present state of salmon affairs in the Snake River, discusses the administrative and legislative history of the river, outlines some reasons for the salmon decline, and proposes actions to move beyond the bureaucratic stalemate.
VI. DUNE MANAGEMENT
Rodgers, Spencer, and David Nash. North Carolina Sea Grant. The Dune Book (2003).
In this new publication from North Carolina Sea Grant, Rodgers and Nash present guidelines and best management practices for dune management along developed shorelines in North Carolina. Rodgers and Spencer begin by describing the benefits of sand dunes and dune vegetation, how the beach works, and the various types of beach erosion. The Dune Book provides detailed information on the best dune grasses for the North Carolina coast, along with planting and fertilizing tips. The chapter on Best Management Practices for dune building addresses such issues as fencing, access, beach scraping, and permitting. (Available from North Carolina Sea Grant at http://www.ncseagrant.org/files/dune_booklet.pdf ).
VII. ECONOMICS
Delgado, Christopher L., Nikolas Wada, Mark W. Rosegrant, Siet Meijer, and Mahfuzuddin Ahmed. Fish to 2020: Supply and Demand in Changing Global Markets (2003).
Delgado and fellow authors examine the future of world fisheries based on economics, rather than environmental factors. Through computer modeling of global supply and demand, the authors project the likely changes in fisheries over the next twenty years. The impact of changes in the fisheries sector on growth, poverty reduction, and environmental sustainability in developing countries is also examined. (Available from the International Food Policy Research Institute at http: //www.ifpri.org ).

Lal, Padma. “Economic Valuation of Mangroves and Decision-Making in the Pacific.” 46 Ocean and Coastal Management 823-844 (2003).
Lal examines the role of economic valuation in mangrove conservation and the efficient use of resources.

Whitehead, John C., Timothy C. Haab, and George R. Parsons. “Economic Effects of Pfiesteria.” 46 Ocean and Coastal Management 845-858 (2003).
Whitehead, Haab, and Parsons examine the effects of information about Pfiesteria on consumer risk perceptions, seafood demand, and willingness to pay for a mandatory seafood inspection program. Survey results indicate that a fish kill announcement increases the perceived risks of seafood and decreases the demand for seafood.
VIII. ECOSYSTEM MANAGEMENT
Hammer, Monica, Cecilia M. Holmlund, and Maria Åqvist Almlöv. “Social-Ecological Feedback Links for Ecosystem Management: A Case Study of Fisheries in the Central Baltic Sea Archipelago.” 46 Ocean and Coastal Management 527-545 (2003).
The Central Baltic Sea Archipelago has undergone a transition from a region relying mainly on a mixture of local natural resources to one dominated by the recreational demands on nearby urban areas. This transition has altered user patterns of fish resources. Hammer, Holmlund, and Almlöv examine, applying an ecosystem management perspective, the implications of changing social-economic feedback links for sustainable coastal management in this region.

Suman, Daniel. “Can You Eat a Mangrove?: Balancing Conservation and Development in the Management of Mangrove Ecosystems in Cuba.” 16 Tulane Environmental Law Journal 619- 652 (2003).
Mangroves are found along approximately seventy percent of Cuba’s coastline. Suman examines the mangrove-related legislation in Cuba and the management strategies of Cuban authorities. Some of Cuba’s accomplishments in natural resource law and policy are highlighted, as well as obstacles to effective mangrove ecosystem management.

IX. ENDANGERED SPECIES
Brennan, Michael J., et. al. “The Endangered Species Act: Thirty Years of Politics, Money, and Science: Square Pegs and Round Holes: Application of the ‘Best Scientific Data Available’ Standard in the Endangered Species Act.” 16 Tulane Environmental Law Journal 387-444 (2003).
Although agencies are required to use the “best scientific data available” when making decisions under the Endangered Species Act (ESA), Congress failed to provide guidance on when data meets this standard. Brennan and co-authors discuss the role of scientific evidence in ESA implementation, judicial attempts to apply the “best scientific data available” standard, and recent legislative attempts to modify the standard.

Doremus, Holly, and A. Dan Tarlock. “Fish, Farms, and the Clash of Cultures in the Klamath Basin.” 30 Ecology Law Quarterly 279-350 (2003).
The Endangered Species Act is often considered a catalyst, with the ability to convince states and local populations to adjust to societal support for environmental protection. Doremus and Tarlock examine this catalyst strategy in the context of the events in the Klamath Basin during 2001, explore possible alternatives, and discuss lessons learned.

Patlis, Jason M. “The Endangered Species Act: Thirty Years of Politics, Money, and Science: Riders on the Storm, or Navigating the Crosswinds of Appropriations and Administration of the Endangered Species Act: A Play in Five Acts.” 16 Tulane Environmental Law Journal 257- 329 (2003).
Today, Endangered Species Act listing decisions are driving solely by litigation and the system’s survival depends on an obscure, bipartisan congressional rider. After providing a primer on the legislative process, Patlis examines how financially-challenged agencies, like the Fish and Wildlife Service, are dealing with growing numbers of congressionally and judicially imposed mandates.

Perron, Brian J. “Just Another Goldfish Down the Toilet?: The Fate of Pacific Salmon after Alsea Valley and the De Facto Rescission of the 4(D) Rule.” 33 Environmental Law 547-594 (2003).
On September 10, 2001, an Oregon federal judge in Alsea Valley Alliance v. Evans set aside NMFS’s 1998 listing of Oregon coast coho salmon for failure to consider hatchery fish. As a result, almost all other Pacific salmon and steelhead listings, as well as the 4(D) rule, are currently in doubt. Perron examines the 4(D) rule, the Alsea Valley decision, and the likely aftermath of the decision, which the Bush Administration decided not to appeal.

Sorice, Michael G., C. Scott Shafer, and David Scott. “Managing Endangered Species within the Use/Preservation Paradox: Understanding and Defining Harassment of the West Indian Manatee (Trichechus manatus).” 31 Coastal Management 319-338 (2003).
The interactions between tourists and the endangered West Indian manatees in Crystal River, Florida, where tourists can swim with the animals, raises the issue of harassment, which is prohibited by law. Sorice, Shafer, and Scott examine how the construct of harassment is defined and applied to manatee encounters. A management framework is recommend to establish best management practices.
X. FISHERIES MANAGEMENT
Bagley, Paul R. “Don’t Forget About the Fishermen: In the Battle Over Fisheries Conservation and Management a Conservation Ethic Has Trumped Economic Concerns of the Community.” 36 Suffolk University Law Review 765-786 (2003).
In recent challenges to federal fishery regulations, fishermen have argued that the National Marine Fisheries Service (NMFS) improperly evaluated the economic impacts of the regulations on their communities. Bagley argues the NMFS and courts have favored conservation over economic concerns and suggests an alternative definition of “fishing community” which reflects the various fishing-related industries present in a fishing community.

Brisman, Avi. “A Less Tragic Commons?: Using Harvester and Processor Quotas to Address Crab Overfishing.” 26 Seattle University Law Review 929-978 (2003).
The North Pacific Fishery Management Council recently decided to replace the existing License Limitation Program with a program that would assign individual fishing quotas to harvesters and individual processing quotas (IPQ) to processors. Brisman examines the legal issues surrounding IPQs and the costs and benefits of crab rationalization.

Eagle, Josh, and Barton H. Thompson, Jr. “Answering Lord Perry’s Question: Dissecting Regulatory Overfishing.” 46 Ocean and Coastal Management 649-679 (2003).
Eagle and Thompson discuss the potential sources for regulatory overfishing, defined as overfishing in individual fisheries. Case studies of two federally managed, overfished fisheries in the United States are examined and several suggestions are offered to improve fisheries management and the overall management process.

Ebbin, Syma A. “Swimming Upstream: Institutional Dimensions of Asymmetrical Problems in Two Salmon Management Regimes.” 27 Marine Policy 441-448 (2003).
Ebbin examines the institutional dimensions of asymmetrical resource-based problems, drawing results from case studies in Alaska and Washington involving Pacific salmon management.

Eggert, Håkan, and Anders Ellegård. “Fishery Control and Regulation Compliance: A Case for Co-management in Swedish Commercial Fisheries.” 27 Marine Policy 525-533 (2003).
Eggert and Ellegård present the results of a survey of regulatory compliance and the attitudes of Swedish commercial fishermen to control and restrictions.

Gable, F. J. “A Practice-Based Coupling of the Precautionary Principle to the Large Marine Ecosystem Fisheries Management Concept with a Policy Orientation: The Northeast United States Continental Shelf as a Case Example.” 31 Coastal Management 435-456 (2003).
Gable examines the interdisciplinary sustainable aspects of fisheries as part of ocean management. Gable discusses the human-caused impacts and their roles as modifiers of living marine resources and the management and ecological aspects of fish stock populations as part of a large marine ecosystem. An interdisciplinary policy orientation paradigm for the sustainability of marine life is suggested.

Gray, Tim, and Jenny Hatchard. “The 2002 Reform of the Common Fisheries Policy’s System of Governance – Rhetoric or Reality?” 27 Marine Policy 545-554 (2003).
The European Union’s 2002 Reform of the Common Fisheries Policy (CFP) was supposed to overhaul the failing European fisheries system. Also in 2002, the European Commission undertook a reappraisal of the CFP to improve the CFP’s governance system through increased stakeholder participation, transparency, and accountability. Gray and Hatchard conclude that this attempt to improve governance was more rhetorical than real.

Grynberg, Roman. “WTO Fisheries Subsidies Negotiations: Implications for Fisheries Access Arrangements and Sustainable Management.” 27 Marine Policy 499-511 (2003).
Grynberg examines the WTO negotiations on fisheries subsidies and their impact on coastal developing countries. Grynberg also suggests issues which coastal developing nations should incorporate into their negotiating positions and explores management strategies for the new subsidies.

Hernandez, Alvaro, and Willett Kempton. “Changes in Fisheries Management in Mexico: Effects of Increasing Scientific Input and Public Participation.” 46 Ocean and Coastal Management 507-526 (2003).
In 1995, faced with fisheries management problems, over-capitalization, monopolies, and social conflicts caused by a national policy of promoting accelerated fishing effort, Mexican officials began implementing structural changes in management, science, and enforcement institutions. Hernandez and Kempton analyze the changing roles of these institutions during the 1990’s, with particular attention to the introduction of science-based categorization of fisheries status and public participation.

Islam, Md. Shahidul. “Perspectives of the Coastal and Marine Fisheries of the Bay of Bengal, Bangladesh.” 46 Ocean and Coastal Management 763-796 (2003).
The Bay of Bengal is one of the most highly productive areas in the world, but one of the most poorly studied. Islam details the coastal and marine fisheries of the Bay of Bengal, contributing to the available information base and identifying future management and research needs.

Kirke, Brian. “Enhancing Fish Stocks with Wave-Powered Artificial Upwelling.” 46 Ocean and Coastal Management 901-915 (2003).
Kirke argues that fisheries productivity can be enhanced by mimicking natural upwellings through the mechanical pumping of nutrient-rich deep ocean water to the surface. Kirke proposes a demonstration project involving the use of a simple wave-powered pump and explores possible solutions to the problems of dilution and the plunging of dense, nutrient-rich deep ocean water.

Kitts, Andrew W., and Steven F. Edwards. “Cooperatives in U.S. Fisheries: Realizing the Potential of the Fishermen’s Collective Marketing Act.” 27 Marine Policy 357-366 (2003).
The success of recent quota-based harvesting techniques highlight the potential for extensive cooperative arrangements under the Fishermen’s Collective Marketing Act of 1934. Kitts and Edwards argue that with fisheries increasingly managed by quotas and limited access, fishery cooperatives will be in a better position to share harvest capacity, reduce cost, and negotiate prices.

McGaw, Richard. “Aboriginal Fisheries Policy in Atlantic Canada.” 27 Marine Policy 417-424 (2003).
Following a 1999 Canadian Supreme Court ruling that the aboriginals of Atlantic Canada had a right to maintain a livelihood through fishing, Canada implemented a plan to provide the aboriginals with access to the fishery. McGaw reviews the implementation of this plan.

Mikalsen, Knut H., and Svein Jentoft. “Limits to Participation? On the History, Structure, and Reform of Norwegian Fisheries Management.” 27 Marine Policy 397-407 (2003).
The ultimate authority in Norwegian fisheries management lies with the central government, although there is an element of power sharing through corporatist arrangements. Mikalsen and Jentoft examine the history of Norwegian fisheries management and explore the challenges surrounding institutional reform.

Montero Llàcer, Francisco J. “Open Registers: Past, Present, and Future.” 27 Marine Policy 513-523 (2003).
For centuries, states have registered their vessels under flags of other states to overcome restrictions and increase profits. Montero Llàcer explores the open register system and proposes specific actions to eradicate substandard registers.

Nichols, Lindsay J. “The NMFS’s National Standard Guidelines: Why Judicial Deference May Be Inevitable.” 91 California Law Review 1375-1416 (2003).
In a recent opinion, the U.S. Supreme Court held that an agency’s interpretation of a statute is entitled to deference only if the interpretation was pursuant to congressionally delegated authority. Nichols examines the impact of this decision on judicial deference to agency guidelines and other documents, focusing specifically on the National Standard Guidelines promulgated by the National Marine Fisheries Service.
Nielsen, Jesper Raakjær. “An Analytical Framework for Studying: Compliance and Legitimacy in Fisheries Management.” 27 Marine Policy 425-432 (2003).
Nielsen develops an analytical framework, based on hypotheses from economic and sociological theories, for analyzing compliance and legitimacy in fisheries management.

Nielsen, Jesper Raakjær, and Christoph Mathiesen. “Important Factors Influencing Rule Compliance in Fisheries: Lessons From Denmark.” 27 Marine Policy 409-416 (2003).
Nielsen and Mathiesen present the results of a study of the acceptance of Danish fishers of imposed fisheries regulations and their respect for the management system. Three Danish fisheries were surveyed: the Baltic Sea cod fishery, the Kattegat demersal and Nephrops fishery, and the North Sea fishery for non-human consumption species.

Noble, Tim. “Co-operating in Fisheries Management: Trials and Tribulations in Scotland.” 27 Marine Policy 433-439 (2003).
Under the U.K. Sea Fisheries (Shellfish) Act of 1967, the Minister may devolve inshore fisheries management to local cooperative groups. Shetland fishermen in Scotland successfully applied for devolution in 1999, but an 2001 application by Orkney fishermen failed. Nobel examines the circumstances of the Orkney failure and speculates on the future of this policy.

Reid, Christopher, et. al. “An Analysis of Fishing Capacity in the Western and Central Pacific Ocean Tuna Fishery and Management Implications.” 27 Marine Policy 449-469 (2003).
Recently, concerns have arisen regarding an increase in catch capacity of the purse seine fishery in the Western and Central Pacific Ocean due to an increase in the catch of canning grade tuna. Reid and co-authors used data envelopment analysis to assess the current technical efficiency of the purse seine fleet and its catch capacity and examine the implications of limiting days at sea.

Santora, Christine. “Management of Turtle Bycatch: Can Endangered Species Be Protected While Minimizing Socioeconomic Impacts?” 31 Coastal Management 423-434 (2003).
Santora analyzed turtle-bycatch management issues in a small-scale gillnet fishery targeting flounder in Pamlico Sound, North Carolina to determine the feasibility of achieving dual objectives: protection of sea turtles and minimization of social and economic impacts. Santora also discusses the possibility of implementing solutions reflecting multiple values while operating under the Endangered Species Act.


Standal, Dag. “Fishing the Last Frontier – Controversies in the Regulation of Shrimp Trawling in the High Arctic.” 27 Marine Policy 375-388 (2003).
Shrimp trawling fisheries in the Norwegian Exclusive Economic Zone and in the Fisheries Protection Zone around Svalbard are not regulated through total allowable catch quotas or vessel restrictions. In recent years, fishery managers have suggested quotas to address the massive increase in catch capacity. Standal examines the forces behind the increase in catch capacity and whether the existing system, with its lack of quotas, is sufficient to manage the increase.

Sutinen, Jon G., and Robert J. Johnston. “Angling Management Organizations: Integrating the Recreational Sector into Fishery Management.” 27 Marine Policy 471-487 (2003).
Sutinen and Johnston examine methods to reduce conflicts and improve the value and sustainability of marine recreational fisheries. One approach to fully integrate the recreational sector into fisheries management proposed by Sutinen and Johnston involves the use of angling management organizations, community-based organizations designed to strengthen resource stewardship, alleviate management conflicts, and produce greater long-term net economic benefits.

Surís-Regueiro, Juan C., Manuel M. Varela-Lafuente, and Carlos Iglesias-Malvido. “Effectiveness of the Structural Fisheries Policy in the European Union.” 27 Marine Policy 535-544 (2003).
Surís-Regueiro, Varela-Lafuente, and Iglesias-Malvido analyze the effectiveness of the community structural policy in the fisheries sector of the European Union. The relative level of compliance with objectives, such as the reduction of fleets, was compared with the mechanisms which have been implemented to achieve those objectives.

Trondsen, Torbjorn, Kjetil Helstad, and James A. Young. “Market-oriented Regional Fisheries Management – An Analysis of Four Fish Regions in the North Atlantic.” 46 Ocean and Coastal Management 917-941 (2003).
Trondsen, Helstad, and Young analyzed exchange methods and ex-vessel prices in four North Atlantic Regions, including Iceland, Norway, and Scotland, to determine the influence of exchange methods on ex-vessel prices. The authors explore the implication of their findings on regional resource and coastal management.

Ward, Trevor, and Eddie Hegerl. Marine Protected Areas in Ecosystem-Based Management of Fisheries (2003).
Ward and Hegerl, in a report prepared for the Australian Department of Environment and Heritage, argue that MPAs can be designed to achieve a “double payoff” – benefits to both fisheries and conservation. Successful dual-objective MPAs require strong cooperation between conservation and fisheries agencies, analysis and documentation of the costs and benefits, and stakeholder involvement. Ward and Hegerl discuss the use of marine reserves in fisheries management and identify mechanisms for the identification and implementation of dual-objective MPAs. (Available from the ADEH at http: //www.deh.gov.au/coasts/mpa/wpc/fisheries.html ).


Whitmarsh, David, et. al. “The Economic Sustainability of Artisanal Fisheries: the Case of the Trawl Ban in the Gulf of Castellammare, NW Sicily.” 27 Marine Policy 489-497 (2003).
The trawl ban in the Gulf of Castellammare includes a designated fishing area from which non-artisanal vessel are excluded. Whitmarsh and co-authors examine the economic sustainability of the artisanal fishery operating within the protected area, the potential consequences of lifting the trawl ban, and the fishermen’s attitudes towards the ban.
XI. INTERNATIONAL TREATIES
Kunich, John Charles. “World Heritage in Danger in the Hot Spots.” 78 Indiana Law Journal 619-658 (2003).
No comprehensive, enforceable legal mechanism, domestic or international, exists to protect global biodiversity. Kunich evaluates the potential of the World Heritage Convention to become an effective tool to safeguard global hot spots.

Kwiatkowsk, Barbara. “The Southern Bluefin Tuna Arbitral Tribunal Did Get It Right: A Commentary and Reply to the Article by David A. Colson and Dr. Peggy Hoyle.” 34 Ocean Development and International Law 369-395 (2003).
This contribution is a reply to and a commentary on the article by David A. Colson and Dr. Peggy Hoyle, “Satisfying the Procedural Prerequisites to the Compulsory Dispute Settlement Mechanisms of the 1982 Law of the Sea Convention: Did the Southern Bluefin Tuna Tribunal Get It Right?” 34(1) Ocean Development & International Law 59-82 (2003). Colson and Hoyle took the view that Southern Bluefin Tuna Tribunal did not reach the correct answer. Kwiatkowsk’s survey of the Southern Bluefin Tuna and the Mox Plant cases, in light of the doctrine of procedural and substantive parallelism between the umbrella UN Law of the Sea Convention and its numerous implementing special treaties covered by Articles 281-282, leads her to conclude that the Southern Bluefin Tuna Arbitral Tribunal did get it right. (Abstract courtesy of Ocean Development and International Law).

Talitman, Dorit, Alon Tal, and Shmuel Brenner. “The Devil is in the Details: Increasing International Law’s Influence on Domestic Environmental Performance – The Case of Israel and the Mediterranean Sea.” 11 New York University Environmental Law Journal 414-478 (2003).
The Convention for the Protection of the Mediterranean Sea Against Pollution (the “Barcelona Convention”) was adopted in 1976. Israel was an enthusiastic participant in the negotiations, at a time when the nation was generally isolated from the international community due to the political climate in the Middle East. Talitman, Tal, and Brenner evaluate Israel’s marine pollution enforcement system within the context of its ratification of the Barcelona Convention and its protocol on land-based sources.