I. AQUACULTURE
Gerwing, Kira, and Timothy McDaniels. "Listening to the Salmon
People: Coastal First Nations' Objectives Regarding Salmon Aquaculture
in British Columbia." 19 Society & Natural Resources
259 - 273 (2006).
Gerwing and McDaniels examine the effect of the growth of salmon aquaculture
in the traditional territories of British Columbia's coastal indigenous
people (First Nations). These First Nations have relied on salmon
fisheries for thousands of years and have much to lose. Gerwing and
McDaniels examine the values of First Nations people regarding salmon
aquaculture using value-focused thinking, a problem-structure method
from applied decision analysis. The authors hope their findings can
be used to identify the criteria that should be considered when making
decisions about aquaculture development in First Nations' territories.
Pomeroy, Robert
S., et. al. "Farming the Reef: is Aquaculture a Solution for
Reducing Fishing Pressure on Coral Reefs?" 30 Marine Policy
111 - 130 (2006).
Pomeroy and co-authors investigate the feasibility of using aquaculture
to harvest live reef organisms, as opposed to current methods which
involve capturing the organisms from their wild reef habitats in the
Indo-Pacific region. Since these organisms are an important component
of international trade, Pomeroy and co-authors predict that some forms
of small-scale aquaculture of coral reef organisms may be a successful
solution to reduce fishing pressure on coral reefs.
Whitmarsh,
David J., et. al. "Searching for Sustainability in Aquaculture:
An Investigation into the Economic Prospects for an Integrated Salmon-Mussel
Production System." 30 Marine Policy 293 - 298 (2006).
One of the challenges facing environmental economists is how to estimate
the external costs of cage aquaculture and "internalize"
those costs. Whitmarsh and co-authors examine the financial viability
of a mitigation strategy which involves the development of integrated
production systems based on polyculture. The authors' findings demonstrate
the commercial potential of an integrated salmon-mussel production
system under present market condition, but stress the critical role
played by future price trends.
II.
CLIMATE CHANGE
Clark, Barry M. "Climate Change: A Looming Challenge for Fisheries
Management in Southern Africa." 30 Marine Policy 84 -
95 (2006).
Clark accesses the effects of global warming on fish stocks in South
Africa by examining ocean temperature, pressure/wind fields, carbon-dioxide
concentration, rainfall, mean sea level, and UV radiation. In addition
to identifying the fishery concerns, Clark also suggests proactive
measures that should be taken by management authorities in order to
prepare these fisheries for future changes.
Harper, Benjamin
P. "Climate Change Litigation: The Federal Common Law of Interstate
Nuisance and Federalism Concerns." 40 Georgia Law Review
661 - 698 (2006).
Harper examines the possibility of using legal action to address the
global warming issue. Harper outlines global climate change and discusses
obstacles to climate change litigation based on federal common law.
Harper suggests that suits relying on federal common law will fail
in light of courts' general unwillingness to apply it in politically
charged areas.
Melloul, A.,
and M. Collin. "Hydrogeological Changes in Coastal Aquifers Due
to Sea Level Rise." 49 Ocean and Coastal Management 281
- 297 (2006).
Global warming and climate change can lead to sea level rise and groundwater
permanent reserve losses (PRL). Melloul and Collin present a case
study of Israel's Coastal aquifer to examine the processes of groundwater
loss and how to estimate those losses.
Schwartz,
Jason. "'Whose Woods These Are I Think I Know:' How Kyoto May
Change Who Controls Biodiversity." 40 University of Richmond
Law Review 421 - 480 (2006).
The United Nations Framework Convention on Climate Change and its
Kyoto Protocol is a multilateral agreement that, on its face, has
little to do with forests. However, Schwartz contends that it could
end up interfering to an unexpected degree with nations' traditional
control over their own forests.
III.
COASTAL HAZARDS
Arlikatti, Sudha, et. al. "Risk Area Accuracy and Hurricane
Evacuation Expectations of Coastal Residents." 38 Environment
and Behavior 226 - 247 (2006).
Arlikatti and co-authors examined the accuracy with which Texas coastal
residents were able to locate their residences on hurricane risk area
maps. The authors found that overall, only 36 percent of the respondents
correctly identified their risk areas and another 28 percent were
off by one risk area. The authors conclude, however, that risk area
accuracy is of little significance because it is not correlated with
evacuation expectations. Evacuation expectations appeared to relate
to previous hazard experience and expected evacuation context.
Berke, Philip
R., and Thomas J. Campanella. "Planning for Postdisaster Resiliency."
604 The ANNALS of the American Academy of Political and Social
Science 192 - 207 (2006).
Berke and Campanella discuss major issues associated with planning
for postdisaster recovery, including barriers posed by federal and
state governments, the promise and risks of compact urban form models
for guiding rebuilding, and the failure to involve citizens in planning
for disasters. The authors offer policy recommendations to foster
predisaster recovery planning for resilient communities.
Bourque, Linda
B., et. al. "Weathering the Storm: The Impact of Hurricanes on
Physical and Mental Health." 604 The ANNALS of the American
Academy of Political and Social Science 129 - 151 (2006).
Bourque and co-authors review the deaths, injuries, and diseases attributed
to hurricanes that made landfall in the U.S. prior to Hurricane Katrina
and the information available to date about mortality, injury, and
disease attributable to Hurricane Katrina. Preliminary data indicate
that elderly people were substantially overrepresented among the dead
and that evacuees represent a population potentially predisposed to
a high level of psychological distress.
Burby, Raymond. "Hurricane Katrina and the Paradoxes of Government
Disaster Policy: Bringing About Wise Governmental Decisions for Hazardous
Areas." 604 The ANNALS of the American Academy of Political and
Social Science 171 - 191 (2006).
Burby argues that the unprecedented losses from Hurricane Katrina
can be explained by two paradoxes: the safe development paradox and
the local government paradox. The former is that in trying to make
hazardous areas safer, the federal government actually increased the
potential for catastrophic loss. The latter is that while their citizens
bear the brunt of human suffering, local officials pay insufficient
attention to policies that limit vulnerability. Burby contends, however,
that in spite of these two paradoxes, disaster losses can be blunted
if local governments prepare comprehensive plans for hazard mitigation.
Carbone, Jared,
et. al. "Can Natural Experiments Measure Behavior Responses to
Environmental Risks?" 33 Environmental and Resource Economics
273 - 297 (2006).
Carbone and co-authors evaluate the use of hurricanes as a source
of new risk information to households in coastal counties. The authors
also looked at the extent to which housing prices before and after
Hurricane Andrew reveal how Floridians in Dade and Lee counties responded
to risk information provided by the storm. Research findings suggest
there is a reasonably high level of consistency in a repeat sales
model's ability to estimate the effects of the risk information conveyed.
Cutter, Susan
L., and Christopher T. Emrich. "Moral Hazard, Social Catastrophe:
The Changing Face of Vulnerability along the Hurricane Coasts."
604 The ANNALS of the American Academy of Political and Social
Science 102 - 112 (2006).
The social vulnerability of the American population is not evenly
distributed among social groups or between places, as some regions
may be more susceptible to the impacts of hazards based on the characteristics
of the people residing within them. In high risk areas, such as the
hurricane coasts, differential vulnerabilities can lead to catastrophic
results. Cutter and Emrich argue that the geographic discrepancies
in social vulnerability necessitate different mitigation, post-response,
and recovery actions and that a one-size-fits-all approach to preparedness,
response, recovery, and mitigation may be the least effective in reducing
vulnerability or improving local resilience.
Eckstrom,
Richard L., et. al. "Adoption of the International Residential
Code in a High Hazards Region - An Overview." 12 Journal of
Architectural Engineering 1 - 11 (2006).
South Carolina was one of the first jurisdictions to adopt the 2000
International Residential Code (IRC). Eckstrom and co-authors conducted
a study to determine how well the IRC has been adopted by coastal
South Carolina communities. Their research revealed that most plan
preparers and building departments are not following the IRC, which
demonstrates the need for increased professional education and code
enforcement.
Elrod, Carrie
L., et. al. "Challenges in Implementing Disaster Mental Health
Programs: State Program Directors' Perspectives." 604 The
ANNALS of the American Academy of Political and Social Science
152 - 170 (2006).
The Crisis Counseling Assistance and Training Program grants supplemental
federal funding to states for individual and community crisis intervention
services in the aftermath of presidentially declared disasters. Elrod
and co-authors conducted a study of thirty-eight state program directors
to evaluate the effectiveness of these services. Their results highlight
the importance of, among others things, including mental health in
state-level disaster plans, clarifying program guidelines, and building
state capacity.
Harrald, John
R. "Agility and Discipline: Critical Success Factors for Disaster
Response." 604 The ANNALS of the American Academy of Political
and Social Science 256 - 272 (2006).
Over the last thirty years, the U.S. emergency management community
has been increasing its ability to structure, control, and manage
a large response. The result is a National Response System based on
the National Response Plan and the National Incident Management System.
During the same period, disaster researchers have been documenting
the nonstructural factors, such as improvisation and adaptability,
which are critical to problem solving. Harrald argues that these two
streams of thought are not in opposition, but form orthogonal dimensions
of discipline and agility that must both be achieved.
Houck, Oliver.
"Can We Save New Orleans?" 19 Tulane Environmental Law
Journal 1 - 68 (2006).
Houck analyzes the efforts of various decision-makers, including the
U.S. Army Corps of Engineers, FEMA, local authorities, and members
of Congress, to protect the Louisiana coast after Hurricane Katrina.
Houck argues that restoring the wetlands and developing a thoughtful
land-use plan, not rebuilding every inch of the coast, will best help
restore the city and provide safety for residents.
Kettl, Donald
F. "Is the Worst Yet to Come?" 604 The ANNALS of the
American Academy of Political and Social Science 273 - 287 (2006).
Following the 9/11 terrorist attacks, public officials pledged that
the nation would rise to the challenge and ensure that the country
would not suffer such a disaster again. However, many of the problems
that surfaced during 9/11 returned yet again to plague the Katrina
recovery efforts. Kettl cautions that, as bad as the problems were
in the Gulf, they could have been even worse had the storm been stronger
or scored a direct hit. As future disasters (earthquakes, floods,
etc.) are inevitable, Kettl warns that unless the lessons of Katrina
are taken to heart, especially those related to communication and
coordination, the country is likely to repeat the same mistakes.
Kunreuther,
Howard. "Disaster Mitigation and Insurance: Learning from Katrina."
604 The ANNALS of the American Academy of Political and Social
Science 208 - 227 (2006).
Kunreuther discusses Hurricane Katrina as illustrative of the "natural
disaster syndrome." Prior to a disaster, individuals in hazard-prone
areas do not voluntarily adopt cost-effective loss reduction measures.
Post-disaster the federal government comes to the rescue with disaster
assistance. There are a number of reasons why individuals do not act
voluntarily to protect themselves, including underestimating the likelihood
of a future disaster and budget constraints. Kunreuther argues that
in these situations a cost-benefit analysis can determine when a well-enforced
building code would be appropriate.
Manuel, John.
"In Katrina's Wake." 114 Environmental Health Perspectives
A33 - A39 (2006).
Manuel discusses a number of the environmental health implications
of Hurricane Katrina including hazards posed by floodwaters and disabled
water treatment systems, contaminated sediment, debris, and mold.
Mitchell,
James K. "The Primacy of Partnership: Scoping a New National
Disaster Recovery Policy." 604 The ANNALS of the American
Academy of Political and Social Science 228 - 255 (2006).
Hurricane Katrina is widely perceived as a threshold-crossing event
capable of bringing about sweeping changes in public policy. Mitchell
argues that proposals for improving the leadership of disaster-management
organizations divert attention from the more important task - nourishment
of partnerships among stakeholder groups.
Nigg, Joanne,
et. al. "Hurricane Katrina and the Flooding of New Orleans: Emergent
Issues in Sheltering and Temporary Housing." 604 The ANNALS
of the American Academy of Political and Social Science 113 -
128 (2006).
Hurricane Katrina resulted in an unprecedented demand for sheltering
and temporary housing across a four-state area along the Gulf Coast.
Nigg and co-authors review the disaster literature with respect to
sheltering and temporary housing and contrast how these needs actually
developed. The authors also investigate the ways that intergovernmental
planning failed to anticipate the need for housing solutions or effectively
implement existing plans.
Paul, Alak,
and Maksudur Rahman. "Cyclone Mitigation Perspectives in the
Islands of Bangladesh: A Case of Sandwip and Hatia Islands."
34 Coastal Management 199 - 215 (2006).
Paul and Rahman compare two neighboring islands in Bangladesh, Sandwip
and Hatia, with respect to disaster reaction and management. Their
research shows that the inhabitants of Hatia are more aware of and
confident in disaster management, but that residents of both islands
have established trust in the warning signals following the heavy
devastation of great cyclones of 1970, 1985, 1991, and 1997.
Rodríguez,
Havidán, et. al. "Rising to the Challenges of a Catastrophe:
The Emergent and Prosocial Behavior following Hurricane Katrina."
604 The ANNALS of the American Academy of Political and Social
Science 82 - 101 (2006).
Rodríguez and co-authors describe the nontraditional behavior
that emerged in the aftermath of Hurricane Katrina and discuss the
prosocial behavior (much of it emergent) that was by far the primary
response to this event. The authors limit their systematic analyses
of emergent behavior to five groupings: hotels, hospitals, neighborhood
groups, rescue teams, and the Joint Field Office. Their research reveals
that these various social systems and the people in them rose to the
demanding challenges of the catastrophe.
Sylves, Richard
T. "President Bush and Hurricane Katrina: A Presidential Leadership
Study." 604 The ANNALS of the American Academy of Political
and Social Science 26 - 56 (2006).
President George W. Bush personally accepted blame for the failures
and shortcomings of government response to Hurricane Katrina. Sylves
analyzes the facts of the events, the policies and organizational
alignments in place before the disaster, and the president's performance.
Sylves concludes that how presidents lead, manage federal officials,
cope with the media, set the boundaries of civil-military relations,
and choose political appointees all contribute to their ability, or
inability, to address demands imposed by disasters.
Tierney, Kathleen,
et. al. "Metaphors Matter: Disaster Myths, Media Frames, and
Their Consequences in Hurricane Katrina." 604 The ANNALS of
the American Academy of Political and Social Science 57 - 81 (2006).
Disaster researchers have long understood that both the general public
and organizational actors tend to believe in various disaster myths.
Research shows that the mass media play a significant role in promulgating
erroneous beliefs about disaster behaviors, such as looting and social
disorganization. Tierney and co-authors examine how, following Hurricane
Katrina, the response of disaster victims was framed by the media
in ways that greatly exaggerated the incidence and severity of looting
and lawlessness.
Waugh, William
L., Jr. "The Political Costs of Failure in the Katrina and Rita
Disasters." 604 The ANNALS of the American Academy of Political
and Social Science 10 - 25 (2006).
Hurricanes Katrina and Rita raised serious questions about the capacity
of the national emergency management system to handle catastrophic
disasters. Poor disaster responses can have serious political consequences
for those officials responsible. Waugh discusses the political casualties
of the Katrina and Rita disasters and suggests that recent calls to
give the military a lead responsibility could broaden the gap between
local emergency management imperatives and federal policies.
IV.
COASTAL MANAGEMENT
Campbell, Marnie L., and Chad L. Hewitt. "A Hierarchical Framework
to Aid Biodiversity Assessment for Coastal Zone Management and Marine
Protected Area Selection." 49 Ocean and Coastal Management
133 - 146 (2006).
Campbell and Hewitt present a two-stage, multi-level data collection
framework which can help managers focus on what marine biodiversity
collection techniques will meet their individual needs in particular
rapid assessment situations. The framework begins with an integrated
planning process that leads to a hierarchical approach for selecting
biodiversity assessment techniques. The user enters the framework
at a hierarchical level that meets their requirements thus eliminating
the collection of redundant data.
Cannon, Jonathan.
"Checking in on the Chesapeake: Some Questions of Design."
40 University of Richmond Law Review 1131 - 1153 (2006).
Cannon considers whether the Chesapeake Bay Program should be restructured
by requiring more centralized decision-making for the Bay. Cannon
concludes that the decentralized, networked character of the program
makes it particularly suited to the task of managing a complex and
rapidly evolving system.
Dirhamsyah,
D. "Indonesian Legislative Framework for Coastal Resources Management:
A Critical Review and Recommendation." 49 Ocean and Coastal
Management 68 - 92 (2006).
Dirhamsyah discusses the development of a legislative framework for
coastal and coral reef resource management in Indonesia. Dirhamsyah
outlines several major challenges facing Indonesian legislators and
argues that the complicated and inappropriate legal framework currently
in place has contributed to serious degradation of coastal and marine
resources. Dirhamsyah further suggests that there is a general lack
of commitment to sustainable management and development of natural
resources in Indonesia.
Fabbri, Karen
P. "A Strategic Decision Support Framework for Integrated Coastal
Zone Management." 6 International Journal of Environmental
Technology and Management 206 - 217 (2006).
In an effort to formalize the integrated coastal zone management decision-making
process, Fabbri proposes a framework called SSS to improve policy-relevant
decisions regarding the sustainable development of coastal zones.
The framework integrates social research methods, scenario development,
spatial impact simulation, and the comparison of strategic alternatives.
Glavovic,
Bruce C. "Coastal Sustainability - An Exclusive Pursuit?: Reflections
on South Africa's Coastal Policy Experience." 34 Coastal Management
111 - 132 (2006).
Glavovic argues that coastal poverty is a pervasive issue that demands
a people-oriented, pro-poor approach such as the Sustainable Livelihood
model now in use in South African coastal communities. Glavovic highlights
the challenges of achieving sustainability while also identifying
the driving forces behind coastal poverty.
Johnson, David.
"Providing Ecotourism Excursions for Cruise Passengers."
14 Journal of Sustainable Tourism 43 - 54 (2006).
Johnson argues that destinations can do more to offer coastal ecotourism
experiences for cruise passengers and thereby secure a more sustainable
product. Johnson presents a case study of shore-side excursions currently
available to cruise passengers in the Caribbean and concludes that
ecotourism excursions must embrace brand management and deliver well-defined
promises.
Juda, Lawrence.
"The Report of the U.S. Commission on Ocean Policy: State Perspectives."
34 Coastal Management 1 - 16 (2006).
The U.S Commission on Ocean Policy released its final report, An
Ocean Blueprint for the 21st Century, calling for regional ecosystem-based
management of coastal/ocean areas. The Commission's final report was
subject to review by state governors giving them a rare opportunity
to voice their ideas on coastal/ocean policy. Juda examines the concerns
of state governors on the proposed governance policy.
Moss, D.,
et. al. "The Impacts of Recreational Four-Wheel Driving on the
Abundance of the Ghost Crab on a Subtropical Sandy Beach in SE Queensland."
34 Coastal Management 133 - 140 (2006).
Studies were conducted on the beaches of SE Queensland, Australia
to determine the effect of four-wheel driving (4WD) on beaches with
ghost crabs. The studies proved that on beaches where 4WD was allowed,
the ghost crab population was significantly lower than on beaches
where 4WD was prohibited. Moss and co-authors conclude that, in order
to protect ghost crab populations and biodiversity in these beach
areas, there needs to be increased regulation of 4WD activity.
Mueller, Jon
A. and Joseph Tannery. "Allen Chair Symposium: State of the Chesapeake
Bay in the Twenty-First Century: Article: Why Does the Chesapeake
Bay Need Litigators?" 40 University of Richmond Law Review
1113 - 1130 (2006).
Mueller and Tannery survey the Chesapeake Bay Foundation's history
of litigation and explain why a litigation department is a necessary
part of the effort to help the Chesapeake Bay ecosystem.
Nadim, Farhad,
et. al. "Management of Coastal Areas in the Caspian Sea Region:
Environmental Issues and Political Challenges." 34 Coastal
Management 153 - 165 (2006).
The Caspian Sea is the world's largest lake and possibly the world's
third largest reservoir of oil and natural gas. Management of its
coastal waters, therefore, requires extraordinary efforts by all littoral
states. Nadim and co-authors discuss the geography, history, politics,
and environmental issues of the Caspian Sea.
Payet, R.
"Decision Processes for Large Marine Ecosystem Management and
Policy." 49 Ocean and Coastal Management 110 - 132 (2006).
Payet presents the results of an indicator-based study using the pressure-state-response
model carried out among senior decision-makers in the Seychelles government.
Payet's results reveal that policy-makers apply the precautionary
principle in most situations, are more oriented towards the "command-and-control"
approach, and are very sensitive to public opinions.
Peng, Benrong, et. al. "On the Measurement of Socioeconomic
Benefits of Integrated Coastal Management (ICM): Application to Xiamen,
China." 49 Ocean and Coastal Management 93 - 109 (2006).
Peng and co-authors present a systematic approach for the measurement
of overall socioeconomic benefits associated with an integrated coastal
management program. The authors apply their analytical model to Xiamen,
China, using empirical data from 1992 to 2001 from marine industry
and environmental sectors. Their research suggests that the implementation
of an ICM program in Xiamen has led to a significant increase in annual
socioeconomic benefit.
Salas, F.,
et. al. "User-friendly Guide for Using Benthic Ecological Indicators
in Coastal and Marine Quality Assessment." 49 Ocean and Coastal
Management 308 - 331 (2006).
Salas and co-authors present a table which can help managers and authorities
of coastal areas to select the most suitable ecological indicators
for their situations. The development of this table, or key, was based
not only on theoretical approaches, but also on results from its application.
The authors provide recommendations as to the most adequate application
of the indices.
Skreslet,
Stig, et. al. "Simple Identification of Some Coastal Marine Habitats
by Modeling with Sea-Chart Data." 34 Coastal Management
141 - 152 (2006).
Skreslet and co-authors apply a simple numerical model to distinguish
permanently oxygenated marine sill basins from periodically anoxic
basins in Nordland County, northern Norway. The model produces a Topography
Tidal Factor that appears to be an adequate index correlating with
empirical field data when the sills have saddle depths less than thirty
meters.
Strain, Lisa,
et. al. "Marine Administration and Spatial Data Infrastructure."
30 Marine Policy 431 - 441 (2006).
Strain and co-authors review the emergence of the spatial dimensions
of marine and coastal zone administration. Many countries are developing
Spatial Data Infrastructures to improve access and sharing of spatial
data, although most initiatives stop at the coastline.
Tran, K.C.
"Public Perception of Development Issues: Public Awareness can
Contribute to Sustainable Development of a Small Island." 49 Ocean and Coastal Management 367 - 383 (2006).
Many development projects are undertaken in communities where the
residents have little input into planning and implementation. This
does not have to be the case, however. Tran presents a case study
of the local community of Holbox Island, Quintana Roo State, Mexico,
which was successfully included in a program for long-term monitoring
of coastal pollution. Tran reports on the progress made by the different
sectors of the community over a four-year period.
Wallace, Jude,
and Ian Williamson. "Registration of Marine Interests in Asia-Pacific
Region." 30 Marine Policy 207 - 219 (2006).
Some of the oldest and most enduring registration systems were developed
to manage private property rights in lands. The registration of marine
interests, however, remains underdeveloped. Wallace and Williamson
examine marine systems to identify their core components in compliance
and regulations. The authors suggests a new model which they argue
is capable of providing better management of marine resources through
an integrated spatial and text capacity.
Williams,
Evan, et. al. "Assessing Socioeconomic Costs and Benefits of
ICZM in the European Union." 34 Coastal Management 65 - 86 (2006).
Williams and co-authors discuss the assessment of the costs and benefits
associated with Integrated Coastal Zone Management (ICZM) in use across
Europe. Their method, developed from survey responses of ICZM initiative
managers, separates ICZM into two categories that are used in socioeconomic
modeling. The authors conclude that concentrated action across Europe
to introduce ICZM to coastal states will result in considerable net
benefits.
V.
DAMS
Kosnik, Lea-Rachel D. "Sources of Bureaucratic Delay: A Case
Study of FERC Dam Relicensing." 22 Journal of Law, Economics,
and Organization 258 - 288 (2006).
Kosnik investigates the sources for regulatory delay in bureaucratic
decision-making, testing regulatory capture, congressional dominance,
and bureaucratic discretion theories of agency behavior by examining
Federal Energy Regulatory Commission (FERC) relicensing decisions
for hydroelectric dams, which can take anywhere from ten months to
over sixteen years. Kosnik found that outside interest groups, the
legislature, and bureaucratic discretion all affect regulatory processing
times. One of the most interesting results was that despite the apparent
motivation of environmental interest groups to hasten the relicensing
process, overall they end up slowing it down.
Lawrence,
Michael P. "Damming Rivers, Damning Cultures." 30 American
Indian Law Review 247 - 289 (2005/2006).
Lawrence looks at the World Commission on Dams report which discusses
all aspects of the large dam debate, including the rights of indigenous
people and the protection of their cultural heritage. Lawrence examines
the existing protections for cultural resources in the United States,
focusing on the treatment of indigenous cultures during the era of
big dam building and cultural resource protection for existing dams.
VI.
Ecosystem-based Management
Boesch, Donald F. "Scientific Requirements for Ecosystem-based
Management in the Restoration of Chesapeake Bay and Coastal Louisiana."
26 Ecological Engineering 6 - 26 (2006).
Boesch examines efforts underway to restore and manage the Chesapeake
Bay and coastal Louisiana with respect to the four principles of ecosystem-based
management: integration of multiple system components and uses; identifying
and striving for sustainable outcomes; precaution in avoiding deleterious
actions; and adaptation based on experience to achieve effective solutions.
Boesch's research suggests that adaptive management is embraced as
a central process in coastal Louisiana, but has not formally been
implemented in the Chesapeake Bay.
King, J. R.,
and G. A. McFarlane. "A Framework for Incorporating Climate Regime
Shifts into the Management of Marine Resources." 13 Fisheries
Management & Ecology 93 - 102 (2006).
King and McFarlane argue that it is possible to use an ecosystem-based
management approach to incorporate knowledge of climate regime shifts.
The authors urge the development of a coherent framework that can
be built using existing stock assessment and management activities:
ecosystem assessment, risk analyses, adaptive management, and reference
points. The authors use two population simulations to illustrate the
benefits and tradeoffs of variable regime-specific harvest rates and
conclude that coupling ecosystem assessment with ecosystem-based management
would allow managers to select appropriate regime-specific harvest
rates.
VII.
ENDANGERED SPECIES
Carden, Kristen. "Bridging the Divide: The Role of Science
in Species Conservation Law." 30 Harvard Environmental Law
Review 165 - 259 (2006).
Carden proposes that the divergence of environmental law and environmental
science prohibits the development of effective species conservation
policies. Carden argues that conservation models must acknowledge
the uncertainty in science and provides a review of the 2001 Klamath
Basin controversy to illustrate the need for a new approach to species
conservation policy.
Goble, Dale
D., and J. Michael Scott. "Recovery Management Agreements Offer
Alternative to Continuing ESA Listings." 31 Fisheries
35 - 36 (2006).
Goble and Scott offer a means of securing ongoing conservation management
of species after delisting under the Endangered Species Act - the
Recovery Management Agreement (RMA). An RMA would be an enforceable
contract between the federal wildlife agency and another entity with
the authority and financial resources to provide the necessary management
into the foreseeable future, such as a state or local government.
RMAs could include both a set of biological standards and a set of
legal requirements that a conservation management plan would have
to satisfy.
Hagen, Amy
N. and Karen Hodges. "Resolving Critical Habitat Designation
Failures: Reconciling Law, Policy, and Biology." 20 Conservation
Biology 399 - 407 (2006).
Under the U.S. Endangered Species Act, listed species are guaranteed
not only physical protection but also habitat protection. Hagen and
Hodges examine the failure of the U.S. Fish and Wildlife Service to
routinely designate critical habitat by taking advantage of the legal
exceptions of "not prudent" or "not determinable."
Such action has led to numerous lawsuits to force the agency to identify
critical habitat areas for endangered species. Hagen and Hodges conclude
that the habitat guidelines need to be changed so that habitat designation
can be determined on an individual species basis.
Male, Tim.
Commentary. "Legislating Peer Review in the Endangered Species
Act." 26 Risk Analysis 33 - 35 (2006).
In 2004, Congressman Walden (Oregon) sponsored a bill titled "the
Endangered Species Data Quality Act of 2004." If passed, the
bill would have required the Secretaries of Interior and Commerce
to appoint three qualified individuals to review the "scientific
information and analyses" used for every recovery plan, designation
of species, or jeopardy determination. Male discusses a number of
issues surrounding this legislation, including the importance of providing
a clear charge for reviewers, need to avoid a "one size fits
all" approach, selection of reviewers, and agency bias.
Mansfield,
Becky and Johanna Haas. "Scale Framing of Scientific Uncertainty
in Controversy over the Endangered Steller Sea Lion." 15 Environmental
Politics 78 - 94 (2006).
The political debate surrounding the management of the endangered
Steller sea lion in the North Pacific Ocean is driven by scientific
uncertainty about the cause of the decline and lack of recovery. Different
groups frame the problem at different scales. For example, federal
regulators focus on localized interactions, environmental organizations
focus on the entire fishery management regime, and the fishing industry
focuses on climate change. Mansfield and Haas argue that using scale
as a framing device is a powerful political strategy for dealing with
uncertainty, because focusing on particular scales presupposes certain
solutions while foreclosing others.
Mooney, Jillian
K. "Confrontation on Sandy Neck: Public Road Access Rights, Endangered
Species Protections, and Municipal Liability." 33 Boston College
Environmental Affairs Law Review 149 - 173 (2006).
In an effort to protect critical habitats of piping plovers and other
threatened species, Barnstable, Massachusetts regulates vehicle access
to Sandy Neck beach and nearby cottages. The regulations have prompted
cottage owners to claim a regulatory taking of their access rights.
Mooney offers suggestions which could allow the town to protect the
species without taking the cottage owners' access rights.
VIII.
ENVIRONMENTAL ASSESSMENTS
Davis, Wendy B. "The Fox is Guarding the Henhouse: Enhancing
the Role of the EPA in FONSI Determinations Pursuant to NEPA."
39 Akron Law Review 35 - 72 (2006).
Davis proposes that environmental assessments should not be left to
the federal government, but, instead, to organizations with environmental
expertise. Davis suggests that agencies such as the Environmental
Protection Agency should have the authority to evaluate a Finding
of No Significant Impact and require preparation of an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy
Act.
Driesen, David
M. "Is Cost-Benefit Analysis Neutral?" 77 University
of Colorado Law Review 335 - 404 (2006).
Driesen discusses whether cost-benefit analysis used for environmental,
health, and safety protection has a neutral effect. After examining
a representative data set from recent Office of Management and Budget
(OMB) reviews, an examination of OMB prompt letters, and a literature
review, Driesen concludes that the analysis has frequently proven
anti-environmental in its application.
IX.
ENVIRONMENTAL LAW
Abate, Randall S. "Dawn of a New Era in the Extraterritorial
Application of U.S. Environmental Statutes: A Proposal for an Integrated
Judicial Standard Based on the Continuum of Context." 31 Columbia
Journal of Environmental Law 87 - 137 (2006).
Abate discusses the extraterritorial application of U.S. environmental
laws before and after the D.C. Circuit Court of Appeals' landmark
decision in Environmental Defense Fund, Inc. v. Massey in 1993.
Abate pays particular attention to two significant cases pending in
2006, Pakootas v. Teck Cominco Metals, Ltd. and Friends
of the Earth, Inc. v. Watson. He argues that these cases represent
different points along the continuum of territories, as identified
in Massey. At one end is the U.S., where U.S. statutes naturally
apply, and at the other foreign nations, where clear legislative intent
to apply is required. In the middle are "global commons,"
areas in which a court may or may not find extraterritorial application
appropriate.
Lazarus, Richard
J. "Congressional Descent: The Demise of Deliberative Democracy
in Environmental Law." 94 Georgia Law Journal 619 - 681
(2006).
Lazarus examines how Congress is affecting environmental law. Lazarus
warns of the implications for environmental law due to the increasing
dominance of the appropriations process in congressional lawmaking,
identifies the major causes of these developments, and concludes by
offering some possibilities for congressional reform.
Manaster,
Kenneth A. "Symposium: The Jurisprudence of Justice Stevens:
Panel III: Administrative Law/Statutory Interpretation: Justice Stevens,
Judicial Power, and the Varieties of Environmental Litigation"
74 Fordham Law Review 1963 - 2008 (2006).
Manaster reflects on the environmental movement's early hopes for
an active judicial contribution to environmental protection. He notes
that the Supreme Court has decided many environmental cases through
the general doctrines of administrative law and statutory interpretation.
Manaster concludes by asking whether Stevens and other judges should
be doing something more for environmental protection.
Sum Ping,
Joanne. "A New Approach to Extraterritorial Application of Environmental
Statutes?: Uncovering the Effects of Plan Colombia" 31 Columbia
Journal of Environmental Law 139 - 170 (2006).
Sum Ping discusses legal theories under which U.S. environmental statutes
could apply to other countries. Specifically, the author discusses
"Plan Colombia," a plan for the fumigation of illicit crop
fields, and how an "effects test" could be used to apply
domestic law to the project. Under the effects test, the National
Environmental Policy Act and the Endangered Species Act may obligate
the Department of State to create a report of the environmental impacts
of the activities that it funds in Colombia.
Wexler, Jay
D. "The (Non)Uniqueness of Environmental Law." 74 George
Washington Law Review 260 - 316 (2006).
Due to the unique subject matter and the critical problems of environmental
law, Wexler believes that courts should treat it as an area of law
distinct from both general law and the specific areas of law that
parallel it. Wexler describes and evaluates seven unique models that
would help federal courts in deciding environmental law cases.
X.
FISHING ENTITIES IN INTERNATIONAL LAW
Djalal, Hasjim. "The Emergence of the Concept of Fishing Entities:
A Note." 37 Ocean Development and International Law 117
- 121 (2006).
Traditionally, it is generally only a sovereign state that can become
a subject of international law. Recent developments, however, have
expanded the notion of the subjects of international law to also include,
among others, international organizations as well as various other
forms of "entities" including most recently "fishing
entities." (Abstract courtesy of Ocean
Development and International Law).
Edeson, William.
"Some Future Directions for Fishing Entities in Certain Regional
Fisheries Management Bodies." 37 Ocean Development and International
Law 245 - 264 (2006).
Edeson considers the prospects for increased participation for fishing
entities in certain regional fisheries management bodies. He considers
which method of addressing this is the most feasible: amendment; modifying
a treaty; de facto amendment; or the adoption of resolutions. Edeson
considers the special situation of the Indian Ocean Tuna Commission
(IOTC), which is within the United Nations Food and Agriculture Organization
(FAO) framework, and the steps needed to enable the IOTC to leave
the FAO framework in order to facilitate a greater participation in
its activities. (Abstract courtesy of Ocean
Development and International Law).
Ho, Peter
S. C. "The Impact of the U.N. Fish Stocks Agreement on Taiwan's
Participation in International Fisheries Fora." 37 Ocean Development
and International Law 133 - 148 (2006).
Ho discusses Taiwan's participation in various international fisheries
fora before and after the adoption of the U.N. Fish Stocks Agreement,
emphasizing the pragmatic approach taken by Taiwan in gaining recognition
in a number of tuna management organizations as a Commission Member.
(Abstract courtesy of Ocean Development and
International Law).
Hu, Nien-Tsu
Alfred. "Fishing Entities: Their Emergence, Evolution, and Practice
from Taiwan's Perspective." 37 Ocean Development and International
Law 149 - 183 (2006).
The 1995 U.N. Fish Stocks Agreement was intended to promote effective
implementation of the provisions of the U.N. Convention on the Law
of the Sea concerning straddling fish stocks and highly migratory
fish stocks. The Agreement has provided an opportunity for Taiwan,
a major fishing nation, to gain formal access to regional fisheries
management organizations through the creation of a new legal term
and concept of "fishing entities." Hu reviews the references
to "fishing entities" in the international literature before
the final adoption of the U.N. Fish Stocks Agreement and the way that
Taiwan read the "window of opportunity" provided by this
Agreement. Hu then presents the evolution of the practice respecting
the term of "fishing entities" in various regional fisheries
management organizations. Finally, Hu provides an analytical assessment
of the evolution and future development of the term and concept of
"fishing entities." (Abstract courtesy
of Ocean Development and International Law).
Kuan-Hsuing
Wang, Dustin. "Taiwan's Participation in Regional Fisheries Management
Organizations and the Conceptual Revolution on Fishing Entity: The
Case of the IATTC." 37 Ocean Development and International
Law 209 - 219 (2006).
For the past two decades, responsible fisheries have been promoted
in order to manage and conserve marine living resources. It is important
to include all those engaged in fishing in attaining these goals.
Due to its international status, it is difficult for Taiwan to participate
in the regional fisheries management organizations established to
deal with straddling and highly migratory fish stocks. Wang focuses
on Taiwan's experience with the Inter-American Tropical Tuna Commission
(IATTC) and concludes that the international legal capacity of a fishing
entity is approaching a "state-like entity" in terms of
enjoying rights and having responsibilities. Moreover, the application
of "fishing entity" to Taiwan should lead to a strengthening
of the effectiveness of the management and conservation mechanism
of the IATTC. (Abstract courtesy of Ocean
Development and International Law).
Lodge, Michael
W. "The Practice of Fishing Entities in Regional Fisheries Management
Organizations: The Case of the Commission for Conservation and Management
of Highly Migratory Fish Stocks in the Western and Central Pacific
Ocean." 37 Ocean Development and International Law 185
- 207 (2006).
The adoption of the Convention for the Conservation and Management
of Highly Migratory Fish Stocks in the Western and Central Pacific
(WCPF Convention) in September 2000 marked the beginning of a new
era in international fisheries management. Lodge provides a commentary
on the negotiations which led to the conclusion of the relevant provisions
of the WCPF Convention and discusses the legal basis for the participation
of Taiwan in the Convention. The conclusion drawn is that the WCPF
Convention is a powerful precedent for the progressive integration
of Taiwan, as a major fishing entity, into the global system of regional
fisheries management. (Abstract courtesy
of Ocean Development and International Law).
Sheng-Ti Gau, Michael. "The Practice of the Concept of Fishing
Entities: Dispute Settlement Mechanisms." 37 Ocean Development
and International Law 221 - 243 (2006).
Although the term and concept of fishing entities is in the 1995 U.N.
Fish Stocks Agreement (UNFSA), it is through the regional fishery
management organizations (RFMOs) that fishing entities may receive
benefits and rights to fish and other matters. Three RFMOs (the Commission
for the Conservation of Bluefin Tuna (CCSBT), the Inter-American Tropical
Tuna Commission (IATTC), and the Commission on the Conservation and
Management of Highly Migratory Fish Stocks in the Western and Central
Pacific Ocean (WCPFC) have gone through the process of either amending
or redrafting their constituent instruments or adopting a specific
resolution for the purposes of implementing the UNFSA. Sheng-Ti Gau
reviews how and to what extent these three RFMOs have incorporated
fishing entities into the constituent instruments by examining the
various mechanisms for settling disputes involving fishing entities.
(Abstract courtesy of Ocean Development and
International Law).
Tsamenyi,
Martin. "The Legal Substance and Status of Fishing Entities in
International Law: a Note." 37 Ocean Development and International
Law 123 - 131 (2006).
A number of international fisheries instruments, starting with the
U.N. Fish Stocks Agreement of 1995, have made provisions for the participation
of fishing entities in the conservation and sustainable use of the
world's fisheries resources. These instruments have created rights
and obligations for fishing entities which are, in many respects,
almost identical to those accorded to states. Although this development
does not necessarily imply that fishing entities are states, the conclusion
is inescapable that such entities are new subjects of international
law in so far as international fisheries management is concerned.
(Abstract courtesy of Ocean Development and
International Law).
XI.
FISHERIES MANAGEMENT
Aiken, Karl, et. al. "Managing Jamaica's Queen Conch Resources."
49 Ocean and Coastal Management 332 - 341 (2006).
Since its inception in 1990, Jamaica's industrial fishery for queen
conch has grown rapidly and may now be on the verge of collapse due
to a variety of factors including overfishing, poor enforcement, and
foreign poaching. Aiken and co-authors examine the management problems
of the conch fishery and suggest that increased roles for the coast
guard, continued quota reductions, and the Convention on International
Trade in Endangered Species of Flora and Fauna (CITES) may be the
best options for sustainability.
Beem, Betsi.
"Planning to Learn: Blue Crab Policymaking in the Chesapeake
Bay." 34 Coastal Management 167 - 182 (2006).
The blue crab fishery is the most important commercial fishery in
the Chesapeake Bay. Since the late 1980s, Bay-wide policymaking for
the fishery has developed through two distinct processes - the Fishery
Management Plan Workgroup and Bi-State Blue Crab Advisory Committee.
Beem examines these institutions to determine why the Advisory Committee
was more successful in answering key management questions.
Bess, Randall.
"New Zealand Seafood Firm Competitiveness in Export Markets:
The Role of the Quota Management System and Aquaculture Legislation."
30 Marine Policy 367 - 378 (2006).
New Zealand's quota management system (QMS) was implemented in 1986
to improve efficiency within the over-capitalized inshore fisheries
and provide incentives for developing the deepwater fisheries. Bess
outlines the results of a research project that involved four medium-
to large-sized, highly vertically integrated New Zealand seafood firms
which was designed to identify the firms' sources of competitiveness
in export markets and the process the firms used to develop these
sources. Bess's research revealed that the basis of seafood firm competitiveness
is the security of supply to the fisheries resource provided by the
QMS and aquaculture legislation.
Bhat, Mahadev
G., and Ramachandra Bhatta. "Mechanization and Technical Interactions
in Multi-Species Indian Fisheries: Implications for Economic and Biological
Sustainability." 30 Marine Policy 237 - 248 (2006).
The joint capture of multiple species by multiple fleets results in
technical and economic interactions between fleets. Bhat and Bhatta
developed a bioeconomic model that incorporates interrelationships
between fleets for a representative fishery in India. The authors
analyze the impacts of overcapitalization on the bioeconomic sustainability
of the fishery and conclude that a continuation of the current fishing
effort will deplete the resource. Bhat and Bhatta suggest, however,
that an optimal effort reallocation between fleets could increase
profits substantially.
Boyd, Heather,
and Anthony Charles. "Creating Community-based Indicators to
Monitor Sustainability of Local Fisheries." 49 Ocean and Coastal
Management 237 - 258 (2006).
Boyd and Charles present a systematic process to create frameworks
of indicators for monitoring sustainable development in fisheries
at the local level. Indicators are selected through a three-stage
process: first, potential indicators are identified; second, the set
is refined for suitability within a specific local context; and third,
indicators are evaluated according to data-specific criteria. The
research results suggest that indicators suitable at large geographic
scales are often unsuitable for use at a local scale.
Branch, George
M., et. al. "Fish Stocks and their Management: The Changing Face
of Fisheries in South Africa." 30 Marine Policy 3 - 17
(2006).
Preserving fisheries in South Africa has been an ongoing process over
the last ten years. Branch explains that in order to protect the economic
stability of these fisheries, equity and sustainability must be achieved.
Several new initiatives reveal an increased interest in co-management,
ecosystem-based management, and marine protected areas. Although most
stocks are showing signs of recovery, Branch argues that further steps
must be taken to achieve increased cooperation for the success of
the program.
Branch, Trevor A., et. al. "Replacing Trip Limits with Individual
Transferable Quotas: Implications for Discarding." 30 Marine
Policy 281 - 292 (2006).
In the British Columbia groundfish fishery, full observer coverage
and the accounting of discard mortality of marketable fish in landing
limits resulted in low discard fractions. When individual transferable
quotas were introduced, discard fractions decreased even further.
In contrast, the U.S. West Coast groundfish fishery, which is regulated
by bimonthly landing limits, has higher discard fractions. Branch
and co-authors contend that full observer coverage, quotas, and mortality
accounting would reduce the West Coast discard fractions, but caution
that severe catch restrictions on overfished species would limit reductions.
Crosoer, David
et. al. "The Integration of South African Fisheries into the
Global Economy: Past, Present, and Future." 30 Marine Policy
18 - 29 (2006).
Crosoer and co-authors argue that the integration of the South African
fisheries into the global economy has operated as a powerful constraint
on post-apartheid fisheries reform. After apartheid, South Africa
gained greater access to global markets. The increase in exports enabled
the state and nascent black capital to maximize their returns from
fisheries through cost recovery and share purchases. The authors argue
that the protection and promotion of the fisheries' "international
competitiveness" has provided a cover for the refusal of populist
redistribution demands and special treatment for black small capital.
The authors present as a case study the hake industry which is seeking
certification as a "sustainable fishery" through the Marine
Stewardship Council.
Dawson, Robert.
"Vertical Integration in the Post-IFQ Halibut Fishery."
30 Marine Policy 341 - 346 (2006).
The U.S. halibut fishery quota program was designed to maintain the
small-scale vessel nature of the fishery in an attempt to avoid increased
vertical integration. Dawson reports on the changes in the vertical
structure of the halibut fishery. Dawson's research reveals that in
this case vertical integration was avoided and market transactions
actually increased.
Erceg, Diane.
"Deterring IUU Fishing through State Control over Nationals."
30 Marine Policy 173 - 179 (2006).
Erceg argues that additional jurisdiction is needed to control Illegal,
Unreported, and Unregulated (IUU) fishing. Erceg discusses the issues
currently facing Regional Fisheries Management Organizations, including
the challenges of creating and enforcing legal and administrative
measures.
Gilman, Eric
L., et. al. "Fleet Communication to Abate Fisheries Bycatch."
30 Marine Policy 360 - 366 (2006).
Fleet communication systems report near real-time observations of
bycatch hotspots to substantially reduce fleet-wide capture of protected
bycatch species. Gilman and co-authors present case studies of the
fleet communication programs of the U.S. North Atlantic longline swordfish
fishery, North Pacific and Alaska trawl fisheries, and Alaska demersal
longline fisheries. The authors' research supports the inference that
these three fleet communication programs substantially reduced fisheries
bycatch and provided economic benefits that greatly outweighed operational
costs.
Gómez,
Silvia, et. al. "The Decline of the Artisanal Fisheries in Mediterranean
Coastal Areas: The Case of Cap de Creus (Cape Creus)." 34 Coastal
Management 217 - 232 (2006).
Gómez and co-authors examine the sociocultural, economic, and
environmental causes of the decline of the artisanal fisheries along
the rocky coast of Cape Creus over the past decades. The authors highlight
how the establishment of a marine reserve in 1998 could not reverse
the observed decline and call for the integration of a fishery management
plan into a coastal management plan.
González
Laxe, Fernando. "Transferability of Fishing Rights: The Spanish
Case." 30 Marine Policy 379 - 388 (2006).
Fishing legislation in Spain has steadily been moving towards the
implementation of individual transferable fishing rights with regard
to industrial fishing in community waters. More traditional access
systems have remained in place for coastal fishing. González
Laxe highlights the dynamics experienced by the Spanish fleet and
analyzes the mobility and volatility of fishing rights and their territorial
consequences.
Håkon
Hoel, Alf, and Ingrid Kvalvik. "The Allocation of Scarce Natural
Resources: The Case of Fisheries." 30 Marine Policy 347
- 356 (2006).
Håkon Hoel and Kvalvik address the question of allocation of
living marine resources among countries, examining the principles
for distribution emanating from the global rules for ocean governance,
reviewing state practice, and considering some distributional effects
of conservation measures. The authors conclude that it is difficult
to ascertain the influence of the distribution principles with any
greater degree of precision as a measure of politics is always at
play.
Hauck, Maria
et. al. "Fisheries Compliance in South Africa: A Decade of Challenges
and Reform 1994-2004." 30 Marine Policy 74 - 83 (2006).
Hauck and co-authors examine the issues and improvements associated
with South African fisheries. The authors examine two case studies
that have been key in restructuring fisheries compliance and argue
that, in addition to increasing enforcement, the government needs
to initiate alternative strategies to increase the level of compliance
in the long run.
Henquinet,
Jeffrey W., and Tracy Dobson. "The Public Trust Doctrine and
Sustainable Ecosystems: A Great Lakes Fisheries Case Study."
14 New York University Environmental Law Journal 322 - 373
(2006).
Henquinet and Dobson outline the public trust doctrine and explain
how it relates to fishery management. The authors believe that the
doctrine could help Great Lakes fisheries by protecting public access
to fishing, guarding against environmental degradation, and providing
a role for citizens in fishery management decision-making. The authors
suggest that a uniform application of the doctrine is needed among
Great Lake states, Canada, and Native American tribes.
Hunt, Colin.
"Concern for Southern Ocean Fish Stocks and Bird Populations."
30 Marine Policy 357 - 359 (2006).
Hunt highlights the challenges faced by parties to the Commission
for the Conservation of Southern Bluefin Tuna. The probability of
stock recovery under present catch quotas is quite low and seabird
kill is now a major concern. Several species of endangered Albatross
could be in danger of extinction unless improved methods of bird exclusion
are adopted in the longline fishery.
Isaacs, Moenieba.
"Small-scale Fisheries Reform: Expectations, Hopes and Dreams
of 'a Feel Better for all.'" 30 Marine Policy 51 - 59
(2006).
With a government that is more focused on economic growth then redistribution,
small South African commercial fisheries have been faced with many
challenges, including lack of start-up capital and business skills.
Isaacs argues that policy reforms should be implemented to create
an environment that will be productive for small-scale fishing industries.
Kaiser, Michael
J., and Gareth Edwards-Jones. "The Role of Ecolabeling in Fisheries
Management and Conservation." 20 Conservation Biology
392 - 398 (2006).
The Marine Stewardship Council (MSC) regulates the ecolabeling of
fisheries products to promote sustainable fishery practices. Eleven
fisheries have attained full certification so far and seven are under
review. Kaiser and Edwards-Jones argue that despite great potential,
a range of issues may limit the wider uptake of MSC ecolabeled products,
including a general lack of consumer concern for marine fishes and
difficulties with quality assurance.
Kang, Joon-Suk.
"Analysis on the Development Trends of Capture Fisheries in North-East
Asia and the Policy and Management Implications for Regional Cooperation."
49 Ocean and Coastal Management 42 - 67 (2006).
The Yellow/East China Sea and the East Sea are semi-enclosed seas
facing a host of environmental problems including depletion of fish
stocks and large-scale deterioration of the marine environment. Kang
argues that regional cooperation based on the 1982 U.N. Convention
on the Law of the Sea should be given top priority as the fishery
resources in these seas cannot be managed effectively without close
cooperation among the coastal states.
Labrosse,
Pierre, et. al. "Assessing the Sustainability of Subsistence
Fisheries in the Pacific: The Use of Data on Fish Consumption."
49 Ocean and Coastal Management 203 - 221 (2006).
The coastal fisheries in Pacific island countries are characterized
by a predominance of subsistence catches which are difficult to quantify.
In 1997 - 1998, a consumer survey conducted in the Northern Province
of New Caledonia made it possible to indirectly estimate subsistence
fishing production. Labrosse and co-authors contend that this fish
consumption survey could assist in the design of subsistence fisheries
monitoring programs.
Layzer, Judith.
"Fish Stories: Science, Advocacy, and Policy Change in New England
Fishery Management." 34 Policy Studies Journal 59 - 80
(2006).
Judith Layzer explores the successful recovery of New England fisheries
and argues that the new, more protective fisheries management regime
is a result of lawsuits brought by environmentalists. The lawsuits
highlighted the differences between what was required by the governing
statute and what fisheries managers were actually doing. Layzer contends
that the environmentalists were so effective for two reasons: credible
scientific data on the relationship between fishing and the health
of fish stocks and an explicit conservation requirement in the laws
governing fishery management.
Lee, Kwang
Nam, et. al. "Recent Developments in Korean Fisheries Management."
49 Ocean and Coastal Management 355 - 366 (2006).
In 2001, the Korean government introduced self-control management
into its fisheries. Lee and co-authors analyze the characteristics
of seventy-nine model communities which have introduced Self-control
Management Projects. The authors also provide alternative policies
to alleviate some of the problems that have arisen in the different
communities.
Mason, Richard,
and Warwick Gullett. "Cancellation Provisions in Australia's
Commonwealth-managed Fisheries." 30 Marine Policy 270
- 280 (2006).
Following a recent review of Commonwealth fisheries policy, the Australian
government agreed to examine the implications of replacing the government's
power to cancel fishing concessions for non-compliance with management
measures that increased financial penalties. Mason and Warwick conclude
that there are no compelling reasons for removing the cancellation
provisions from the Fisheries Management Act. The authors found that
these provisions provide a powerful deterrent to non-compliance unlikely
to be matched by financial penalties alone.
Meltzer, Lorayne,
and Jason Oliver Chang. "Export Market Influence on the Development
of the Pacific Shrimp Fishery in Sonora, Mexico." 49 Ocean
and Coastal Management 222 - 235 (2006).
The Pacific shrimp fishery is the most economically important in Mexico,
but it is also the fishery with the greatest ecological impact. Meltzer
and Chang describe the historical development, current status, ecological
impacts, and the open ocean trawling component of the shrimp fishery
in the Sonoran waters of the Gulf of California. The authors trace
the economic factors influencing the development of trawler-based
shrimp fishing, with a focus on the port of Guaymas. A review of economic
factors indicates that the decision-making process is driven by export
markets and does not adequately consider the local ecosystems and
fishing communities.
Mitchell, Andrew
J., and Anita M. Kelly. "The Public Sector Role in the Establishment
of Grass Carp in the United States." 31 Fisheries 113
- 121 (2006).
The U.S. Fish and Wildlife Service Fish Farming Experimental Station
at Stuttgart, Arkansas was the first institution to import grass carp
into the United States beginning in 1963. During the following decades,
the introduction and stocking of grass carp was strongly promoted
as an effective biological control for problematic aquatic weeds.
Mitchell and Kelly discuss the role federal and state agencies and
universities played in the introduction and early spread of grass
carp in the United States.
Nielsen, Jesper
R., and Anne-Sofie Christensen. "Sharing Responsibilities in
Danish Fisheries Management-experiences and future directions."
30 Marine Policy 181 - 188 (2006).
Nielsen and Christensen investigate the dynamics and constraints of
the process of devolution of responsibilities of fisheries management
in general and in relation to Danish demersal fisheries by examining
the following questions: What are the important factors to consider
with respect to sharing responsibilities in fisheries management;
how can this delegation and/or devolution of responsibilities be institutionalized?
And what kind of decisions should be delegated to stakeholders and
to whom?
Nielson, Jesper
R., et. al. "Transformation of South African Industrial Fisheries."
30 Marine Policy 43 - 50 (2006).
The need for socio-economic equality is a major concern within the
South African industrial fisheries. The Marine Living Resource Act
of 1998 emphasized the reallocation of fishing rights among stakeholders,
but according to Neilson and co-authors the government has not addressed
the issue from an economical perspective. The authors contend that
the proposed plan will become locked in a "path dependency"
that will eventually undermine the intentions of the transformation.
Patrick, Wesley
S., et. al. "Hatchery Programs, Stock Enhancement, and Cost Effectiveness:
A Case Study of the Albemarle Sound/Roanoke River Stocking Program
1981 - 1996." 30 Marine Policy 299 - 307 (2006).
Managers commonly use fish hatchery programs to enhance depleted fish
populations. While the public highly values these programs, their
effectiveness is often questionable. Patrick and co-authors investigate
the economic and ecological effectiveness of the Albemarle Sound/Roanoke
River striped bass stocking program from 1981 to 1996.
Potts, Tavis.
"A Framework for the Analysis of Sustainability Indicator Systems
in Fisheries." 49 Ocean and Coastal Management 259 - 280
(2006).
Sustainability Indicator Systems have been developed as a way to apply
and interpret ecosystem-based and precautionary approaches to fisheries
management. Potts explores a policy-based, holistic model of an indicator
system consisting of inputs, core structures, and outputs as a basis
for an assessment framework. Potts applies his framework to two recent
reporting systems: the Australian government's Commonwealth Sustainable
Fisheries Assessments and the Marine Stewardship Council initiative.
Quigley, Jason
T., and David J. Harper. "Effectiveness of Fish Habitat Compensation
in Canada in Achieving No Net Loss." 37 Environmental Management
351 - 366 (2006).
In an effort to prevent further loss of fish habitat in Canada, Fisheries
and Oceans Canada enacted the habitat provisions of the Fisheries
Act in 1976. In 1986, the agency instituted the policy that a "harmful
alteration, disruption, or destruction to fish habitat" (HADD)
could not occur unless authorized with legally binding compensatory
habitat to offset the HADD. Quigley and Harper evaluated the effectiveness
of habitat compensation projects in achieving no net loss of habitat
at sixteen sites across Canada and found that approximately 63 percent
of projects resulted in net losses. The authors conclude that improvements
in both compensation science and institutional approaches are needed
to achieve Canada's goal of no net loss of fish habitat.
Ruddle, Kenneth
et. al. "The Management of Inshore Marine Recreational Fishing
in Japan." 34 Coastal Management 87 - 110 (2006).
Ruddle and co-authors discuss many of the challenges surrounding Japan's
management of recreational fisheries, such as sparse monitoring and
weak sanctions. In response to these issues, the authors propose a
national management system within the existing Fisheries Cooperatives
for marine recreational fishing licenses that would include recreational
fishing.
Satria, Arif,
et. al. "Contractual Solution to the Tragedy of Property Right
in Coastal Fisheries." 20 Marine Policy 226 - 236 (2006).
Satria and co-authors analyze how private property regimes can co-exist
with common property regimes in a coastal area. The authors' conclusions
are based on a case study in two villages in West Lombok, Indonesia,
where pearl-culture exists as a private property resource within a
common property regime. The authors admit that their findings are
site-specific and that the program may not be sustainable without
new institutional arrangements combining formal and informal rules
and involving both formal and informal authorities.
Smith, Samantha
Renee. "The Current Fate of the Lobster Fishery and a Proposal
for Change." 40 New England Law Review 663 - 702 (2006).
Smith discusses the overcapitalization of the lobster fishery, addressing
historical management of the fishery under the Fishing Conservation
and Management Act of 1976 and under the Atlantic Coastal States Marine
Fisheries Commission. Smith proposes using an individual transferable
quota system to help with the management of the American lobster fishery.
Søreng,
Siri Ulfsdatter. "Moral Discourse in Fisheries Co-management:
A Case Study of the Senja Fishery, Northern Norway." 49 Ocean
and Coastal Management 147 - 163 (2006).
Søreng discusses how the outcome of management processes in
a fisheries co-management system in northern Norway depends on communicative
interaction between the fishermen. Søreng argues that involving
user-groups is not enough to legitimize regulations, but that legitimacy
also depends on the nature of communication during the decision-making
process.
Sowman, Merle.
"Subsistence and Small-scale Fisheries in South Africa: A Ten-year
Review." 30 Marine Policy 60 - 73 (2006).
In South Africa, the government attempted to support small-scale fisheries
by designating certain coastal areas for their exclusive use. Sowman
explains that although there have been some improvements in this area
the lack of resources available to help such fisheries needs to be
addressed. Sowman argues that laws are needed that pertain to natural
resource management and poverty alleviation and the allocation system
and the co-management relationship between the government and these
fishers must be reexamined.
Standal, Dag.
"The Rise and Decline of Blue Whiting Fisheries - Capacity Expansion
and Future Regulations." 30 Marine Policy 315 - 327 (2006).
Standal contends that the blue whiting fishery in the North Atlantic
is out of control and is in real danger of collapse. One of the driving
forces in the decline of the blue whiting fishery is the inability
of the coastal states in the region to agree on the distribution of
the migrating stock. Standal presents the management conflicts within
the international fisheries for blue whiting and the driving forces
behind the capacity increase in the Norwegian blue whiting fleet.
Standal concludes by considering whether regional management organizations
like the North East Atlantic Fisheries Committee need to play a more
prominent role in the management of migratory resources.
Stewart, James,
et. al. "The Demise of the Small Fisher? A Profile of Exiters
from the New Zealand Fishery." 30 Marine Policy 328 -
340 (2006).
New Zealand manages its significant fisheries through market-based
quota management systems. Over 3,000 fishers, predominantly small-scale
fishers, have exited the industry since the introduction of this quota
regime in 1986. Stewart and co-authors profile a sample of the exiters
and provide information on their scale, typical methods of fishing,
importance of time and exit price to the exit decisions, and post-exit
employment outcomes.
Townsend, Ralph
E., et. al. "Design Principles for Individual Transferable Quotas."
30 Marine Policy 131 - 141 (2006).
Townsend and co-authors identify methods to minimize the transaction
costs of individual transferable quota (ITQ) institutions. Townsend
and co-authors argue that by separating the ITQ rights into separate
components and creating a self-government controlled by the owners,
governments can decrease transaction costs.
Trondsen, Torbjorn, et. al. "Towards a Market-oriented Management
Model for Straddling Fish Stocks." 30 Marine Policy 199
- 206 (2006).
The management of straddling fish stocks is politically complex and
negotiations frequently fail as parties focus upon their own interest
rather than the collective good. Trondsen and co-authors examine the
current impasse over blue whiting in the North Atlantic. The authors
discuss the development of this fishery and call for the construction
of a new model for resource management specifically intended to contend
with the problems of straddling stocks. Trondsen and co-authors propose
a Mutlinational Resource Cooperative which could auction quotas to
stakeholders and control and enforce the total allowable catch.
Van Sittert,
L., et. al. "Benchmarking the First Decade of Post-apartheid
Fisheries Reform in South Africa." 30 Marine Policy 96
- 100 (2006).
Van Sittert and co-authors discuss the improvements made in South
African fisheries as a result of legislative efforts. They conclude
that in the process of reallocating the fishing access rights between
existing companies and new ones that traditionally independent fishers
are being denied legitimate access to waters they depend on.
Vinson, Anna.
"Deep Sea Bottom Trawling and the Eastern Tropical Pacific Seascape:
A Test Case for Global Action." 18 Georgetown International
Environmental Law Review 355 - 388 (2006).
Vinson examines the ecological and environmental impacts of deep-sea
bottom trawling and past efforts to curb the practice. Vinson proposes
that an embargo on deep-sea bottom trawling in the Eastern Tropical
Pacific Seascape would benefit the area and provide an effective model
for international action.
Watanuki, Naohiko,
and Benjamin J. Gonzales. "The Potential of Artificial Reefs
as Fisheries Management Tools in Developing Countries." 78 Bulletin
of Marine Science 9 - 19 (2006).
Watanuki and Gonzales examine the introduction of artificial reefs
as a means to restore fisheries resources around the world. Such fisheries
management tactics require international cooperation among developing
countries. Watanuki and Gonzales conclude that in order for fisheries
to benefit from artificial reefs the responsibilities of fisheries
management should be shared equally between fishing communities and
governments.
Wilson, James
A. "Matching Social and Ecological Systems in Complex Ocean Fisheries."
11 Ecology and Society 9 - 22 (2006).
Wilson considers ocean fisheries as complex adaptive systems and addresses
the question of how human institutions might be best matched to their
structure and function. Wilson argues that the mismatch of ecological
and management scale leads to fishing rights and strategies that tend
to erode the underlying structure of populations and the system. Wilson
contends that a successful transition to ecosystem-based management
will require institutions better able to economize on the acquisition
of feedback about the impact of human activities.
Witbooi, Emma. "Law and Fisheries Reform: Legislative and
Policy Developments in South African Fisheries over the Decade 1994
- 2004." 30 Marine Policy 30 - 42 (2006).
In response to a Constitution enactment in 1996, the South African
government created a new fisheries policy that promotes equity and
sustainability. As the South African fishing industry begins to transform
under these legal guidelines, Witbooi argues that proactive legal
measures are vital to securing the sustainable use of domestic marine
resources.
Yu, Yunjun,
and Yongtong Mu. "The New Institutional Arrangements for Fisheries
Management in Beibu Gulf." 30 Marine Policy 249 - 260
(2006).
China and Vietnam recently signed two bilateral agreements to deal
with maritime boundaries and fisheries in the Beibu Gulf. The agreements
entered into force on June 30, 2004. Yu and Mu introduce the new arrangements
for fisheries management, focusing on the Joint Fishery Committee.
The authors analyze the challenges China will confront after these
institutional changes take place and draw a comparison among the three
effectual fisheries agreements signed by China with Japan, South Korea,
and Vietnam.
XII.
INTERNATIONAL OGANIZATIONS
Seymour, Jillaine. "The Earl Snyder Lecture in International
Law: The International Tribunal for the Law of the Sea: A Great Mistake?"
13 Indiana Journal of Global Legal Studies 1 - 35 (2006).
The International Tribunal for the Law of the Sea was created by the
U.N. Convention on the Law of the Sea to act as a standing international
tribunal. Since its inception, the Tribunal has heard a very limited
number and scope of cases, despite its extensive jurisdiction. Seymour
offers recommendations for ways that the Tribunal could expand its
competence and relevance and contribute to the interpretation of the
Convention.
Suarez de Vivero,
Juan L., et. al. "Maritime Europe and EU enlargement. A Geopolitical
Perspective." 30 Marine Policy 167 - 172 (2006).
As the European Union (EU) continues to grow, so does the EU's status
as a player in maritime affairs. While the new political map is being
drawn up for the EU, Suarez de Vivero and co-authors question how
the new boundaries will affect Europe's maritime condition and whether
it will create opportunities or simply exacerbate existing problems.
Skjaerseth,
Jon B. "Protecting the North-East Atlantic: Enhancing Synergies
by Institutional Interplay." 30 Marine Policy 157 - 166
(2006).
Skjaerseth examines the relationships between three international
institutions on marine pollution in the North Sea and the North-East
Atlantic Ocean. Together they have been able to improve legislative
decision-making by increasing authoritativeness and enforcement competence.
Skjaerseth concludes that these institutions have met their responsibilities
and made international environmental cooperation more effective.
Suvarna, Shreevani.
"Development Aid in an Environmental Context: Using Microfinance
to Promote Equitable and Sustainable Water Use in the Nile Basin."
33 Boston College Environmental Affairs Law Review 449 - 484
(2006).
The Nile Basin Initiative (NBI) provides a plan for the use of the
Nile's waters that will encourage cooperation among the river's riparian
states. The NBI allows for small community grants that address environmental
threats. Suvarna argues that the NBI should supplement the grants
with small, unsecured loans to individuals. Suvarna believes these
"microcredits" would further the goals of international
environmental projects in the developing world in general and in the
Nile Basin in particular.
XIII.
LAND USE
Freyfogle, Eric T. "Goodbye to the Public-Private Divide."
36 Lewis & Clark Law School Environmental Law 7 - 24 (2006).
Freyfogle challenges the idea that public and private lands are at
odds. Freyfogle proposes that the current schemes of land ownership
should be replaced with locally-based mechanisms that respect private
use rights in nature and promote the common good.
Klass, Alexandra
B. "Adverse Possession and Conservation: Expanding Traditional
Notions of Use and Possession." 77 University of Colorado
Law Review 283 - 333 (2006).
The standard to adversely possess wild lands is much lower than the
standard necessary to adversely possess developed lands. Klass explores
why the standard for wild lands is a threat to millions of acres of
undeveloped land in the United States. To aid in conservation of these
lands, she proposes that courts modernize the adverse possession doctrine
to require higher standards of use and possession for wild lands.
Nolon, John
R. "Champions of Change: Reinventing Democracy Though Land Law
Reform." 30 Harvard Environmental Law Review 1 - 49 (2006).
Nolon explores the possibilities of attaining uniform policies for
governments in the field of land use regulation. Local governments
perceive land use challenges and react through the adoption of pertinent
laws. Using a "systems analysis" approach, Nolon explains
how a legal framework that looks at local government innovations can
more quickly create a coordinated and efficient system of land use
law for state and federal governments.
Ociepka, Sean
P. "Protecting the Public Benefit: Crafting Precedent for Citizen
Enforcement of Conservation Easements." 58 Maine Law Review
225 - 248 (2006).
Ociepka discusses the law of conservation easements, addressing issues
of standing and citizen enforcement. Ociepka provides an example of
how one court dealt with the problem of standing to enforce a conservation
easement in Tennessee. He suggests that giving citizens standing to
enforce conservation easements could be an important tool for land
conservation.
Somerville,
Thane D. "King County Washington Ordinance 15053: Is 'The Most
Restrictive Land-Use Law in the Nation' Constitutional?" 36 Lewis
& Clark Law School Environmental Law 257 - 287 (2006).
A land use ordinance in King County, Washington prohibits rural landowners
from clearing more than fifty percent of their land. It also requires
some landowners to retain up to sixty-five percent of the land in
its natural condition. Somerville analyzes whether the regulation
takes private property without just compensation violating the Fifth
Amendment, and whether the regulation violates landowners' substantive
due process rights under the Fourteenth Amendment.
XIV.
MARINE PROTECTED AREAS
Bruce, Eleanor M., and Ian G. Eliot. "A Spatial Model for Marine
Park Zoning." 34 Coastal Management 17 - 38 (2006).
Bruce and Eliot discuss marine zoning as an important tool for insuring
conservation initiatives under varying levels of resource use. With
help from Global Information Science (GIS), they hope their model
will be able to present current zoning plan alternatives that reflect
varying user opinion.
Cooke, Steven
J., et. al. "Is Catch-and-Release Recreational Angling Compatible
with No-take Marine Protected Areas?" 49 Ocean and Coastal
Management 342 - 354 (2006).
Cooke and co-authors contend that the recreational fisheries sector
has the potential to be compatible with no-take marine protected areas
(MPAs) when catch-and-release angling is practiced because, in theory,
no fish are harvested. The authors argue that with appropriate regulation
and angler education, catch-and-release could help enhance management
goals while maintaining public support for MPAs.
Crawford, Brian,
et. al. "Factors Influencing Progress in Establishing Community-Based
Marine Protected Areas in Indonesia." 34 Coastal Management
39 - 64 (2006).
Due to the declining success of community-based marine ecosystem protected
areas in Indonesia, a study was conducted in twenty-four villages
to determine the factors that contribute to the success of the areas.
Crawford and co-authors conclude that village complexity, level of
development, project input levels, characteristics of community organizers,
and degree of community organizer homophily relative to the community
were all factors that influenced the area's progress. These findings
should help researchers improve these areas and provide insight for
the development of future sites.
Depondt, Florence,
and Edmund Green. "Diving User Fees and the Financial Sustainability
of Marine Protected Areas: Opportunities and Impediments." 49 Ocean and Coastal Management 188 - 202 (2006).
Depondt and Green investigate existing user fees in two important
diving regions in the world, South-East Asia and the Francophone countries
of the Indian and Pacific Oceans, and the potential for the introduction
of new fee systems. The authors found that while the majority of marine
protected areas (MPAs) in the Francophone countries are rarely visited
by divers, MPAs in South-East Asia present a high potential to raise
revenues for conservation via user fees although their potential will
only be realized when complex problems associated with governance
and revenue collection are resolved.
Detjen, Markus.
"The Western European PSSA - Testing a Unique International Concept
to Protect Imperiled Marine Ecosystems." 30 Marine Policy
442 - 453 (2006).
Particularly Sensitive Sea Areas (PSSAs) are a tool designed to protect
vulnerable marine areas from vessel-source pollution through measures
approved by the International Maritime Organization. Detjen examines
a proposal to designate a large part of the Western European Atlantic
as a PSSA. Although Detjen concedes that the proposal appears to be
lawful, he suggests that its implications for the concept are questionable.
Because the significance of the instrument is at risk if overused,
Detjen argues that new protective mechanisms should be contemplated.
Doherty, Penny
A., and Mark Butler. "Ocean Zoning in the Northwest Atlantic."
30 Marine Policy 389 - 391 (2006).
A workshop held in Halifax, Nova Scotia, Canada, brought together
marine policy makers, resources users, and experts to discuss spatial
planning in the marine environment. Doherty and Butler present an
overview of this workshop and highlight key discussions.
Jones, Peter.
"Collective Action Problems Posed by No-Take Zones." 30 Marine Policy 143 - 156 (2006).
In a quest to conserve fish stocks and marine biodiversity, some marine
fisheries managers and ecologists are proposing that the world's designated
no-take zones, which currently occupy 0.04 percent of the earth's
water resources, be increased by 20 - 30 percent over the next six
years. Jones discusses the collective action problems that must be
addressed before the fishing industry will agree to such measures
and contribute to the success of this conservation effort.
Lunn, Kristin
E., and Philip Dearden. "Fishers' Needs in Marine Protected Area
Zoning: A Case Study from Thailand." 34 Coastal Management
183 - 198 (2006).
Multiple-use marine zoning can help balance human uses with conservation
goals, but the development of effective zoning plans requires information
on the condition and use of marine resources and the conflicts among
them. Lunn and Dearden investigated residents' reliance on nearshore
fisheries in Ko Chang Marine National Park, a designated no-take area
in Eastern Thailand, and found that small-scale fishers were apparently
unaware of the restrictions on resource use and continued to work
within the Park.
Stead, Selina
M., and Derek J. McGlashan. "A Coastal and Marine National Park
for Scotland in Partnership with Integrated Coastal Zone Management."
49 Ocean and Coastal Management 22 - 41 (2006).
Stead and McGlashan recommend the use of Integrated Coastal Zone Management
(ICZM) to develop a Coastal and Marine National Park (CMNP) for the
Scottish coastline. The authors contend that the National Parks (Scotland)
Act 2000 provides the Scottish Executive with an existing legal mechanism
to set up the UK's first CMNP. The authors highlight areas in need
of further investigation such as how to effectively harness expertise,
funding, implementation, and stakeholder participation.
Stump, Neil
E., and Lorne K. Kriwoken. "Tasmanian Marine Protected Areas:
Attitudes and Perceptions of Wild Capture Fisheries." 49 Ocean
and Coastal Management 298 - 307 (2006).
The Tasmanian State Government established a Marine and Marine Industries
Council in 1999 and in 2001 a Tasmanian Marine Protected Area Strategy
was launched. Stump and Kriwoken investigate the views, perceptions,
and attitudes of commercial fishers towards this Strategy and identify
the key issues that influence fisher support of marine protected areas.
Vince, Joanna.
"The South East Regional Marine Plan: Implementing Australia's
Oceans Policy." 30 Marine Policy 420 - 430 (2006).
The Australian government released Australia's Oceans Policy (AOP)
in 1998. The South East Regional Plan, the first regional marine plan
to be implemented under AOP, was released on May 21, 2004. Vince argues
that although full integration across sectors and jurisdictions has
not occurred, new AOP initiatives, institutions, and governance processes
have considerably increased sectoral and jurisdictional coordination
in this region.
XV.
MARITIME BOUNDARIES
Acer, Yuhcel. "A Proposal for a Joint Maritime Development Regime
in the Aegean Sea." 37 Journal of Maritime Law & Commerce
49 - 77 (2006).
Greece and Turkey have a long-running disagreement over their maritime
boundaries in the Aegean Sea. Attempting to find a solution to the
disagreements, Acer reviews more than twenty existing bilateral joint
development agreements. He concludes that a system under which the
countries would have joint control would be more beneficial than the
countries' current delimitation.
XVI.
MARITIME TRANSPORTATION
Chang, Chih-Ching, et. al. "Developing Direct Shipping Across
the Taiwan Straits." 30 Marine Policy 392 - 399 (2006).
For political reasons, direct shipping across the Taiwan Straits has
been restricted since 1949. Goods destined for cross-Straits trade
must be shipped via a third country, such as Hong Kong or Japan. The
demand for direct shipping across the Straits is growing. Chang explores
possible solutions for shipping directly across the Straits and discusses
a mode of negotiation for settling discrepancies in viewpoints.
Fafaliou, Irene,
et. al. "Is the European Shipping Industry Aware of Corporate
Social Responsibility? The Case of the Greek-owned Short Sea Shipping
Companies." 30 Marine Policy 412 - 419 (2006).
Fafaliou and co-authors attempt to clarify the meaning of corporate
social responsibility in the context of the European maritime sector
and examine its application in the case of the Greek-owned short sea
shipping companies. The authors conclude that the application of corporate
social responsibility is restricted to companies that either are subsidiaries
of international conglomerates or owned by ship-owners personally
aware of the corporate benefits derived from socially responsible
behavior.
Foster, Caroline
E. "Compensation for Material and Moral Damage to Small Island
States' Reputations and Economies due to an Incident during the Shipment
of Radioactive Material." 37 Ocean Development and International
Law 55 - 92 (2006).
An incident in the course of the shipment of radioactive material
could have serious consequences for affected states, whether or not
a release of radiation actually resulted from the incident. In particular,
small island states could potentially suffer serious damage to their
reputations and to their economies. Pacific Island states are taking
an initiative in response to their exposure to this risk. Assurances
that they will not be left unsupported in such circumstances are being
sought through a process of direct discussions presently taking place
with source states and operators involved in the shipment of radioactive
material through the Pacific. Foster examines the legal background
to these discussions, investigating the legal uncertainties in the
situation of states affected by an incident in the course of shipment
of radioactive material that arise from limitations in the nuclear
civil liability conventions and other aspects of applicable international
law. (Abstract courtesy of Ocean Development
and International Law).
Roberts, Julian.
"Compulsory Pilotage in International Straits: The Torres Strait
PSSA Proposal." 37 Ocean Development and International Law
93 - 112 (2006).
At a time when the International Maritime Organization's (IMO) Particularly
Sensitive Sea Area (PSSA) concept is under intense scrutiny by IMO
member states, Australia and Papua New Guinea jointly proposed an
extension to the existing Great Barrier Reef PSSA to include the waters
of the Torres Strait. As a measure to protect this PSSA, a compulsory
pilotage regime was proposed for adoption by the IMO. Roberts analyzes
the Torres Strait proposal and, in particular, the reaction by many
IMO member states to the proposal for compulsory pilotage in a strait
used for international navigation. Consideration is given to the legal
basis for such a measure and the options available to the proposing
states to implement a pilotage regime in the Torres Strait. (Abstract
courtesy of Ocean Development and International Law).
XVII.
POLLUTION
Curran, K.J. "Proposing a Coordinated Environmental Effects Monitoring
(EEM) Program Structure for the Offshore Petroleum Industry, Nova
Scotia, Canada." 30 Marine Policy 400 - 411 (2006).
Environmental effects monitoring (EEM) identifies, quantifies, and
compares predicted environmental impacts of a proposed industrial
project to those observed after the project has been developed. Curran
and co-authors contend that the structure of the EEM used by Environment
Canada to monitor impacts of the pulp and paper industry has been
effective and propose a structure to support the development of a
national EEM program for the petroleum industry.
Freire, Juan,
et. al. "Role of the Spanish Scientific Community in the Initial
Assessment and Management of the Environmental Damages Caused by the
Prestige Oil Spill." 30 Marine Policy 308 - 314 (2006).
Freire and co-authors analyze the role of the Spanish scientific community
in the initial assessment of the environmental and socioeconomic damages
caused by the Prestige oil spill. The authors discuss the reasons
for the failures in the response, highlighting weaknesses in the structures
and organizational capacity of scientific institutions and the public
administration. The article contains suggestions to improve response
to future catastrophes including protocols for rapid response and
stakeholder participation.
Gaudette, Crystal
Mothershead. "South Florida Water Management District v. Miccosukee
Tribe of Indians: The Slippery Slope to Federal Control of State Water
Diversions." 39 University of California Davis Law Review
669 - 697 (2006).
Under the Clean Water Act, the federal government has jurisdiction
over point source pollution and the states have control over non-point
source pollution. In the Miccosukee case, the Supreme Court expanded
the definition of "point source pollution," which increased
federal regulatory oversight of water diversions traditionally controlled
by states. Gaudette reasons that the Supreme Court's decision impedes
states' ability to enforce water quality regulations to address local
problems.
Lin, Bin, and
Cherng-Yuan Lin. "Compliance with International Emissions Regulations:
Reducing the Air Pollution from Merchant Vessels." 30 Marine
Policy 220 - 225 (2006).
In September 1997, the International Maritime Organization (IMO) adopted
a protocol to reduce air pollution from ships. Lin and Lin investigate
the possible strategies which may be adopted by maritime countries
to conform to the protocol. As legislative support is necessary for
successful implementation of these new requirements, the authors suggest
that the parties responsible for both navigational and environmental
protection in maritime countries cooperate in the revision of relevant
federal laws.
McElfish, James
M. Jr., et. al. "Inventing Nonpoint Controls: Methods, Metrics
and Results." 17 Villanova Environmental Law Journal 87
- 216 (2006).
McElfish and co-authors discuss three states' approaches to regulating
nonpoint source water pollution. The article provides a comprehensive
look at the states' measures, including the incentives, technical
support, and regulations used by each. It also includes an overview
of federal programs available and describes how they affect state
regulation.
McElfish, James
M., Jr., and Lyle M. Varnell. "Designing Environmental Indicator
Systems for Public Decisions." 31 Columbia Journal of Environmental
Law 45 - 86 (2006).
McElfish and Varnell examine the creation and use of environmental
indicators developed by government agencies and scientists. The authors
discuss what factors affect decision-makers' use of the environmental
indicators and outline ways to increase their effectiveness.
Noland, L.
Christopher. "The Ghouls That Won't Go Away - The Dire Environmental
Consequences Posed by the Ghost Fleet in the James River." 30 William and Mary Environmental Law and Policy Review 513 -
553 (2006).
The National Defense Reserve Fleet, a floating graveyard of old and
decaying government ships known as the "Ghost Fleet," is
located on the James River. Noland explains the history of the fleet
and notes that it presents a pending environmental crisis. Noland
focuses on solutions to dismantle the ships, suggesting that a suit
against the federal government would facilitate the process.
Storrier, K.L.,
and D.J. McGlashan. "Development and Management of a Coastal
Litter Campaign: The Voluntary Coastal Partnership Approach."
30 Marine Policy 189 - 196 (2006).
The Forth Estuary Forum developed a Coastal Litter Campaign in an
effort to tackle a litter problem on the beaches of Scotland. Storrier
and McGlashan comment on the program's ability to gain community involvement
and conclude that the best way to reduce beach litter is by raising
public awareness, providing beach trash receptacles, and enforcing
legislation.
Tomlin, John.
"Waking the Sleeping Giant: Analyzing New Jersey's Pursuit of
Natural Resource Damages from Responsible Polluting Parties in the
Lower Passaic River." 23 Pace Environmental Law Review
235 - 262 (2006).
Tomlin examines the federal and state statutory authority under which
the New Jersey Department of Environmental Protection is pursuing
natural resource damages from eighteen sites along the Lower Passaic.
In addition, Tomlin discusses some of the issues that may be raised
by the parties targeted by the Department, including erosion of the
good faith relationship that exists between the government and industry
for remediation of sites.
Zaring, David.
"Best Practices." 81 New York University Law Review
294 - 350 (2006).
Best practices rulemaking is a voluntary way of coordinating administrative
action both within and across agencies. Zaring describes and evaluates
best practices rulemaking, analyzing its use in the public sector
through a case study in which best practices were used to regulate
water pollution. Zaring finds that best practices rulemaking is predominantly
useful for setting regulatory standards where the precise content
of the standard is not particularly important.
XVIII.
RENEWABLE ENERGY
Eberhardt, Richard W. "Federalism and the Siting of Offshore
Wind Energy Facilities." 14 New York University Environmental
Law Journal 374 - 420 (2006).
Eberhardt explains that the wind energy industry may negatively impact
scenic resources, wildlife populations, and natural habitats. In light
of these concerns, designing regulations involves both state and federal
regulatory authority. Eberhardt discusses the importance of state
regulatory power when siting the facilities, the basis for deciding
regulatory power, and regulatory issues raised by climate change.
Scott, Karen
N. "Tilting at Offshore Windmills: Regulating Wind Farm Development
within the Renewable Energy Zone." 18 Journal of Environmental
Law 89 - 118 (2006).
With the Energy Act 2004, the United Kingdom introduced a new legislative
framework for the development of offshore wind farms beyond the limits
of the territorial sea within designated renewable energy zones. Scott
analyzes the compatibility of the new arrangements with international
marine and environmental obligations and argues that significant legal
issues will arise relating to rights of navigation, the protection
of the marine environment, and the decommissioning of turbines.
XIX.
SAND MINING
Cho, Dong-Oh. "Challenges to Sustainable Development of Marine
Sand in Korea." 49 Ocean and Coastal Management 1 - 21
(2006).
As resources of sand on land are depleted, the demand for marine sand
is increasing rapidly. Marine sand, however, is limited in quantity
and sand mining can result in environmental degradation, habitat destruction,
and coastal erosion. Cho discusses the challenges of marine sand mining
in Korea.
Peters, Bianca
G.T.M., and Suzanne J.M.H. Hulscher. "Large-Scale Offshore Sand
Extraction: What Could be the Results of Interaction Between Model
and Decision Process?" 49 Ocean and Coastal Management
164 - 187 (2006).
The Netherlands is considering large-scale offshore sand extraction
to meet the increasing need for building sand. To support decisions
about large-scale extraction, Peters and Hulscher developed a morphological
model which indicates the possible effects of the extraction. However,
because no field data is available, the model's results are controversial
and difficult to use in decision-making. In this study, the authors
evaluate whether validation of the model would help the decision-making
process and explore how to improve both the model and its use without
validation.
XX
. SECURITY
Perry, Timothy C. "Blurring the Ocean Zones: The Effect of the
Proliferation Security Initiative on the Customary International Law
of the Sea." 37 Ocean Development and International Law
33 - 53 (2006).
The United States has recently implemented its "Proliferation
Security Initiative" (PSI), a brand of "understanding"
that unites "like-minded states" in a program of ship-boarding
and information sharing, with the aim of combating the proliferation
of nuclear weapons among so-called "rogue states." This
article interrogates the realities underlying the literal text of
the PSI and seeks to understand how the United States can be expected
to utilize the PSI in practice. Perry concludes that the PSI will
blur the jurisdictional boundaries between the ocean zones, and otherwise
affect the customary international law of the sea. (Abstract
courtesy of Ocean Development and International Law).
Wheeler, Kristen
D. "Homeland Security and Environmental Regulation: Balancing
Long-Term Environmental Goals with Immediate Security Needs."
45 Washburn Law Journal 437 - 466 (2006).
Wheeler evaluates the relationship between environmental regulation
and national security concerns. Wheeler outlines developments in homeland
security law and environmental regulation since September 11 and examines
the effect of environmental regulation on the military. Wheeler concludes
by suggesting ways in which federal and state environmental legislation
may be used to increase homeland security.
XXI. SCIENCE AND MANAGEMENT
Bryant, Beth C., and Dan Huppert. "Why 'Separating Science and
Management' Confuses the Debate over Management Reform in U.S. Fisheries."
31 Fisheries 127 - 129 (2006).
Bryant and Huppert contend that the terms "separating science
and management" and "separating conservation and management"
should be abandoned from the current debate over U.S. fishery management
reform because they are confusing and misleading. If the ultimate
goal of management reform is to place a greater emphasis on conserving
biological resources by creating an institutional separation between
the Total Allowable Catch (TAC)-setting decisions and the allocation
decisions, the phrase "separating science from management"
confuses the issue by implying that setting TACs is purely scientific
and that allocation is done with no scientific input. Bryant and Huppert
argue that science is a necessary, but not sufficient, condition for
successful management and that future debates on fishery management
reform should distinguish between the participation of scientists
in making decisions and the objective role of science in informing
decisions.
Patton, Dorothy
E., and Stephen S. Olin. "Scientific Peer Review to Inform Regulatory
Decision Making: Leadership Responsibilities and Cautions." 26 Risk Analysis 5 - 16 (2006).
Patton and Olin offer insights on the peer review process as it relates
to scientific and technical reports used to inform regulatory decisions.
The article is intended to serve as a tutorial on the basic element
of the peer-review process for leaders with little experience and
a "bare bones" recitation of established concepts for leaders
wrestling with peer-review issues. Patton and Olin highlight nine
fundamental "leadership responsibilities" that determine
the nature and course of peer review. These responsibilities are:
promoting a peer-review culture; determining the need for and form
of peer review; defining and distinguishing review processes; planning
and allocating resources; assessing readiness for review; developing
the "charge"; selecting reviewers - matching expertise;
selecting reviewers - identifying conflicts of interest and bias;
and using peer-review comments in completing the report.
Sallenave,
Rossana, and David E. Cowley. "Science and Effective Policy for
Managing Aquatic Resources." 14 Reviews in Fisheries Science
203 - 210 (2006).
Sallenave and Cowley summarize the discussions in a facilitated workshop
that brought together academics, natural resource mangers, and individuals
from the private sector to discuss limitations in aquatic resource
management policy and how science could be used more effectively in
the decision-making process. Workshop participants identified insufficient
dialogue between scientists and managers as a major impediment to
including science in management and stress that the principles of
science need to be introduced early in the decision-making process.
XXII.
SHIPWRECKS
Dromgoole, Sarah. "The International Agreement for the Protection
of the Titanic: Problems and Prospects." 37 Ocean Development
and International Law 1 - 31 (2006).
In 2000 the United States, United Kingdom, Canada, and France finalized
the text of an interstate agreement for the protection of the remains
of RMS Titanic. The agreement has now been signed by the United
States and United Kingdom, and it is expected that Canada and France
will sign in due course. Dromgoole examines the background to the
Agreement and the text of the Agreement itself and considers some
questions relating to its implementation in the United States and
the United Kingdom. It also looks at its relationship with other related
international instruments. A number of problematic issues are identified
and the prospects for the Agreement are assessed. (Abstract
courtesy of Ocean Development and International Law).
XXIII.
WATER LAW
Dellapenna, Joseph W. "Symposium: Developing a Suitable Water
Allocation Law for Pennsylvania." 17 Villanova Environmental
Law Journal 1 - 85 (2006).
Pennsylvania does not have a state statute which regulates the riparian
use of water. Dellapenna discusses the law that currently governs
the allocation of water, suggests alternatives to the existing law,
and analyzes what new problems might accompany the changes.
Hall, Noah
D. "Toward a New Horizontal Federalism: Interstate Water Management
in the Great Lakes Region." 77 University of Colorado Law
Review 405 - 456 (2006).
Cooperative horizontal federalism is a new model for environmental
policy that provides a constitutional means for states to develop
more uniform environmental protection standards which are implemented
individually with regional resources and enforcement. Hall illustrates
the concept through the recently proposed Great Lakes-St. Lawrence
River Basin Water Resources Compact.
Winburn, J.
Benjamin. "The Coalbed Methane Boom: The Push for Energy Independence
Raises Questions About Water and the Rights of America's Homesteaders."
19 Tulane Environmental Law Journal 359 - 386 (2006).
Winburn provides a comprehensive view of the coalbed methane boom
in the Western United States, giving a detailed overview of its science.
Winburn also analyzes the unique challenges facing federal and state
agencies as they ensure compliance with environmental protection laws
and policies. Winburn examines how hasty actions could permanently
alter the ecosystems of the Rocky Mountain West.
XXIV.
WETLANDS
Eisen, Joel B. "Allen Chair Symposium: State of the Chesapeake
Bay in the Twenty-First Century: Article: Rapanos, Carabell, and the
Isolated Man." 40 University of Richmond Law Review 1099
- 1112 (2006).
Eisen notes that two Supreme Court cases will have an impact on the
Chesapeake Bay, as well as watersheds in other states. Rapanos
and Carabell will determine whether wetlands are considered
to be adjacent to interstate waters, thereby providing them federal
protection. Eisen suggests that the possibility that wetlands may
not receive federal protection gives the environmental cleanup programs
of the Bay a stronger urgency.
Glenn, Edward
P., et. al. "Coastal Wetlands of the Northern Gulf of California:
Inventory and Conservation Status." 16 Aquatic Conservation:
Marine and Freshwater Ecosystems 5 - 28 (2006).
Above 28°N, the coastline of the northern Gulf of California is
indented at frequent intervals by negative or inverse estuaries that
are saltier at their backs than at their mouths due to the lack of
freshwater inflow. These estuaries cover over 215,000 ha. An additional
6,000 ha of freshwater and brackish wetlands are found in the Colorado
River delta. Although the mangrove marshes in the Gulf of California
enjoy some degree of protected status in Mexico, the northern saltgrass
esteros do not and are increasingly targeted by developers as prime
locations for resorts and aquaculture sites. Glenn and co-authors
conducted an inventory of these marshes and found that over 95 percent
of the mangrove marshes have been developed for shrimp farming. They
also found that the majority of saltgrass marshes above the mangrove
line remain relatively unspoiled. The authors recommend a system of
protected reserves incorporating the pristine wetlands, along with
water quality management and buffer zones for the more developed esteros.
Ryan, Erin.
"New Orleans, the Chesapeake, and the Future of Environmental
Assessment: Overcoming the Natural Resources Law of Unintended Consequences."
40 University of Richmond Law Review 981 - 1029 (2006).
Wetlands of the Gulf Coast and the Chesapeake Bay area in Virginia
and Maryland are both disappearing, but due to different factors.
Ryan calls for environmental policy makers to develop a method of
environmental review that better monitors the complex characteristics
of regional ecosystems.
Schilmoeller,
Gina. "Invoking the Fifth Amendment to Preserve and Restore the
Nation's Wetlands in Coastal Louisiana." 19 Tulane Environmental
Law Journal 317 - 337 (2006).
Schilmoeller asks whether regulation or acquisition of land will best
protect and preserve the wetlands on the Louisiana coast. Schilmoeller
discusses regulations that have attempted to protect the coastal wetlands
over the past thirty years and compares legal, economic, and environmental
issues involved in acquiring the property to temporary takings and
strict land use regulations.
XXV.
WHALING
Herrera, Guillermo E., and Porter Hoagland. "Commercial Whaling,
Tourism, and Boycotts: An Economic Perspective." 30 Marine
Policy 261 - 269 (2006).
Commercial whaling is highly contentious and animal rights groups
and conservation organizations often threaten boycotts. In terms of
economic efficiency, a nation's decision to engage in whaling depends
on rents from the whaling industry, ecological and market linkages,
and the potential for boycotts. Herrera and Hoagland analyze the tradeoffs
involved in a nation's decisions to engage in whaling, whale-watching,
and fishing. The authors' findings suggest that there are times when
whaling is economically rational.
