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2016

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Articles 10711 - 10740 of 29299

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Alaska V. Arnariak: Should Alaskan Land Use Regulations Protecting A Wildlife Sanctuary Be Preempted By The Marine Mammal Protection Act?, Michael E. Therriault May 2016

Alaska V. Arnariak: Should Alaskan Land Use Regulations Protecting A Wildlife Sanctuary Be Preempted By The Marine Mammal Protection Act?, Michael E. Therriault

Ocean and Coastal Law Journal

In 1972, Congress enacted the Marine Mammal Protection Act (MMA), establishing a national program to protect and conserve marine mammals and their habitats. Promulgation of the MMPA was spurred by a recognition that "man's impactupon marine mammals has ranged from what might be termed malign neglect to virtual genocide." In essence, the MMPA was designed to prohibit the "harassing, catching and killing of marine mammals by U.S. citizens or within the jurisdiction of the United States," including those mammals which are "physiologically adapted to the oceans." The MMPA is based on the premise that marine mammals are of "great international …

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The International Association Of Independent Tanker Owners (Intertanko) V. Locke: Do Oil And State Tanker Regulation Mix?, Peter J. Carney May 2016

The International Association Of Independent Tanker Owners (Intertanko) V. Locke: Do Oil And State Tanker Regulation Mix?, Peter J. Carney

Ocean and Coastal Law Journal

In The International Association of Independent Tanker Owners (Intertanko) v. Locke, the Ninth Circuit Court of Appeals upheld a number of Washington State's Best Achievable Protection (BAP) Regulations governing oil tankers operating in Washington State waters. The court upheld the State's regulations against a tanker operator's organization challenge that federal law, Coast Guardregulations, and international treaties preempted the state regulations. The precedent-setting decision establishes that the federal regulation of oil tankers, and tanker regulations set forth in international treaties, in most instances, merely establish minimum standards that states may surpass in the interest of protecting their marine and shoreline resources. …

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Reefs In Crisis: A Look At The Chronic Destruction Caused By Ships, Amber S. Ward May 2016

Reefs In Crisis: A Look At The Chronic Destruction Caused By Ships, Amber S. Ward

Ocean and Coastal Law Journal

Within the world's oceans, the greatest diversity of life is found on coral reefs. Often called "the rainforests of the sea," these amazing living structures play a crucial role in sustaining a thriving ocean habitat, particularly in tropical areas. Although coral reefs comprise less than one percent of the ocean floor, nearly twenty-five percent of all marine life are dependent upon coral reefs for their survival. The many benefits which the reefs offer include food production, coastal protection and immense biodiversity. Unfortunately, it is believed that ten percent of the world's coral reefs have sustained irreversible damage. Over the past …

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The Ecological And Economic Failures Of Florida's Mangrove Regulatory Scheme, Ericson P. Kimbel May 2016

The Ecological And Economic Failures Of Florida's Mangrove Regulatory Scheme, Ericson P. Kimbel

Ocean and Coastal Law Journal

The mangrove ecosystem is "one of the most productive and biologically diverse wetlands on Earth," providing habitats worldwide for thousands of species, including both threatened and endangered species. Although the mangroves of Florida are concurrently governed by federal, state and, often, local regulations, they are still subject to depletion through dredging and filling, and are sacrificed for private riparian rights of view. At the foundation6 of mangrove depletion is the failure of the Florida Legislature and the Florida Department of Environmental Protection (DEP) to fully account for the values served by the mangrove ecosystem in dredge and fill permitting and …

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At Point Blank Range: The Genesis And Implementation Of Lethal Removal Provisions Under The Marine Mammal Protection Act, Nina M. Young, Stephanie Mairs, Suzanne Iudicello Martley May 2016

At Point Blank Range: The Genesis And Implementation Of Lethal Removal Provisions Under The Marine Mammal Protection Act, Nina M. Young, Stephanie Mairs, Suzanne Iudicello Martley

Ocean and Coastal Law Journal

In 1994, Congress reauthorized the Marine Mammal Protection Act (MMPA). As part of the reauthorization, a coalition of environmental organizations, animal welfare groups, commercial fishing industry representatives, and Alaska Natives, assisted by a professional facilitator, developed a negotiated proposal to govern the incidental take of marine mammals during commercial fishing operations. A subgroup of the negotiating parties also met to address the issue of pinniped predation on declining salmon stocks. This subgroup proposed to Congress a multiphased process to evaluate whether all feasible methods of nonlethal deterrence had been tried, and whether the target marine mammals were responsible for the …

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A Review Of Developments In Ocean And Coastal Law 2000-2001, Michelle Baldwin, Rosemary D. Fowles, Sara E. Edmonds, Jeffrey S. Dolley, Gregory J. Domareki May 2016

A Review Of Developments In Ocean And Coastal Law 2000-2001, Michelle Baldwin, Rosemary D. Fowles, Sara E. Edmonds, Jeffrey S. Dolley, Gregory J. Domareki

Ocean and Coastal Law Journal

No abstract provided.

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A Review Of Developments In U.S. Ocean And Coastal Law 2003, Katherine Joyce Editor-In-Chief May 2016

A Review Of Developments In U.S. Ocean And Coastal Law 2003, Katherine Joyce Editor-In-Chief

Ocean and Coastal Law Journal

No abstract provided.

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Impact Of The Regulation Flexibility Act On The Implementation And Judicial Review Provisions Of The Magnuson-Stevens Fishery Conservation And Management Act, M. Jean Mcdevitt May 2016

Impact Of The Regulation Flexibility Act On The Implementation And Judicial Review Provisions Of The Magnuson-Stevens Fishery Conservation And Management Act, M. Jean Mcdevitt

Ocean and Coastal Law Journal

Through the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), Congress has delegated to the Secretary of Commerce the "broad authority to manage and conserve coastal fisheries." The Magnuson-Stevens Act creates eight independent regional fishery management councils to prepare fishery management plans for each region. However, the regional councils do not have authority over all species because the Magnuson-Stevens Act assigns responsibility to the Secretary of Commerce for non-Pacific Ocean highly migratory species. Highly migratory species are defined under the Magnuson-Stevens Act to include tuna species, marlin, ocean sharks, sailfishes, and swordfish. In preparing and implementing all fishery management plans …

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Hawaii Longline Ass'n V. National Marine Fisheries Service: Are Regulatory Ambiguities Within The Endangered Species Act A Snake In The Grass?, Dale Dixon May 2016

Hawaii Longline Ass'n V. National Marine Fisheries Service: Are Regulatory Ambiguities Within The Endangered Species Act A Snake In The Grass?, Dale Dixon

Ocean and Coastal Law Journal

In Hawaii Longline Ass'n v. National Marine Fisheries Service, the Hawaii Longline Association (HLA), a fishery trade association, filed suit seeking an injunction to prohibit the National Marine Fisheries Service (NMFS) from excluding it from participating in formal consultations pursuant to the Endangered Species Act (ESA) and to prevent NMFS from withholding a draft biological opinion. The U.S. District Court for the District of Columbia held that the NMFS' interpretation of the regulation it had authored, which defines HLA's applicant status, was a post-hoc rationalization and therefore undeserving of substantial deference by the court. On the parties cross-motions for partial …

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The Next Step In North Atlantic Whale Protection: A Closer Look At Whale-Watch Guidelines For The Northeast, Carrie B. Bridgewater May 2016

The Next Step In North Atlantic Whale Protection: A Closer Look At Whale-Watch Guidelines For The Northeast, Carrie B. Bridgewater

Ocean and Coastal Law Journal

"All whales, dolphins, and porpoises in the northeast region are federally protected by the Marine Mammal Protection Act (MMPA) and most... are further protected under the Endangered Species Act (ESA)." The fin, humpback, and northern right whales are all listed as endangered species, with the right whale population at less than 300 individuals. The fin, humpback, northern right, and minke whales are great whales common to the northeast region and Stellwagen Bank National Marine Sanctuary. Under the MMPA and the ESA, it is unlawful to "harass, hunt, capture, or kill" any of these marine mammals. Whale-watching is a popular recreational …

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The Conservation Of Marine Mammals Using A Multi-Party Approach: An Evaluation Of The Take Reduction Team Process, Nina M. Young May 2016

The Conservation Of Marine Mammals Using A Multi-Party Approach: An Evaluation Of The Take Reduction Team Process, Nina M. Young

Ocean and Coastal Law Journal

In 1993, the Center for Marine Conservation (CMC), and other conservation organizations negotiated with the fishing industry to develop a proposal that became the basis for the 1994 amendments to the Marine Mammal Protection Act of 1972 (MMPA).'The take reduction team process is a direct outgrowth of that negotiation. Both the fishing industry and conservation community believed it important to create a multi-party negotiation process to devise strategies for eliminating marine mammal entanglements in commercial fishing gear while maintaining the viability of commercial fisheries. Thus, the mediated take reduction team process was created. Despite difficulties in balancing both the need …

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International Regulation Of Transboundary Pollutants: The Emerging Challenge Of Ocean Noise, Elena M. Mccarthy May 2016

International Regulation Of Transboundary Pollutants: The Emerging Challenge Of Ocean Noise, Elena M. Mccarthy

Ocean and Coastal Law Journal

Transboundary pollution law poses the challenge of addressing environmental problems irrespective of boundaries in an international legal system that values, above all, territorial sovereignty of individual States. Over the years, several international disputes have resulted over damage that occurred when one State's pollutants crossed into another State's territory. The Trail Smelter case of 1941 is considered the landmark case of transboundary pollutant litigation. In this controversy, the United States claimed that damage was caused to the State of Washington by fumes from a smelter located seven miles from the international border in Canada. The U.S. initially rejected the decision of …

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A Review Of Developments In Ocean And Coastal Law 2002, Kenyon R. Shubert, Genevieve Watson May 2016

A Review Of Developments In Ocean And Coastal Law 2002, Kenyon R. Shubert, Genevieve Watson

Ocean and Coastal Law Journal

No abstract provided.

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Midwater Trawlers Co-Operative V. Department Of Commerce: A Troublesome Dichotomy Of Science And Policy, Sarah Mccarthy May 2016

Midwater Trawlers Co-Operative V. Department Of Commerce: A Troublesome Dichotomy Of Science And Policy, Sarah Mccarthy

Ocean and Coastal Law Journal

In March 2002, the United States Court of Appeals for the Ninth Circuit ruled in Midwater Trawlers Co-operative v. Department of Commerce that the National Marine Fisheries Service's (NMFS) promulgation of a regulation allocating the Makah tribe a portion of the optimum yield (oy) of the Pacific whiting fish was arbitrary and capricious pursuant to the Administrative Procedure Act. The court held that NMFS' action was not in compliance with the Magnuson-Steven's Fishery Conservation and Management Act ("Magnuson-Stevens Act" or "the Act") in that its decision was the result of political compromise and not based on the best available scientific …

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Stormy Waters On The Way To The High Seas: The Case Of The Territorial Sea Delimitation Between Croatia And Slovenia, Damir Arnaut May 2016

Stormy Waters On The Way To The High Seas: The Case Of The Territorial Sea Delimitation Between Croatia And Slovenia, Damir Arnaut

Ocean and Coastal Law Journal

Territorial sea delimitation, while one of the most intensely debated issues prior to World War I, has largely been delegated to the sidelines of ocean and coastal law. Modem students of maritime delimitation mostly concern themselves with the delimitation of the exclusive economic zone (EEZ) and the continental shelf, and few, if any, significant diplomatic problems associated with territorial sea boundaries have been recorded in the last several decades. Indeed, while the literature on the delimitation of the EEZ and the continental shelf is abundant and readily available, questions concerning the territorial sea delimitation are seldom raised. The reasons for …

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Atlantic Salmon, Pacific Bound: Initiative, Defiance, Courage, And Indian Tribes In Environmenal Law, William H. Rodgers, Jr. May 2016

Atlantic Salmon, Pacific Bound: Initiative, Defiance, Courage, And Indian Tribes In Environmenal Law, William H. Rodgers, Jr.

Ocean and Coastal Law Journal

It is an honor to deliver this lecture at the University of Maine School of Law, as the Edward S. Godfrey Visiting Professor of Law. My visit here has been filled with wonder and excitement. My new colleagues have been splendidly supportive, and the students a delight to work with. I would like to give a special word of thanks to Dean Colleen Khoury who has done much to welcome this stranger into the mysteries of Maine; and to Dean Edward S. Godfrey, who has been a special inspiration to me as he has to literally every graduate of the …

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If You Build It, Will They Come? Exploring Enhancements To Artificial Structure For Use In Restoration And Mitigation Applications In The Mexican Caribbean, Kirk Kilfoyle May 2016

If You Build It, Will They Come? Exploring Enhancements To Artificial Structure For Use In Restoration And Mitigation Applications In The Mexican Caribbean, Kirk Kilfoyle

HCAS Graduate Science Research Symposium

A study involving standardized artificial reef modules (ReefballsTM) was conducted in Puerto Morelos, Mexico. The purpose was to explore the use of artificial structure in restoration and mitigation projects in a Caribbean coral reef environment similar to South Florida by applying select experimental treatments hypothesized to accelerate their acquisition of a natural coral reef assemblage. Multiple hypotheses on the progression and interaction between artificial structure and the resulting fish, coral, algal, and non-coral invertebrate assemblages were examined. Each of 40 reefball modules received one of 4 treatments (10 modules/treatment): invertebrate substrate pads, coral transplants, settlement plates, or control. Following deployment, …

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A Review Of Recent Developmenets In Ocean And Coastal Law 2001-2002, Karla Black, Denis Culley, Jeffrey Dolley, Gregory Domareki, Sara Edmonds, Kevin Fitzgerald, Rody Fowles, Michael Fuller, John Hatch, Katherin Joyce, Sean Kerwin, Jacqueline Lewy, Daniel Marra, Sarah Mccready, John M. Ney, Jr., Chad Olcott, Mary Saunders, Vanessa Tondini, David Walker, Danielle West-Chuhta May 2016

A Review Of Recent Developmenets In Ocean And Coastal Law 2001-2002, Karla Black, Denis Culley, Jeffrey Dolley, Gregory Domareki, Sara Edmonds, Kevin Fitzgerald, Rody Fowles, Michael Fuller, John Hatch, Katherin Joyce, Sean Kerwin, Jacqueline Lewy, Daniel Marra, Sarah Mccready, John M. Ney, Jr., Chad Olcott, Mary Saunders, Vanessa Tondini, David Walker, Danielle West-Chuhta

Ocean and Coastal Law Journal

No abstract provided.

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Sierra Club V. U.S. Fish And Wildlife Service: The Phoenix Of Critical Habitat Designation, Michael Fuller May 2016

Sierra Club V. U.S. Fish And Wildlife Service: The Phoenix Of Critical Habitat Designation, Michael Fuller

Ocean and Coastal Law Journal

In its March 2001 decision, Sierra Club v. U.S. Fish and Wildlife Service, the U.S. Court of Appeals for the Fifth Circuit reversed a decision of the U.S. District Court for the Eastern District of Louisiana, which had granted the defendant U.S. Fish and Wildlife Service (Service) summary judgment. The Court of Appeals held that the Service's decision to not designate "critical habitat" was arbitrary and capricious. The Fifth Circuit found that much of the Service's decision was based on a regulation that conflicted with the provisions of the Endangered Species Act. That regulation required consultation only when concerns for …

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Does The Clean Water Act Protect Endangered Species? The Case Of Maine's Wild Atlantic Salmon, Roger Fleming May 2016

Does The Clean Water Act Protect Endangered Species? The Case Of Maine's Wild Atlantic Salmon, Roger Fleming

Ocean and Coastal Law Journal

There are many reasons that all of us, from expert angler to casual philosopher, should be concerned that the long-term impact of human activities, unmitigated by over a century of failed fishery management policies, have pushed the wild Atlantic salmon (Salmo salar) to the brink of extinction. Among these reasons is that wild Atlantic salmon need high quality riverine habitats to thrive and, thus, their presence is considered an indicator of the health of our own human environment. Some scientists suggest that because the wild Atlantic salmon are so inexorably linked to our overall quality of life, they serve as …

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Protection And Conservation Of Marine Mammals In Canada: A Case For Legislative Reform, M.L. Campbell, V.G. Thomas May 2016

Protection And Conservation Of Marine Mammals In Canada: A Case For Legislative Reform, M.L. Campbell, V.G. Thomas

Ocean and Coastal Law Journal

The twentieth century was the century of modem whaling, as new technologies allowed whalers to exploit enormous numbers of whales from all oceans for processing into various products for industry and trade. Seals and sirenians (manatees and dugongs) were also heavily exploited in the 1900s, adversely affecting the populations of certain species. On entering the twenty-first century, numerous governments and organizations, and much of the general public now regard marine mammals, especially cetaceans, as having aesthetic and economic importance as well as intrinsic value outside the realm of exploitation. During the past decade, general awareness of the need to study …

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A Review Of Developments In Ocean And Coastal Law 2001, Denis Culley, Katherine Joyce, Chad Olcott, David Walker, John Hatch May 2016

A Review Of Developments In Ocean And Coastal Law 2001, Denis Culley, Katherine Joyce, Chad Olcott, David Walker, John Hatch

Ocean and Coastal Law Journal

No abstract provided.

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Bower V. Evans: The Court's Efforts To Protect Dolphins In The Eastern Tropical Pacific Ocean, Sarah H. Mccready May 2016

Bower V. Evans: The Court's Efforts To Protect Dolphins In The Eastern Tropical Pacific Ocean, Sarah H. Mccready

Ocean and Coastal Law Journal

The Secretary of Commerce (Secretary) erred when he issued, prior to receipt of substantiating research, an Initial Finding that a certain fishing technique did not harm dolphins. The Secretary erroneously concluded that the mere lack of evidence (without research) was sufficient to substantiate his Initial Finding that there was no evidence that the fishing technique harmed dolphins. The United States Court of Appeals for the Ninth Circuit, in its July 2001 decision Brower v. Evans, affirmed judgment in favor of plaintiff and set aside the Secretary's Initial Finding. The broad implication of the holding in Brower v. Evans is that …

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A Whale's Tale: Efforts To Save The Cook Inlet, Alaska Beluga Whale, Sara Edmonds May 2016

A Whale's Tale: Efforts To Save The Cook Inlet, Alaska Beluga Whale, Sara Edmonds

Ocean and Coastal Law Journal

In 1998, the National Oceanic and Atmospheric Administration (NOAA) became concerned about the status of the beluga whale in Cook Inlet, Alaska. The National Marine Fisheries Service (NMFS) data indicated that the estimated population of beluga whales in the Cook Inlet region had been declining since 1994. Results from annual surveys in 1998 revealed that the estimated beluga whale population was nearly fifty per-cent lower than 1994 estimates. At the beluga whale's current fifteen percent rate of decline per year, "the Cook Inlet beluga whale stock would be reduced to fifty percent of its current level within five years. This …

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Panel Discussion, Brock Bernstein Moderator May 2016

Panel Discussion, Brock Bernstein Moderator

Ocean and Coastal Law Journal

No abstract provided.

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Where The Rubber Meets The Road: Stakeholders And The Take Reduction Teams Of The Marine Mammal Protection Act, Suzanne Iudicello May 2016

Where The Rubber Meets The Road: Stakeholders And The Take Reduction Teams Of The Marine Mammal Protection Act, Suzanne Iudicello

Ocean and Coastal Law Journal

No abstract provided.

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The View From Ground Zero: Government As Defendant, Courts As Fishery Managers, Marian Mccall May 2016

The View From Ground Zero: Government As Defendant, Courts As Fishery Managers, Marian Mccall

Ocean and Coastal Law Journal

No abstract provided.

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Ten Years 'After The Fall': Litigation And Groundfish Recovery In New England, Peter Shelley May 2016

Ten Years 'After The Fall': Litigation And Groundfish Recovery In New England, Peter Shelley

Ocean and Coastal Law Journal

No abstract provided.

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More Than Meets The Eye: The Transaction Costs Of Litigation, Dr. Susan Hanna May 2016

More Than Meets The Eye: The Transaction Costs Of Litigation, Dr. Susan Hanna

Ocean and Coastal Law Journal

No abstract provided.

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A Review Of Developments In Ocean And Coastal Law 2000, Karla J. Black, Greg Domareki May 2016

A Review Of Developments In Ocean And Coastal Law 2000, Karla J. Black, Greg Domareki

Ocean and Coastal Law Journal

No abstract provided.

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