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2016

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The Federal Consistency Requirements Of The Coastal Zone Management Act Of 1972: It's Time To Repeal This Fundamentally Flawed Legislation, Bruce Kuhse May 2016

The Federal Consistency Requirements Of The Coastal Zone Management Act Of 1972: It's Time To Repeal This Fundamentally Flawed Legislation, Bruce Kuhse

Ocean and Coastal Law Journal

The Coastal Zone Management Act of 1972 (CZMA) was one of many laws enacted during the "environmental decade spanning the late 1960s to the mid 1970s designed to bring a national focus on the protection and management of natural resources. In the case of the CZMA, the entire "coastal zone" of the United States, territories, and other island holdings was deemed worthy of this national interest. The CZMA was unlike the other environmental laws in two major respects: it relied on the voluntary program implementation by the coastal states, and it did not establish mandatory standards for compliance. Instead, the …

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Control Of Aquatic Nuisance Species Introductions Via Ballast Water In The United States: Is The Exemption Of Ballast Water Discharges From Clean Water Act Regulation A Valid Exercise Of Authority By The Environmental Protection Agency?, Lisa A. Brautigam May 2016

Control Of Aquatic Nuisance Species Introductions Via Ballast Water In The United States: Is The Exemption Of Ballast Water Discharges From Clean Water Act Regulation A Valid Exercise Of Authority By The Environmental Protection Agency?, Lisa A. Brautigam

Ocean and Coastal Law Journal

Aquatic invaders hitchhiking in ships' ballast water tanks are far from a new environmental problem in the United States and throughout the world. Hundreds of thousands of invasions have wreaked havoc on ecosystems and native species worldwide. However, the last few years have brought renewed vigor in the United States to implement an effective national regulatory program to address the problem in the United States absent a firm regulatory framework to do so. Within this renewed uprising, there has been increased pressure to regulate ballast water discharges under existing national environmental laws. Perhaps the strongest push has been found in …

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Integrating Ecosystem Management Approaches Into Federal Fishery Management Through The Magnuson-Stevens Fishery Conservation And Management Act, Marian Macpherson May 2016

Integrating Ecosystem Management Approaches Into Federal Fishery Management Through The Magnuson-Stevens Fishery Conservation And Management Act, Marian Macpherson

Ocean and Coastal Law Journal

The Magnuson-Stevens Fishery Conservation and Management Act ("Magnuson-Stevens Act") provides the statutory framework for the management of federal fisheries in the United States. Critics of fishery management law have suggested that the Magnuson-Stevens Act needs to be revised to allow for a more ecosystem-based management approach. Although a variety of other statutes can be applied to provide various degrees of overlapping protections for marine ecosystems, the purpose of this paper is to explore the extent to which the Magnuson-Stevens Act on its own provides a statutory basis for managing our fisheries using ecosystem principles. The article begins by defining what …

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Swimming Upstream: A Legal Analysis Of Listing Atlantic Salmon As An Endangered Species, John Elmen May 2016

Swimming Upstream: A Legal Analysis Of Listing Atlantic Salmon As An Endangered Species, John Elmen

Ocean and Coastal Law Journal

In 1993, a group of conservationists, concerned with the survival of the Atlantic salmon (Salmo salar), petitioned the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively, Services) to list anadromous Atlantic salmon as endangered throughout their historic range in the United States. The petition, authorized under Section 4 of the Endangered Species Act (ESA), presented information on declines of Atlantic salmon populations, threats to the fish consisting of commercial and sport fishing, pollution, barriers to their migration, adverse land use practices, and genetic disruption. In response to the petition, the Services published a ninety-day …

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Preservation Of Coastal Spaces: A Dialogue On Oregon's Experience With Integrated Land Use Management, Eugene C. Bricklemyer, Jr., Shelby Smith, Cuauhetmoc Leon, Boris Graizbord, Richard Kyle Paisley May 2016

Preservation Of Coastal Spaces: A Dialogue On Oregon's Experience With Integrated Land Use Management, Eugene C. Bricklemyer, Jr., Shelby Smith, Cuauhetmoc Leon, Boris Graizbord, Richard Kyle Paisley

Ocean and Coastal Law Journal

In the United States, Oregon and California have the longest histories of environmentally progressive land use controls. The focus of this paper is on how Oregon has managed its coastal zone through its implementation of a statewide program that integrates a state and local partnership, which depends on input from local citizens, with a federal law that encourages rational coastal land use and conservation. Our research is heavily based on a literature survey and personal conversations - a dialogue - with numerous long-involved citizens, representatives of non-governmental organizations and state agency personnel.

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Integrated Coastal Management (Icm): A Brief Legal And Institutional Comparison Among Canada, The United States And Mexico, Richared Kyle Paisley, Cuauhtemoc Leon, Boris Graizbord, Eugene C. Bricklemyer, Jr. May 2016

Integrated Coastal Management (Icm): A Brief Legal And Institutional Comparison Among Canada, The United States And Mexico, Richared Kyle Paisley, Cuauhtemoc Leon, Boris Graizbord, Eugene C. Bricklemyer, Jr.

Ocean and Coastal Law Journal

A recent study by the Food and Agricultural Organization of the United Nations (FAO) determined that 20.6% of the world's population currently lives within 30 km of the nearest coastline, 29.2% within 60 km, 35% within 90 km, and 39.5% within 120 km. By the year 2050 more people will live within 120 km of the coastline than are alive in the world today. Canada, the United States, and Mexico are adjacent coastal nations where the impact of significantly increased human activity in the coastal zone by the year 2050 may be potentially catastrophic. Integrated coastal management (ICM) may have …

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A Review Of Recent Developments In Ocean And Coastal Law, Benjamin Jenkins Editor-In-Chief May 2016

A Review Of Recent Developments In Ocean And Coastal Law, Benjamin Jenkins Editor-In-Chief

Ocean and Coastal Law Journal

No abstract provided.

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When Predators Become Prey: The Need For International Shark Conservation, Holly Edwards May 2016

When Predators Become Prey: The Need For International Shark Conservation, Holly Edwards

Ocean and Coastal Law Journal

Humans have long had a fear of sharks. As one of the greatest marine predators, sharks easily receive a reputation as killing machines; in reality, however, sharks have far more to fear from humans than humans do from sharks. In 2005, there were only sixty-one confirmed cases of unprovoked shark attacks on humans worldwide. Meanwhile, humans kill roughly 100 million sharks for their fins each year. The past three decades have witnessed a dramatic increase in the international shark trade, resulting in an estimated eighty-nine percent decrease in some Atlantic shark species, such as the hammerhead. Given sharks’ place as …

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The Next Generation Of Chilling Uncertainty: Indirect Expropriation Under Cafta And Its Potential Impact On Environmental Protection, Benjamin W. Jenkins May 2016

The Next Generation Of Chilling Uncertainty: Indirect Expropriation Under Cafta And Its Potential Impact On Environmental Protection, Benjamin W. Jenkins

Ocean and Coastal Law Journal

For centuries, the signatory countries of the Central America- Dominican Republic-United States Free Trade Agreement (CAFTA) have been linked by the migratory patterns of their sea turtle populations. This Comment proposes to use the sea turtle as a means of analyzing the CAFTA agreement. The goal is not simply to evaluate the potential effects of this trade proposal on sea turtle populations, but rather to examine how the sea turtle illuminates the unique challenges of protecting the natural environment in this region. In considering the challenges of creating effective environmental protections in the Caribbean and Central America, it is possible …

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Subseabed Carbon Dioxide Sequestration As A Climate Mitigation Option For The Eastern United States: A Preliminary Assessment Of Technology And Law, Ann Brewster Weeks May 2016

Subseabed Carbon Dioxide Sequestration As A Climate Mitigation Option For The Eastern United States: A Preliminary Assessment Of Technology And Law, Ann Brewster Weeks

Ocean and Coastal Law Journal

The alarm has sounded, again. The recently released Summary of the Fourth Assessment Report of the Intergovernmental Panel on Climate Change starkly asserts that climate change is “unequivocal” and primarily caused by human activity. In particular, carbon dioxide emissions are the “most important anthropogenic greenhouse gas,” and “past and future anthropogenic carbon dioxide emissions will continue to impact warming and sea level rise for more than a millennium,” due to the long periods of time required for natural cycles to remove carbon from the atmosphere. While the Panel “expressly avoided recommending courses of action,” experts noted the report “powerfully underscores …

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The California Gray Whale: Its Legal Regime Under Mexican Law, Jorge Vargas May 2016

The California Gray Whale: Its Legal Regime Under Mexican Law, Jorge Vargas

Ocean and Coastal Law Journal

Every year, California gray whales arrive at their wintering grounds in the coastal lagoons off the western coast of the Baja California peninsula and the Gulf of California. It is here where gray whales annually engage in their reproductive and procreation activities, a fascinating and mysterious ritual dating back 100,000 years! Thus, between November and March, thousands of gray whales congregate in the shallow waters of Mexico’s lagoons, all of which are located in the state of Baja California Sur. The latest scientific data estimates that today the gray whale population has reached approximately 25,000 individuals, a total that compares …

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Glacier Bay And Alaska V. United States: Who Owns Submerged Lands In Federal Reserves?, Jana Magnuson May 2016

Glacier Bay And Alaska V. United States: Who Owns Submerged Lands In Federal Reserves?, Jana Magnuson

Ocean and Coastal Law Journal

In Alaska v. United States, the State of Alaska sued the federal government to quiet title to submerged lands underlying the waters of Glacier Bay National Monument (the Monument) and other marine areas of the storied southeastern region of the state. The State invoked the United States Supreme Court’s original jurisdiction over suits between a state and the United States, and was given leave to file a bill of complaint against the United States. After a Special Master appointed by the Court recommended summary judgment be granted for the United States, Alaska filed exceptions and the Court set oral argument. …

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Habitat Protection Under The Magnuson-Stevens Act: Can It Really Contribute To Ecosystem Health In The Northeast Atlantic?, Roger Fleming, Dr. John D. Crawford May 2016

Habitat Protection Under The Magnuson-Stevens Act: Can It Really Contribute To Ecosystem Health In The Northeast Atlantic?, Roger Fleming, Dr. John D. Crawford

Ocean and Coastal Law Journal

New England’s legendary Atlantic cod fishery is in deep trouble. The cod, along with several additional fish species that make up New England’s groundfish fishery, remain critically depleted, and are at only a small fraction of healthy levels. In 2004, the New England Fishery Management Council (NEFMC or Council) and the National Marine Fishery Service (NMFS) implemented the first comprehensive rebuilding program for groundfish in New England. This plan relies primarily on management measures designed to reduce fishing rates in order to end overfishing and rebuild overfished stocks. The most recent scientific review by the National Oceanic & Atmospheric Administration …

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Exploring A New Strategy For Marine Protection: Private Conservation Of Tidelands In Massachusetts, Erin J. Bryant, Kristen M. Fletcher May 2016

Exploring A New Strategy For Marine Protection: Private Conservation Of Tidelands In Massachusetts, Erin J. Bryant, Kristen M. Fletcher

Ocean and Coastal Law Journal

The coastal waters of the United States contain a significant and underrecognized element of the nation’s biological diversity. With increasing populations living near or on the U.S. coast, and many others flocking to coastal areas annually for recreation, degradation of near-shore habitats is widespread and the effects on biological diversity and productivity are alarming. As noted by the Pew Oceans Commission and U.S. Commission on Ocean Policy, real improvements in state and federal management of marine resources are needed; however, governmental agencies are plagued by budget reductions and increasing workloads. Private entities may be the best partners to provide innovative …

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"Compatible Use" Within National Marine Sanctuaries: Determining Meaningful Implementation, Susan E. Farady May 2016

"Compatible Use" Within National Marine Sanctuaries: Determining Meaningful Implementation, Susan E. Farady

Ocean and Coastal Law Journal

Americans are accustomed to the idea that certain natural areas on land are more restrictively managed than other areas in order to protect unique habitat, wildlife, or natural features. The act of drawing a boundary around an area and designating it as a wildlife refuge, for example, implies a heightened level of protection for that land because it is a unique location for wildlife. A key threshold question regarding management of such areas is “what activities are allowed within them?” Restrictions on human activities generally reflect larger management goals regarding necessary resource protection and appropriate levels of human access for …

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A Review Of Developments In Ocean And Coastal Law 2003, Nicholas W. Allen, Angela Crossman, Christopher Dargie, Scott Edmunds, Emily Green, Stephanie Jazlowiecki, Katrina Leifield, Susan Quigley, Hanna Sanders May 2016

A Review Of Developments In Ocean And Coastal Law 2003, Nicholas W. Allen, Angela Crossman, Christopher Dargie, Scott Edmunds, Emily Green, Stephanie Jazlowiecki, Katrina Leifield, Susan Quigley, Hanna Sanders

Ocean and Coastal Law Journal

No abstract provided.

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Due To Loopholes In The Clean Water Act, What Can A State Do To Combat Cruise Ship Discharge Of Sewage And Gray Water?, Laura K.S. Welles May 2016

Due To Loopholes In The Clean Water Act, What Can A State Do To Combat Cruise Ship Discharge Of Sewage And Gray Water?, Laura K.S. Welles

Ocean and Coastal Law Journal

Cruise ships, commonly referred to as "floating cities," generate an astronomical amount of waste as they carry thousands of people from port to port. While cruise ships may contribute significantly to a local economy, they can also leave their mark by discharging a variety of pollutants into the local waters. In one day a cruise ship produces about 30,000 gallons of sewage, 255,000 gallons of gray water, and 37,000 gallons of oily bilge water. Unlike land-based cities, cruise ships are held to a much lower standard for discharge of effluent under the Clean Water Act (CWA). In fact, shore-based waste …

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Judicial Remedies In Fisheries Litigation: Pros, Cons, And Prestidigitation?, Marian Macpherson, Mariam Mccall May 2016

Judicial Remedies In Fisheries Litigation: Pros, Cons, And Prestidigitation?, Marian Macpherson, Mariam Mccall

Ocean and Coastal Law Journal

On August 7, 2000, a federal district judge in Seattle enjoined trawling for Alaska groundfish, one of the biggest commercial fisheries in the world. In September 1998, a federal district judge in Virginia issued an order increasing the quota for the summer flounder fishery by almost 400,000 pounds. In 1999 and 2000, a federal district judge in Hawaii issued a series of five court orders closing large portions of the Pacific ocean to fishing and establishing an evolving regime of incredibly specific fishery management measures. In 2002, a federal judge in the District of Columbia issued, then rescinded, an order …

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A Review Of Recent Developments In Ocean And Coastal Law, 2008, Lynne Davies Editor-In-Chief May 2016

A Review Of Recent Developments In Ocean And Coastal Law, 2008, Lynne Davies Editor-In-Chief

Ocean and Coastal Law Journal

No abstract provided.

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Lethal Speed: An Analysis Of The Proposed Rule To Implement Vessel Speed Restrictions And Its Impact On The Declining Right Whale Population As Well As The Shipping And The Whale-Watching Industries, Tamara Nicole Norris May 2016

Lethal Speed: An Analysis Of The Proposed Rule To Implement Vessel Speed Restrictions And Its Impact On The Declining Right Whale Population As Well As The Shipping And The Whale-Watching Industries, Tamara Nicole Norris

Ocean and Coastal Law Journal

North Atlantic right whales (Eubalaena glacialis) [hereinafter right whales] were severely depleted by commercial whaling, despite protection from commercial whaling as early as 1935. Currently, ship strikes and fish net entanglements are the two primary causes of mortality among right whales, and thus the National Marine Fisheries Service (NMFS) has targeted these two areas in its implementation of rules and regulations designed to protect right whales. In 2006, NMFS proposed a new set of regulations designed to implement vessel speed restrictions on vessels sixty-five feet or greater in length, in certain areas and at certain times of the year. This …

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The Maine Legislature's Bill: An Act To Stop The Alewives Restoration Program In The St. Croix River - Have The Canadians And The Biologists Gone Beserk?, Kelly Hoffman May 2016

The Maine Legislature's Bill: An Act To Stop The Alewives Restoration Program In The St. Croix River - Have The Canadians And The Biologists Gone Beserk?, Kelly Hoffman

Ocean and Coastal Law Journal

The United States and Canada have historically struggled to delineate a maritime geographic boundary for the Gulf of Maine in the Atlantic Ocean. Running inland, from the Gulf of Maine, these countries not only share a boundary, but also dams on the St. Croix River system. For the past two decades, the St. Croix River system of Maine and New Brunswick has been the site of an increasing impasse between the United States and Canada concerning the management of fisheries resources. In 1995, this dispute culminated with the Maine legislature authorizing the modification of the Grand Falls Dam and the …

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A State Of Necessity: Iuu Fishing In The Ccamlr Zone, Dr. Phillip Bender May 2016

A State Of Necessity: Iuu Fishing In The Ccamlr Zone, Dr. Phillip Bender

Ocean and Coastal Law Journal

Throughout the world, overexploitation threatens the future viability of many fish stocks. This threat extends to the most remote areas on earth, including the Southern Ocean—that vast body of water surrounding the Antarctic continent. Indeed, the geographic isolation of the Antarctic is no longer an insurmountable barrier to the large-scale exploitation of fish stocks in that region. The Southern Ocean, however, is not without regulatory structure. The Convention for the Conservation of Antarctic Marine Living Resources (CCAMLR, or The Convention, or Convention), a treaty that aims to achieve sustainable exploitation of marine stocks in the Antarctic, is the primary international …

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Interpretation Of "Wasteful Manner" Within The Marine Mammal Protection Act And Its Role In Management Of The Pacific Walrus, Martin Robards, Julie Lurman Joly May 2016

Interpretation Of "Wasteful Manner" Within The Marine Mammal Protection Act And Its Role In Management Of The Pacific Walrus, Martin Robards, Julie Lurman Joly

Ocean and Coastal Law Journal

On October 21, 1972, when President Nixon signed the Marine Mammal Protection Act (MMPA, or the Act) into law, its passage resulted in the transfer of management of marine mammal species from State to Federal government. Although the MMPA was spurred into law by the tenuous circumstances of some of the world’s marine mammal species, and by public outcry about both the high incidental take of dolphins in tuna fisheries and seal pup harvest in the North Atlantic, it also became an umbrella policy designed to provide both national and international protections to all marine mammals. Indeed, Congress specifically found …

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A Review Of Recent Developments In Ocean And Coastal Law, 2007, Lynne Davies Editor-In-Chief May 2016

A Review Of Recent Developments In Ocean And Coastal Law, 2007, Lynne Davies Editor-In-Chief

Ocean and Coastal Law Journal

No abstract provided.

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Revising The National Offshore Aquaculture Act Of 2007: Using State Of Maine Aquaculture Laws, Regulations, And Policy Recommendations As A Prototype For The Proposed Framework, Lynne D. Davies May 2016

Revising The National Offshore Aquaculture Act Of 2007: Using State Of Maine Aquaculture Laws, Regulations, And Policy Recommendations As A Prototype For The Proposed Framework, Lynne D. Davies

Ocean and Coastal Law Journal

Studies in domestic seafood consumption reveal surprising trends, as the United States continues to increase its annual percentage of imported seafood at an exponential rate. For example, during the first seven months of 2006, U.S. catfish imports from Vietnam increased by seventy-one percent over the annual percentage calculated for 2005. Similarly, U.S. imports of Chinese tilapia increased from 57 million pounds in 2001 to 163.1 million pounds in 2006. The trend for mollusks followed a similar trajectory, with a thirty-five percent increase in mollusk imports, valued at an estimated $179 million, just during the first half of 2006. What these …

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Fishing Communities As Special Places: The Promise And Problems Of Place In Contemporary Fisheries Management, Seth Macinko May 2016

Fishing Communities As Special Places: The Promise And Problems Of Place In Contemporary Fisheries Management, Seth Macinko

Ocean and Coastal Law Journal

A thematic focus on special strategies for protecting special areas gives rise to several questions of a definitional nature. For example, what do we mean by “protecting”—protection from what and for what purpose (or even, a bit anthropocentrically, for whom)? Or, perhaps more importantly, what do we mean by special areas? It seems to be the norm these days in discussions of marine policy to use “special areas” as a sort of shorthand for (special) areas deserving protection through the application of a (special) tool known as MPAs—marine protected areas. But the whole thing is a bit circular—MPAs are a …

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The Origin And Evolution Of Ocean Noise Regulation Under The U.S. Marine Mammal Protection Act, Elena Mccarthy, Ph.D., Flora Lichtman May 2016

The Origin And Evolution Of Ocean Noise Regulation Under The U.S. Marine Mammal Protection Act, Elena Mccarthy, Ph.D., Flora Lichtman

Ocean and Coastal Law Journal

The Marine Mammal Protection Act (MMPA) was signed into law by President Richard Nixon on December 21, 1972. The Act established a federal responsibility, shared by the Departments of the Interior and Commerce, for the conservation and management of marine mammals. Created primarily to protect marine mammals from the threat posed by tuna fishing, it also encompassed other threats, including polar bear hunting in Alaska, the harvest of harp seals in Canada, and commercial whaling. One threat, however, not envisioned at the time was noise. When the MMPA was first enacted, there was no recognition that sounds associated with anthropogenic …

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Fednav, Ltd. V. Chester: Ballast Water And The Battle To Balance State And Federal Regulatory Interests, Jason G. Howe May 2016

Fednav, Ltd. V. Chester: Ballast Water And The Battle To Balance State And Federal Regulatory Interests, Jason G. Howe

Ocean and Coastal Law Journal

In Fednav, Ltd. v. Chester, the United States Court of Appeals for the Sixth Circuit upheld the dismissal of a constitutional challenge to the Michigan Ballast Water Statute (MBWS). By unanimously affirming the decision of the United States District Court for the Eastern District of Michigan, the Fednav Court not only declined to invalidate state laws protecting Michigan’s waters from aquatic nuisance species (ANS), but also rejected claims that the MBWS should be preempted by broad federal regulation. Through its Fednav decision, the Sixth Circuit iterated that Michigan may still play a vital role in protecting its ecological and economic …

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A Gulf United: Canada-U.S. Transboundary Marine Ecosystem-Based Governance In The Gulf Of Maine, Lawrence P. Hildebrand, Aldo Chircop May 2016

A Gulf United: Canada-U.S. Transboundary Marine Ecosystem-Based Governance In The Gulf Of Maine, Lawrence P. Hildebrand, Aldo Chircop

Ocean and Coastal Law Journal

In 1989, the Northeastern states of Maine, Massachusetts, and New Hampshire in the United States and the neighboring Canadian Provinces of New Brunswick and Nova Scotia embarked upon a new form of regional marine environmental cooperation when their governors and premiers adopted the Agreement on Conservation of the Marine Environment of the Gulf of Maine Between the Governments of the Bordering States and Provinces. By doing so, they gave birth to an informal regime for the Gulf of Maine (GoM) (i.e. the Gulf of Maine Council on the Marine Environment), which to date has withstood the test of time. GoM …

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Ocean Planning And The Gulf Of Maine: Exploring Bi-National Policy Options, Lucia Fanning, Rita Heimes May 2016

Ocean Planning And The Gulf Of Maine: Exploring Bi-National Policy Options, Lucia Fanning, Rita Heimes

Ocean and Coastal Law Journal

Over the twenty-five years since a special Chamber of the International Court of Justice (ICJ) issued its decision in the Delimitation of the Maritime Boundary in the Gulf of Maine Area (Gulf of Maine Case), legal scholars have written extensively on the significance of the ruling to influence Canada-U.S. relations specifically, and international arbitration in general.2 While the rationale behind any particular scholar’s interest in the case has varied over the years, its significance in informing deliberation surrounding maritime boundary delimitation owes much to the fact that the case presented many “firsts.” Among these were: the use of a special …

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