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Full-Text Articles in Law
What A Salmon Czar Might Hope For, William H. Rodgers Jr.
What A Salmon Czar Might Hope For, William H. Rodgers Jr.
Washington Law Review
Senate Bill 5595 is denominated "Salmon Recovery Funding." It is a structural and planning law. It authorizes establishment of a Salmon Recovery Funding Board that will fix criteria and allocate funds for "salmon habitat projects" and "salmon recovery activities." The projects include habitat restoration and protection; the activities include preparation of stream corridor guidelines and programmatic permitting endeavors. The Board will work from a "habitat project list" that is to be developed by a "critical pathways methodology." This approach is defined as "a project scheduling and management process for examining interactions between habitat projects and salmonid species prioritizing habitat projects, …
The Take And Give Of Esa Administration: The Need For Creative Solutions In The Face Of Expanding Regulatory Proscriptions, Christine O. Gregoire, Robert K. Costello
The Take And Give Of Esa Administration: The Need For Creative Solutions In The Face Of Expanding Regulatory Proscriptions, Christine O. Gregoire, Robert K. Costello
Washington Law Review
Salmon play a significant role in the culture, economy, and ecology of Washington State. Their threatened extinctions have led to a string of listings under the federal Endangered Species Act. This Article considers our response to these listings and the relationship of that response to federal oversight. Part I discusses how the ESA will affect the actions and activities of state and local governments and the citizens they serve. Part II discusses the need for latitude on the part of the federal agencies in assessing the value of state conservation and recovery efforts. This Article concludes that the plight of …
Truce In The Salmon War: Alternatives For The Pacific Salmon Treaty, Karol De Zwager Brown
Truce In The Salmon War: Alternatives For The Pacific Salmon Treaty, Karol De Zwager Brown
Washington Law Review
The 1985 Pacific Salmon Treaty was heralded as an end to the ongoing international dispute between the United States and Canada over Pacific salmon fishing rights. The Treaty, however, failed to define adequately the principles and processes for allocating salmon harvests between the two countries. The parties to the Treaty have been unable to reach consensus on annual salmon harvests since 1992, fueling a growing conflict which has threatened to spill over to issues beyond the fishery dispute. This Article examines the historical context of the "salmon war," highlighting changes in international law and domestic politics that affected the formation …
How Do You Learn From A River? Managing Uncertainty In Species Conservation Policy, John M. Volkman
How Do You Learn From A River? Managing Uncertainty In Species Conservation Policy, John M. Volkman
Washington Law Review
As the Puget Sound region embarks on a new chapter in the story of the Endangered Species Act, experiences with fish and wildlife restoration efforts in other locations can be instructive. This Article reviews conservation efforts in the Columbia River Basin, and it explains the major role that scientific uncertainty plays in salmon conservation efforts. This discussion describes the debate between traditional fish and wildlife management, which focuses more on individual populations and mitigation technologies, and recent scientific reports, which urge more reliance on naturally functioning rivers and watersheds. The Article also describes a variety of learning tools that have …
Salmon And The Endangered Species Act: Lessons From The Columbia Basin, Michael C. Blumm, Greg D. Corbin
Salmon And The Endangered Species Act: Lessons From The Columbia Basin, Michael C. Blumm, Greg D. Corbin
Washington Law Review
Within the last decade, the Columbia Basin, once home to the world's largest salmon runs, has witnessed numerous listings of its signature natural resource under the Endangered Species Act (ESA). These listings have propelled the ESA into the forefront of land and water use decisionmaking across a vast landscape of the Pacific Northwest This Article examines the Columbia Basin salmon listings and their aftermath. Specifically, it considers the effect of the ESA's consultation requirements on hydroelectric, hatchery, harvest, and habitat decisionmaking. The Article draws several lessons from this examination, many of them surprising, including the assertion that the listings have …
The Role Of Rights In Benefit Cost Methodology: The Example Of Salmon And Hydroelectric Dams, Richard O. Zerbe Jr., Linda J. Graham
The Role Of Rights In Benefit Cost Methodology: The Example Of Salmon And Hydroelectric Dams, Richard O. Zerbe Jr., Linda J. Graham
Washington Law Review
Benefit cost analysis is a well-established technique for assessing the impacts of proposed actions. Accurate benefit cost analysis is essential to making informed decisions through an understanding of the trade-offs involved in alternative actions. This Article presents a methodology for improving current benefit cost techniques and hence the usefulness of benefit cost analysis to decisionmakers. The proposed methodology is based on recognition of the roles of legal rights and psychological expectations in benefit cost analysis. Proper consideration of these rights and expectations is critical to an accurate determination of how benefits and costs are measured and whose interests are included …