Some Back-Ended Legal And Political Issues In United States Fisheries Management, Chad J. Mcguire, Bradley P. Harris
Aug 2010
Some Back-Ended Legal And Political Issues In United States Fisheries Management, Chad J. Mcguire, Bradley P. Harris
Chad J McGuire
In response to over-exploitation and ecosystem degradation, United States federal fisheries policy is shifting from species-based to ecosystem-based management. In addition, the reauthorized Magnuson-Stevens Fisheries Conservation and Management Reauthorization Act of 2006 identifies the following goals to be achieved by 2011: end over-fishing, create market-based incentives, strengthen enforcement mechanisms, and improve cooperative conservation efforts. We refer to these goals (including the “status quo”) as front-ended policy objectives. Left unresolved are what we term back-ended policy and legal issues, specifically including issues involving the legal limitations that inhibit full consideration of ecosystem-based management principles through the adopting of scientific information. In …
Sustainable Approaches To Managing Small-Scale Ecosystems: A Case Study Of Vernal Pool Protection In The Commonwealth Of Massachusetts, United States Of America, Chad J. Mcguire
May 2010
Sustainable Approaches To Managing Small-Scale Ecosystems: A Case Study Of Vernal Pool Protection In The Commonwealth Of Massachusetts, United States Of America, Chad J. Mcguire
Chad J McGuire
This paper reviews the current management scheme used by Massachusetts to protect vernal pools, which represent small-scale ecosystems, and analyzes its relative strengths and weaknesses from an overall sustainability standpoint by looking at the frameworks developed for management. The frameworks are analyzed to determine if the objectives of vernal pool protection are being met. The initial impression is the outcomes are not meeting the objective of overall vernal pool protection, because there are failures in the drivers (mainly the certification requirement), which limits the number of verbal pools actually protected. An expansion of the current Massachusetts program is suggested to …
Unclos And The High Seas: Problems And Suggested Solutions To The Creation Of A Common Pool Resource On An International Scaleproblems And Suggested Solutions To The Creation Of A Common Pool, Chad J. Mcguire
Jan 2003
Unclos And The High Seas: Problems And Suggested Solutions To The Creation Of A Common Pool Resource On An International Scaleproblems And Suggested Solutions To The Creation Of A Common Pool, Chad J. Mcguire
Chad J McGuire
The purpose of this paper is to critically analyze UNCLOS as an efficient management regime for protecting migratory marine species1, especially those with economic value. The premise, based on foundations of collective action theory, is UNCLOS cannot adequately protect marine resources. The main reasons include the dynamics involved with national sovereignty, along with UNCLOS creation of what is tantamount to a common pool, or open access resource through the development of the “high seas” concept.
Remediating Contaminated Sediments Under California’S Regulatory Regime: Are, Chad J. Mcguire
Dec 2002
Remediating Contaminated Sediments Under California’S Regulatory Regime: Are, Chad J. Mcguire
Chad J McGuire
California has a legislative mandate to remedy contaminated sediments under state statutory guidelines contained in the Porter-Cologne Water Quality Act. Implementation of these guidelines is delegated to Regional Water Quality Board’s (RWQB) throughout California. RWQB’s have interpreted requirements for contaminated sediment cleanup to be a “background level” approach. Such an approach is in direct conflict with the specific statutory mandates under Porter-Cologne. Instead of requiring a standard of “background levels”, Porter-Cologne is clear in requiring a cost-benefit analysis akin to review standards in the federal Comprehensive Environmental Response for Contaminated Liability Act (CERCLA), and more importantly, the California Hazardous Substance …
Major Terrestrial Causes Of Marine Coastal Pollution: A Critique Of Current Regulation And The Suggestion Of An Alternative Approach To Regulation, Chad J. Mcguire
Dec 2001
Major Terrestrial Causes Of Marine Coastal Pollution: A Critique Of Current Regulation And The Suggestion Of An Alternative Approach To Regulation, Chad J. Mcguire
Chad J McGuire
The purpose of this article is to identify agricultural operations as the major source of marine pollution, and present an argument for an alternate regulatory mechanism to properly control these sources. First, causes of marine pollution will be identified. Then, existing federal regulations will be reviewed and criticized. Some emphasis will be placed on §303 of the CWA, and the Total Maximum Daily Load (TMDL) program suggested by EPA. It will be used as a case study to show why ambient-based regulations are ineffective at controlling pollution sources. Limitations on other regulatory programs will be identified and explained. An alternate …
