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Full-Text Articles in Law
Essential Fish Habitat And Coastal Zone Management: Business As Usual Under The Magnuson-Stevens Act?, Lee Benaka, Dennis Nixon
Essential Fish Habitat And Coastal Zone Management: Business As Usual Under The Magnuson-Stevens Act?, Lee Benaka, Dennis Nixon
Golden Gate University Law Review
Part I of this article provides a brief overview of how fish habitat conservation became a significant priority for NMFS and how and why provisions to ensure habitat conservation were introduced into the Magnuson-Stevens Act. We describe how the brief language in the Magnuson-Stevens Act was interpreted by the NMFS through its Interim Final Rule and controversies related to that interpretation. Part II examines the response of management agencies in the Gulf of Mexico to the EFH policy. Specifically, this case study reviews an amendment created by the Gulf of Mexico Fishery Management Council to address EFH requirements and describes …
The Regulation Of Biological Pollution: Preventing Exotic Species Invasions From Ballast Water Discharged Into California Coastal Waters, Andrew N. Cohen, Brent Foster
The Regulation Of Biological Pollution: Preventing Exotic Species Invasions From Ballast Water Discharged Into California Coastal Waters, Andrew N. Cohen, Brent Foster
Golden Gate University Law Review
In Part I of this article, we describe ballast water's use, its contribution to biological invasions, and the technical approaches that could be used to combat the problem. In Part II, we describe opportunities for employing existing laws and regulations to manage ballast discharges in California. We first discuss the limitations of international, federal and state laws that have tried to address ballast discharges of exotic organisms as a shipping issue. We then consider the potential for regulating ballast discharges under federal and state laws aimed at controlling water pollution, protecting wildlife, ensuring the assessment, disclosure and mitigation of environmental …
Does The U.S. Government Realize That The Sea Is Rising? How To Restructure Federal Programs So That Wetlands And Beaches Survive, James G. Titus
Does The U.S. Government Realize That The Sea Is Rising? How To Restructure Federal Programs So That Wetlands And Beaches Survive, James G. Titus
Golden Gate University Law Review
This article examines practical federal options to prepare for one of the impacts of global warming-sea level rise. Part I examines the implications of greenhouse gases for our coastal zones, explains the causes and effects of sea level rise, and analyzes the implications of various responses. Part II examines how specific federal policies are currently failing to address existing and projected sea level rise, and enumerates a number of modest changes that may well have been included in these programs to begin with, had sea level rise been as well recognized when the programs were created as it is today. …