Natural Resources Law Commons^™

Economic And Legal Aspects Of Japanese Fisheries Regulation And Control, Salvatore Comitini

Washington Law Review

Japan is unique among the so-called free-market economies in that over 85 percent of all fishing operations is regulated and controlled by law. This distinguishing characteristic of Japanese fishing operations has led some observers to infer that it may be the most signficant factor in the seemingly "comparative advantage" which Japan enjoys over Western nations in high seas fishing. However, the regulations, as they have developed, are not as rigidly imposed and inflexible as those under a centrally planned economy such as that of the Soviet Union. Nor are the regulations quite as limited—in the economic sense of that term—as …

Politics Of The North Pacific Fisheries—With Special Reference To The Twelve-Mile Bill, Kline R. Swygard

Washington Law Review

The purpose of this paper is to review the historical development of the federal legislation which established "a contiguous fishing zone beyond the territorial sea of the United States," popularly known as the 12-mile bill, with particular reference to the interplay of political forces in order to expose politics and its role in the North Pacific fisheries

Food Fishery Policies In The Western United States, William F. Royce, Edward D. Hansen

Washington Law Review

Some of the obstacles to the growth of our fishing economy may lie in governmental policies relating to conservation and development of our food fish resources and food fish industry. Both the objectives and the means of achieving food fishery policies involve a system of government control over the business and the resource. We shall examine food fishery policies in the four states bordering on the Pacific Ocean: California, Oregon, Washington and Alaska. Our primary objective is to describe those policies, the authority from which they derive, the objectives and practices of the responsible departments, and the source of the …

Management Of The North Pacific Fisheries: Economic Objectives And Issues, James A. Crutchfield

Washington Law Review

In this paper, we attempt to narrow the areas of conflict by specifying more precisely the objectives of fishery utilization (and, inferentially, of fisheries management) in the North Pacific, and by analysis of the extent to which the optimal combination of regulatory measures in a theoretical framework must be modified to accommodate the technological, administrative, and political complexities that beset an international fishery. The basic bioeconomic theory of an ocean fishery is modified to show its application to a typical case involving interdependent exploited species and international differences in market prices of both inputs and end products. The analysis is …

The Abstention Principle And Its Relation To The Evolving International Law Of The Seas, Soji Yamamoto

Washington Law Review

It should be our task to objectively determine whether the abstention principle embodied in the Tripartite Treaty rationalizes the conservation of ocean resources in view of the historic development or transmutation of the concept of fishery rights under the international law of the seas. In order to do so, we must examine both the abstention principle and the historical development of fishery rights. Ultimately, this necessitates discussion of the consistency or lack thereof between the Tripartite Treaty and the Convention on Fishing and Conservation of the Living Resources of the High Seas. The validity of the abstention principle must be …

The Japan-United States Salmon Conflict, Ralph W. Johnson

Washington Law Review

The United States, Canada, and Japan signed the International Convention for the High Seas Fisheries of the North Pacific Ocean [hereinafter cited as Tripartite Treaty] on May 9, 1952, 11 days after the effective date of the Japanese Peace Treaty. This fisheries Treaty became effective June 12, 1953. It initiated the "abstention" principle whereby Japan agreed to abstain from fishing stocks of North American spawned salmon when the Commission, created in the treaty, was satisfied that the United States and Canada were taking the "maximum sustainable yield"' of those stocks, when it was demonstrated that United States and Canadian fishermen …

Japan And International Conventions Relating To North Pacific Fisheries, Shigeru Oda

Washington Law Review

This paper will begin with a treatment of the North Pacific Fisheries Convention of 1952. After exploring this treaty and the abstention formula embodied in it, a study of the Northwest Pacific Fisheries Convention of 1956 and the formula incorporated therein will be undertaken. After studying the 1952 and 1956 Conventions, the paper will proceed to examine the recent fisheries agreement of 1965 between Japan and the Republic of Korea. This last agreement contains an idea of equal sharing of high seas fish resources among the nations concerned.

New Uses Of International Law In The North Pacific, Douglas M. Johnston

Washington Law Review

Since all marine fisheries are either shared or shareable and constitute a renewable resource, broad policy problems of fishery use, both by "have" and "have not" fishing states, always have an international aspect and involve considerations of both development and conservation. In few areas of international law is the challenge to our reason and imagination so acute; and seldom do jurists so obviously require the services of the natural sciences. Yet fishery science, now engaging a small but growing number of specialists from biology and related disciplines, is still unable to provide an adequate factual basis for the sophisticated articulation …

Aspects Of Internal Decision-Making Processes In Intergovernmental Fishery Commissions, William T. Burke

Washington Law Review

The purpose of this paper is to examine certain aspects of the decision-making processes of intergovernmental institutions established for regulating interactions in the exploitation of ocean fisheries. The aspects selected are those denominated as internal constitutional arrangements; embracing, more specifically, the grant of capacity to the group, membership provisions, structure, objectives, and distribution of certain authority functions within the commissions. Very little attention is devoted to the external decision-making process involving the fishery commissions with other participants, including members and other public or private entities which a more comprehensive study would embrace. Fortunately, in light of anticipated developments in world …

Economic And Legal Aspects Of Japanese Fisheries Regulation And Control, Salvatore Comitini

Washington Law Review

Japan is unique among the so-called free-market economies in that over 85 percent of all fishing operations is regulated and controlled by law. This distinguishing characteristic of Japanese fishing operations has led some observers to infer that it may be the most signficant factor in the seemingly "comparative advantage" which Japan enjoys over Western nations in high seas fishing. However, the regulations, as they have developed, are not as rigidly imposed and inflexible as those under a centrally planned economy such as that of the Soviet Union. Nor are the regulations quite as limited—in the economic sense of that term—as …

Some Japanese Far-Sea Fisheries, Fukuzo Nagasaki

Washington Law Review

This paper briefly describes some of the Japanese far-sea fisheries in the Pacific Ocean which are now of international concern. This includes some of the Japanese salmon fisheries (including some classified in the off-shore fishery), the kingcrab fishery and the bottomfish fishery in the northern North Pacific, and the tuna fishery in the Pacific Ocean. Brief remarks are also made on recent conditions of the major stocks.

Food Fishery Policies In The Western United States, William F. Royce, Edward D. Hansen

Washington Law Review

Some of the obstacles to the growth of our fishing economy may lie in governmental policies relating to conservation and development of our food fish resources and food fish industry. Both the objectives and the means of achieving food fishery policies involve a system of government control over the business and the resource. We shall examine food fishery policies in the four states bordering on the Pacific Ocean: California, Oregon, Washington and Alaska. Our primary objective is to describe those policies, the authority from which they derive, the objectives and practices of the responsible departments, and the source of the …

Politics Of The North Pacific Fisheries—With Special Reference To The Twelve-Mile Bill, Kline R. Swygard

Washington Law Review

The purpose of this paper is to review the historical development of the federal legislation which established "a contiguous fishing zone beyond the territorial sea of the United States," popularly known as the 12-mile bill, with particular reference to the interplay of political forces in order to expose politics and its role in the North Pacific fisheries

Management Of The North Pacific Fisheries: Economic Objectives And Issues, James A. Crutchfield

Washington Law Review

In this paper, we attempt to narrow the areas of conflict by specifying more precisely the objectives of fishery utilization (and, inferentially, of fisheries management) in the North Pacific, and by analysis of the extent to which the optimal combination of regulatory measures in a theoretical framework must be modified to accommodate the technological, administrative, and political complexities that beset an international fishery. The basic bioeconomic theory of an ocean fishery is modified to show its application to a typical case involving interdependent exploited species and international differences in market prices of both inputs and end products. The analysis is …

The Japan-United States Salmon Conflict, Ralph W. Johnson

Articles

This article will briefly describe the events that followed the signing of the International Convention for High Seas Fisheries of the North Atlantic Ocean (the Tripartite Treaty) and the recent negotiations attempting to replace or modify that treaty. After describing the current state of negotiations between Japan and the United States, the article will then examine several key issues that form the focal points of the disagreement.

Was Japan coerced into signing the Tripartite Treaty in 1952? What is the meaning of the Protocol and the abstention line at longitude 1750 W.? What is the standing of the abstention principle …

Recreational Rights And Titles To Beds On Western Lakes And Streams, Ralph W. Johnson, Russell A. Austin Jr.

Articles

What rights do riparians, their licensees, and the public have to use the small lakes and streams of the West when the beds are privately owned? This is the question which this Article attempts to answer. However, to do this, an analysis had to be made of which lake and stream beds were privately owned. Thus, the Article covers both the questions of title to beds and rights of surface use. This Article represents the first time that an effort has been made to systematically and comprehensively survey the lake and stream surface use cases of the Western part of …

The Japan-United States Salmon Conflict, Ralph W. Johnson

Articles

This article will briefly describe the events that followed the signing of the Tripartite Treaty and the recent negotiations attempting to replace or modify that treaty. After describing the current state of negotiations between Japan and the United States, the article will then examine several key isues that form the focal points of the disagreement.6 Was Japan coerced into signing the Tripartite Treaty in 1952? What is the meaning of the Protocol and the abstention line at longitude 1750 W.? What is the standing of the abstention principle in international law? What are the policy arguments for and against abstention, …

Brief Of The Association On American Indian Affairs, Amicus Curiae - Department Of Game V. Puyallup Tribe, Inc., Docket No. 38611 (70 Wash. 2d 245 (Jan. 1967))

Department of Game v. Puyallup Tribe, Inc., Docket No. 38611 (70 Wash. 2d 245 (Jan. 1967))

No abstract provided.

Brief Of The United States, Amicus Curiae - Department Of Game V. Puyallup Tribe, Inc., Docket No. 38611 (70 Wash. 2d 245 (Jan. 1967))

Department of Game v. Puyallup Tribe, Inc., Docket No. 38611 (70 Wash. 2d 245 (Jan. 1967))

No abstract provided.

Brief Of Respondent - Department Of Game V. Puyallup Tribe, Inc., Docket No. 38611 (70 Wash. 2d 245 (Jan. 1967))

Department of Game v. Puyallup Tribe, Inc., Docket No. 38611 (70 Wash. 2d 245 (Jan. 1967))

No abstract provided.

Brief Of Amici Curiae, American Civil Liberties Union Of Washington - Department Of Game V. Puyallup Tribe, Inc., Docket No. 38611 (70 Wash. 2d 245 (Jan. 1967))

Department of Game v. Puyallup Tribe, Inc., Docket No. 38611 (70 Wash. 2d 245 (Jan. 1967))

No abstract provided.

Brief Of Amicus Curiae On Behalf Of The State Of Idaho Fish And Game Department - Department Of Game V. Puyallup Tribe, Inc., Docket No. 38611 (70 Wash. 2d 245 (Jan. 1967))

Department of Game v. Puyallup Tribe, Inc., Docket No. 38611 (70 Wash. 2d 245 (Jan. 1967))

No abstract provided.

Brief Of Appellants - Department Of Game V. Puyallup Tribe, Inc., Docket No. 38611 (70 Wash. 2d 245 (Jan. 1967))

Department of Game v. Puyallup Tribe, Inc., Docket No. 38611 (70 Wash. 2d 245 (Jan. 1967))

No abstract provided.

Brief Of Appellant, The Individual Members Of Puyallup Tribe Of Indians - Department Of Game V. Puyallup Tribe, Inc., Docket No. 38611 (70 Wash. 2d 245 (Jan. 1967))

Department of Game v. Puyallup Tribe, Inc., Docket No. 38611 (70 Wash. 2d 245 (Jan. 1967))

No abstract provided.

Regulation Of Commercial Salmon Fisherman: A Case Of Confused Objectives, Ralph W. Johnson

Articles

To be blunt, the salmon boat fisherman is as obsolete as the buffalo hunter. The "secret'"—traps and weirs; they make salmon catching absurdly easy and can be operated at 1/20 to 1/30 the boat-catching costs. Hunting for salmon on the high seas is like chasing bees in a meadow. Why not wait until the bees return to their hive, or until the salmon return to their spawning stream? Hunting for salmon with boats makes economic sense as a temporary palliative to an unemployment problem; it makes economic nonsense as a permanent industry in a competitive society in a …

Freedom Of Navigation For International Rivers: What Does It Mean?, Ralph W. Johnson

Articles

Is the principle of free navigation, as applied to international rivers, relevant to present-day political and economic reality? Ordinarily, the first thing to be done in an article such as this is to define the principal term, i.e., "free navigation," or "navigational freedom." In this case it is impossible to give a single definition. The term, idea, concept, or rationale is a chameleon, changing its meaning from place to place and from time to time. A number of the following pages will be devoted to tracing these various meanings and showing the confusion that arises from their existence. Briefly, there …

Brief Of Respondent - State V. Mccoy, Docket No. 36224 (63 Wash. 2d 421 (Dec. 19, 1963))

State v. McCoy, Docket No. 36224 (63 Wash. 2d 421 (Dec. 19, 1963))

No abstract provided.

Brief Of Appellant - State V. Mccoy, Docket No. 36224 (63 Wash. 2d 421 (Dec. 19, 1963))

State v. McCoy, Docket No. 36224 (63 Wash. 2d 421 (Dec. 19, 1963))

No abstract provided.

Brief Of Amicus Curiae - State V. Mccoy, Docket No. 36224 (63 Wash. 2d 421 (Dec. 19, 1963))

State v. McCoy, Docket No. 36224 (63 Wash. 2d 421 (Dec. 19, 1963))

No abstract provided.

Washington Timber Deeds And Contracts, Ralph W. Johnson

Articles

The law of Washington concerning the interests conveyed by timber deeds and contracts is foggy. Many vital questions are still totally unanswered, or have been left in confusion, by the cases in point. The principal area of doubt revolves around the question of whether standing timber, which has been sold separately from the land on which it stands, is realty or personalty. The answer is vital for many reasons. It determines whether a husband has power as manager of the community to convey community-owned timber without his wife's signature, which statute of frauds applies to a timber transaction, which recording …