Natural Resources Law Commons^™

Stepping Onto A Moving Train: The Collision Of Illegal Logging, Forestry Policy, And Emerging Free Trade In The Russian Far East, Robert M. Crowley

Washington International Law Journal

Faced with economic decline following the Soviet Union's collapse, Russia is energetically seeking ways to develop its economy and stimulate trade. In order to accomplish these goals, Russia has taken a number of steps to improve its interactions with its trading partners and reform its internal economic structures. Among the most sweeping areas of change are Russia's steps toward bilateral and multilateral free trade agreements and the proposed changes to its Forest Code. Externally, Russia has signed an agreement with China to stabilize relations, increase trade, and address shared environmental concerns, and has taken steps toward membership in the World …

State Responsibility And The High Seas Marine Environment: A Legal Theory For The Protection Of Seamounts In The Global Commons, Gregory D. Pendleton

Washington International Law Journal

At its latest session, the United Nations General Assembly urged States to consider a temporary ban on bottom trawling on the high seas. Bottom trawling technology causes extensive damage both to the habitat of deep sea living marine resources ("LMRs") and to the LMRs themselves. This damage is particularly acute at heavily fished undersea mountains known as seamounts. The pronouncement by the General Assembly, while certainly a positive step, is another unfortunate example of short-sighted fisheries management: instead of creating a legitimate protection regime—such as a moratorium or a system of High Seas Marine Protected Areas ("HSMPA")—for these rare and …

Up In Smoke: Using Cooperative U.S. Forest Fire Management Policies As A Model For Implementing An Effective Forest Fire Prevention Program In The Russian Far East, Jim Wilkson

Washington International Law Journal

The Russian Far East's ("RFE") most abundant natural resource is its vast, relatively unbroken tracts of boreal forest. Wildfires are the largest cause of deforestation in the RFE. Rampant fires in the RFE threaten biodiversity and wildlife habitat, destroy timber reserves, and create pollution and greenhouse gases. Experts estimate that between eighty to ninety percent of these fires are human-caused. However, Russian forestry laws fail to provide the type of legal framework necessary to adequately address these preventable fires. Forest management legislation mandating more comprehensive and cooperative fire prevention could prevent disastrous forest fires in the RFE. U.S. fire management …

The Australian National Representative System Of Marine Protected Areas And The Marine Zoning System: A Model For The United States?, Jennifer L. Schorr

Washington International Law Journal

Marine Protected Areas ("MPAs") are increasingly recognized as a critical component of marine conservation. MPAs are areas of the marine ecosystem set aside for special protection and management in order to conserve biological or cultural resources. MPAs manage the use of marine resources by limiting or controlling activities within the area. Marine reserves, the most restrictive type of MPA, severely limit or forbid all extractive activities. Scientific research has demonstrated that MPAs, especially marine reserves, can have rapid and long-term benefits for biological diversity, lead to recovery of specific species, and may have a "spill over" effect that benefits adjacent …

Applicant In Intervention - Appellant Samish Indian Tribe's Reply Brief - United States V. Washington, Docket No. 03-35145 (394 F.3d 1152 (9th Cir. 2005))

United States v. Washington, Docket No. 03-35145 (394 F.3d 1152 (9th Cir. 2005))

No abstract provided.

Answering Brief For The United States - United States V. Washington, Docket No. 03-35145 (394 F.3d 1152 (9th Cir. 2005))

United States v. Washington, Docket No. 03-35145 (394 F.3d 1152 (9th Cir. 2005))

No abstract provided.

Tribal Appellees' Brief - United States V. Washington, Docket No. 03-35145 (394 F.3d 1152 (9th Cir. 2005))

United States v. Washington, Docket No. 03-35145 (394 F.3d 1152 (9th Cir. 2005))

No abstract provided.

Applicant In Intervention - Appellant Samish Indian Tribe's Opening Brief - United States V. Washington, Docket No. 03-35145 (394 F.3d 1152 (9th Cir. 2005))

United States v. Washington, Docket No. 03-35145 (394 F.3d 1152 (9th Cir. 2005))

No abstract provided.

A Call For Co-Management: Treaty Fishing Allocation In New Zealand And Western Washington, Kristi Stanton

Washington International Law Journal

The Maori tribe of New Zealand and the tribes of western Washington are both subject to quota systems as a result of their treaty rights to fish. While New Zealand's quota system was legislatively imposed, western Washington's was judicially imposed. Nevertheless, the two quota systems are quite similar in that both permit approximately half the allowable catch of fish each year to go to the tribes. However, that amount does not adequately represent what the tribes are entitled to based on their treaty rights. Colonization, over-fishing, and resource deterioration have decreased the amount of fish available to the fishing population …

The Future Of Municipal Fisheries In The Philippines: Does The Philippine Fisheries Code Do Enough?, Devon Shannon

Washington International Law Journal

The allocation of fishery resources is a critical concern for the Philippines municipal fishing sector where the global problem of overfishing has taken its toll on near-shore aquatic life. The dependency of coastal Filipino communities on fishery resources for nutrition and livelihood necessitates an analysis of the 1998 Philippine Fisheries Code's ("PFC's") ability to facilitate effective marine resource allocation at the municipal level. A comparison of international instruments addressing fishery resource management with the PFC reflects a clear intent on the part of the Code's drafters to emulate accepted international standards. In some areas, however, the PFC's ambiguous language hinders …

Land Policy And Adat Law In Indonesia's Forests, Kallie Szczepanski

Washington International Law Journal

The Indonesian government's land laws and policies lead to displacement of and hardship for the indigenous peoples of the archipelago. The Basic Agrarian Law, Basic Forestry Law, and Spatial Planning Law all allow for expropriation of indigenous lands formerly governed under the adat legal system. In addition, the central government's policy of transmigration—the shifting of people from the populous Inner Islands of Java, Bali, and Madura to the Outer Islands—only increases the economic and cultural pressure on indigenous peoples of the Outer Islands. The hopelessness and anger that result from the marginalization of traditional adat societies fuel violent ethnic conflicts, …

Phoenix From The Ashes—The 1999 Pacific Salmon Agreement, Sims G. Weymuller

Washington International Law Journal

The United States and Canada have found a solution to their century long "salmon war" over how many salmon can be taken by each side's fishing fleets from the once-bountiful Pacific salmon runs. Each country felt entitled to an "equitable" portion of the salmon, but no agreed means existed to calculate the shares. Canada felt that the prodigious U.S. fleet often caught more than its share. Substantial peace first came under the 1985 Pacific Salmon Treaty, but dwindling salmon populations, the expiration of the original management regimes, and flaws in those regimes threatened to doom the 1985 Treaty by the …

Protecting The Oceanic Gardens Of Eden: International Law Issues In Deep-Sea Vent Resource Conservation And Management, Craig Allen

Articles

This article seeks to stimulate the nascent discussion on legal questions presented by access to, and use of, deep-sea hydrothermal vent sites and resources and to help guide ocean policy analysts in their efforts to formulate and implement appropriate conservation and management measures adapted to the unique multiple-use conflicts posed by the vent phenomena. The inquiry is timely and important for the vent communities, some of which are already showing signs of the human footprint—a footprint that may in the not too distant future include the tracks of submarine bulldozers as they set about the job of seabed mining.

The …

The Wto Panel Decision On Australia's Salmon Import Guidelines: Evidence That The Sps Agreement Can Effectively Protect Human Health Interests, Matthew D. Taylor

Washington International Law Journal

On July 19, 1999, Australia lifted its ban on salmon imports and announced new salmon import guidelines. The new guidelines were promulgated in response to a World Trade Organization ("WTO") Appellate Body determination that the import ban violated the Agreement on the Application of Sanitary and Phytosanitary Measures ("SPS Agreement"). Canada challenged Australia's new import guidelines, alleging that the new guidelines also violate the SPS Agreement. The WTO dispute settlement panel held that, with the exception of only one provision, Australia's new salmon import guidelines are based on appropriate scientific risk analyses and are now in line with comparable import …

Reply Brief Of Appellant Muckleshoot Indian Trive Responding To Joint Brief Of Appellees Puyallup, Swinomish And Suquamish Tribes And Brief Of Appellee Tulalip Tribes - United States V. Muckleshoot Indian Tribe, Docket No. 99-35960 (235 F.3d 429 (9th Cir. 2000))

United States v. Muckleshoot Indian Tribe, Docket No. 99-35960 (235 F.3d 429 (9th Cir. 2000))

No abstract provided.

Brief Of Intervenor - Plaintiffs/Petitioners - Appellees Puyallup Indian Tribe, Suquamish Indian Tribe And Swinomish Indian Tribal Community - United States V. Muckleshoot Indian Tribe, Docket No. 99-35960 (235 F.3d 429 (9th Cir. 2000))

United States v. Muckleshoot Indian Tribe, Docket No. 99-35960 (235 F.3d 429 (9th Cir. 2000))

No abstract provided.

Brief Of Intervenor- Plaintiff/Appellee The Tulalip Tribes Of Washington - United States V. Muckleshoot Indian Tribe, Docket No. 99-35960 (235 F.3d 429 (9th Cir. 2000))

United States v. Muckleshoot Indian Tribe, Docket No. 99-35960 (235 F.3d 429 (9th Cir. 2000))

No abstract provided.

Brief Of Appellant Muckleshoot Indian Tribe - United States V. Muckleshoot Indian Tribe, Docket No. 99-35960 (235 F.3d 429 (9th Cir. 2000))

United States v. Muckleshoot Indian Tribe, Docket No. 99-35960 (235 F.3d 429 (9th Cir. 2000))

No abstract provided.

Appellant State Of Washington's Reply Brief - United States V. Washington, Docket Nos. 99-35104, 99-35140 (235 F.3d 438 (9th Cir. 2000))

United States v. Washington, Docket Nos. 99-35104, 99-35140 (235 F.3d 438 (9th Cir. 2000))

No abstract provided.

Answering Brief Of Appellee Quinault Indian Nation - United States V. Washington, Docket Nos. 99-35104, 99-35140 (235 F.3d 438 (9th Cir. 2000))

United States v. Washington, Docket Nos. 99-35104, 99-35140 (235 F.3d 438 (9th Cir. 2000))

No abstract provided.

Appellee Confederated Tribes Of The Chehalis Reservation Answering Brief - United States V. Washington, Docket Nos. 99-35104, 99-35140 (235 F.3d 438 (9th Cir. 2000))

United States v. Washington, Docket Nos. 99-35104, 99-35140 (235 F.3d 438 (9th Cir. 2000))

No abstract provided.

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 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

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

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 …

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 …

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, …

Appellant State Of Washington's Opening Brief - United States V. Washington, Docket Nos. 99-35104, 99-35140 (235 F.3d 438 (9th Cir. 2000))

United States v. Washington, Docket Nos. 99-35104, 99-35140 (235 F.3d 438 (9th Cir. 2000))

No abstract provided.

Puget Sound Shellfish Growers' Brief In Reply - Washington V. United States, Puget Sound Shellfish Growers V. United States, Alexander V. United States, 26 Tideland And Upland Private Property Owners V. United States, Docket Nos. 98-1028, 98-1026, 98-1039, 98-1052 (526 U.S. 1060 (1999))

Washington v. United States, Puget Sound Shellfish Growers v. United States, Alexander v. United States, 26 Tideland and Upland Private Property Owners v. United States, Docket Nos. 98-1028, 98-1026, 98-1039, 98-1052 (526 U.S. 1060 (1999))

No abstract provided.

Upow's Reply Briefs In Opposition - Washington V. United States, Puget Sound Shellfish Growers V. United States, Alexander V. United States, 26 Tideland And Upland Private Property Owners V. United States, Docket Nos. 98-1028, 98-1026, 98-1039, 98-1052 (526 U.S. 1060 (1999))

Washington v. United States, Puget Sound Shellfish Growers v. United States, Alexander v. United States, 26 Tideland and Upland Private Property Owners v. United States, Docket Nos. 98-1028, 98-1026, 98-1039, 98-1052 (526 U.S. 1060 (1999))

No abstract provided.