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Articles 31 - 60 of 70
Full-Text Articles in Natural Resources Law
Potential Conflicts Between A Future Law Of The Sea Treaty And The Fishery Conservation And Management Act Of 1976, Jon L. Jacobson, Douglas G. Cameron
Potential Conflicts Between A Future Law Of The Sea Treaty And The Fishery Conservation And Management Act Of 1976, Jon L. Jacobson, Douglas G. Cameron
Washington Law Review
No abstract provided.
Fishery Management And The General Welfare: Implications Of The New Structure, Guilo Pontecorvo
Fishery Management And The General Welfare: Implications Of The New Structure, Guilo Pontecorvo
Washington Law Review
This article is an effort to assess one aspect of the Fishery Conservation and Management Act of 1976: the structure and the composition of membership of Regional Fishery Management Councils. In Part I, the article briefly reviews the conservation and management problems facing United States fisheries. It also considers the objectives of the Act and the relationship of these objectives to the economic criteria normally employed for the assessment of the impact of legislation on the general welfare.
The Role Of Conservation And Fishery Science Under The Fishery Conservation And Management Act Of 1976, Dayton L. Alverson
The Role Of Conservation And Fishery Science Under The Fishery Conservation And Management Act Of 1976, Dayton L. Alverson
Washington Law Review
The enactment of the Fishery Conservation and Management Act of 1976, which extends United States jurisdiction over fishery resources seaward to 200 nautical miles, constitutes a radical departure from the legal and philosophical foundations of past United States fishery management. The Act incorporates major changes in the distribution of authority to manage fishery resources seaward of the territorial sea and broadens the goals of management to accommodate socioeconomic objectives. Furthermore, it explicitly mandates employment of the best scientific information available in the development of fishery management plans and seeks to establish a comprehensive program of fisheries research to carry out …
The Fishery Conservation And Management Act Of 1976: Management Objectives And The Distribution Of Benefits And Costs, Francis T. Christy, Jr.
The Fishery Conservation And Management Act Of 1976: Management Objectives And The Distribution Of Benefits And Costs, Francis T. Christy, Jr.
Washington Law Review
The purpose of this article is to raise some questions concerning the appropriate objectives for fishery management. Management objectives are evaluated by examining the implications of different policies regarding the distribution of benefits and costs among the many and varied interests involved. Part I of the article begins with a discussion of the failure of the Act and its legislative history to provide satisfactory objectives. Part II identifies some of the interests related to the use of fishery resources, and Part III examines the likely effects on these interests of policy choices in three issue areas—the adoption of entry limits …
Symposium On The Fishery Conservation And Management Act Of 1976, Anon
Symposium On The Fishery Conservation And Management Act Of 1976, Anon
Washington Law Review
The Washington Law Review, mindful of the fact that preparation for the future is as vital an endeavor in the law as elsewhere, hopes to offer in this Symposium a foundation for interpretation and discussion of this important and complex legislation.
The Fishery Conservation And Management Act Of 1976: First Step Toward Improved Management Of Marine Fisheries, Warren G. Magnuson
The Fishery Conservation And Management Act Of 1976: First Step Toward Improved Management Of Marine Fisheries, Warren G. Magnuson
Washington Law Review
The purpose of this article is to discuss three things: First, the background which led to the passage of the Act is briefly outlined; second, the content of the Act is described; and finally, I discuss the significant elements of the debate on the bill, mainly those relating to United States foreign policy.
Congressional Authorization And Oversight Of International Fishery Agreements Under The Fishery Conservation And Management Act Of 1976, E. Susan Crystal
Congressional Authorization And Oversight Of International Fishery Agreements Under The Fishery Conservation And Management Act Of 1976, E. Susan Crystal
Washington Law Review
This note will examine three aspects of governing international fishery agreements as they reflect on the nature of those powers: (1) congressional power to authorize the agreements, (2) the delegation of legislative authority, and (3) congressional oversight of the GIFA's by use of the legislative veto.
Judicial Review Of Fishery Management Regulations Under The Fishery Conservation And Management Act Of 1976, Christopher L. Koch
Judicial Review Of Fishery Management Regulations Under The Fishery Conservation And Management Act Of 1976, Christopher L. Koch
Washington Law Review
There are many issues under the Act which may come before the courts, including the effect of the National Environmental Policy Act on management schemes and whether there may be judicial review of the executive branch's decisions on applications from foreign nations to fish within the 200-mile zone. But of paramount importance to those with a stake in the outcome of the management schemes is section 305(d) of the Act, which governs judicial review of fishery management regulations. Unfortunately, congressional discussion of this section is virtually non-existent, as the provision was a last minute addition to the Act. It is …
Enforcement Of The Fishery Conservation And Management Act Of 1976: The Policeman's Lot, Eugene R. Fidell
Enforcement Of The Fishery Conservation And Management Act Of 1976: The Policeman's Lot, Eugene R. Fidell
Washington Law Review
The purposes of this article are to analyze the enforcement provisions of the FCMA, to compare them with the terms of prior United States fisheries legislation, and to consider the probable shape of the enforcement program under the new law. Where appropriate, consideration will be given to parallel foreign developments as well as the possible interaction with the Revised Single Negotiating Text distributed at the end of the New York session of the Third United Nations Conference on the Law of the Sea in May 1976. In several instances, the need for corrective legislation, which is apparently being addressed within …
Recapture Of Economic Rent Under The Fcma: Sections 303-304 On Permits And Fees, William T. Burke
Recapture Of Economic Rent Under The Fcma: Sections 303-304 On Permits And Fees, William T. Burke
Washington Law Review
The purpose of this brief article is to consider these interpretations of the Act and to suggest, in contrast, that the Act can and should be interpreted as preserving some methods of capturing the increased economic rent that will probably be generated by a limited-entry scheme. Discussion centers about the terms of the Act itself and the guidance they provide, the legislative history of the Act, and the removal of ambiguity or uncertainty by reference to the major purposes sought by the Act.
Economic Dimensions Of Fees And Access Control Under The Fishery Conservation And Management Act Of 1976, Robert C. Anderson, James A. Wilson
Economic Dimensions Of Fees And Access Control Under The Fishery Conservation And Management Act Of 1976, Robert C. Anderson, James A. Wilson
Washington Law Review
This article is devoted to an analysis of how these new management tools can be used most effectively as applied to domestic and foreign fishermen.
Indian Treaty Analysis And Off-Reservation Fishing Rights: A Case Study, Richard A. Finnigan
Indian Treaty Analysis And Off-Reservation Fishing Rights: A Case Study, Richard A. Finnigan
Washington Law Review
In United States v. Washington, Federal District Court Judge Boldt held that treaties negotiated in the 1850's by Territorial Governor Isaac Stevens, on behalf of the federal government, reserved to the Indians of western Washington the right to fish off reservation for salmon and steelhead in their "usual and accustomed places." These treaties stated that the right is to be exercised "in common with" non-Indian fishermen. In a critical examination of precedent which clarified much of the prior uncertainty concerning Indian treaty analysis, Judge Boldt interpreted this treaty language to require that the Indians be given an opportunity to harvest …
Natural Resources, A. R. Lucas
Natural Resources, A. R. Lucas
Washington Law Review
A book review essay considering Natural Resources and Public Property Under the Canadian Constitution, by G.V. La Forest (1969).
Regulation Of Treaty Indian Fishing, Anon
Regulation Of Treaty Indian Fishing, Anon
Washington Law Review
On December 26, 1854, the Treaty of Medicine Creek was concluded between the United States and nine western Washington Indian tribes. The Indians ceded to the United States all rights in a large portion of their tribal lands, but reserved the "right of taking fish, at all usual and accustomed grounds and stations ... in common with all citizens of the Territory." Whatever the representatives of the United States or the Indian chiefs meant by this clause has been lost in antiquity. It is certain that they could not have foreseen the acrimony or the legal battles that it would …
Regulation Of Treaty Indian Fishing, Anon
Regulation Of Treaty Indian Fishing, Anon
Washington Law Review
On December 26, 1854, the Treaty of Medicine Creek was concluded between the United States and nine western Washington Indian tribes. The Indians ceded to the United States all rights in a large portion of their tribal lands, but reserved the "right of taking fish, at all usual and accustomed grounds and stations ... in common with all citizens of the Territory." Whatever the representatives of the United States or the Indian chiefs meant by this clause has been lost in antiquity. It is certain that they could not have foreseen the acrimony or the legal battles that it would …
The Japan-United States Salmon Conflict, Ralph W. Johnson
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 …
The Abstention Principle And Its Relation To The Evolving International Law Of The Seas, Soji Yamamoto
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 …
Japan And International Conventions Relating To North Pacific Fisheries, Shigeru Oda
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
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
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 …
Some Japanese Far-Sea Fisheries, Fukuzo Nagasaki
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.
Economic And Legal Aspects Of Japanese Fisheries Regulation And Control, Salvatore Comitini
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
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
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
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
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
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
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
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
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 …