Transcript Lecture 1 (July 11) Slides (No Photos)

Denise Antolini, Associate Professor
Director, Environmental Law Program
William S. Richardson School of Law
University of Hawai`i at Mānoa
NO PHOTOS VERSION
Domestic Ocean & Coastal Law
Summer School
July 11, 2005 Lecture #1
Growing up on Monterey Bay . . .
• Santa Cruz, tidepools, fishing
• 1960 - Point Lobos - 750 underwater
acres were added to create the first
U.S. marine reserve
Education
• Harbor High School, 1978
• Princeton University, 1982
• University of California
(UC) at Berkeley, Public
Policy School, Masters,
1985
• U.C. Berkeley Law
School, Boalt Hall,1986
Environmental Law Career
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Environmental Defense Fund
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US Environmental Protection Agency
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Judicial Clerkship, Washington DC
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Sierra Club Legal Defense Fund,
Seattle, Washington
– Now Earthjustice
Ocean encounters . . .
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Steller’s emergency listing
Johnston Atoll case for Greenpeace
Sewage Pollution Cases
Representing Native Hawaiian Groups
Pūpūkea, North Shore, O`ahu
2002-3 MPA Governance Study for DLNR
2003 MPA Legislative Working Group
2003-4 Fulbright/Research in Italy
NR&E Essay on MPA Governance
ABA Marine Resources Committee
Hui Mālama o Pūpūkea-Waimea
HRCI CRE Regulatory Review
Environmental Law Program
William S. Richardson School of Law
University of Hawai`i at Mānoa
Living on the Beach
• Met my husband Ken through a lawsuit
involving ocean pollution
• We live on the North Shore of O`ahu,
near famous Waimea & Pipeline
Beaches
• Keiki marine users
UH Law School Surf Club in Action …
Orientation
Hawai`i: the world’s most isolated archipelago …
Pacific Ocean – Largest ocean in the world
Hawaiian Islands: isolated ecosystems, evolutionary
laboratory, highest rate of endemism and extinction
The Hawaiian Islands’ unique and fragile ecosystems
are a microcosm of global environmental problems
And hope . . . Hawai`i’s cultural history and sustainable
practices – provide lessons for sustainable living
Hawaiian `olelo noeau
He pako`a kani `āina
“a coral reef grows into
an island”
Kane`ohe Bay, O`ahu
Porites
compressa
finger coral
Coral Reefs: Rich Biodiversity
• Cover .17% of sea floor, but have 25% of all
marine species
• Reefs created by coral over thousands of years –
hard to create, easy to destroy
• Living coral reefs create habitat, nursery areas, sea
barriers, islands -> under-valued ecological
services
• Threats: disease, predation, coastal development,
alien species, over-harvesting, human destruction,
pollution, coral bleaching
Hawai`i’s Coral Reefs
• Hawai`i has most (80%?) of US coral reefs
• 25% of Hawai`i’s reef species are endemic
to the islands
• 15-18 species of coral (of 62) are endemic
• 24% of shore fish species are endemic
Hawaiian Culture
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Native Hawaiian culture is deeply rooted in nature,
spiritual and genealogical
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Hawaiian creation myth – born out of union of earth
mother (Papa) and sky father (Wakea), first stillborn
child (Haloa-naka) of Wakea and his daughter when
planted grew into taro kalo, second son was Haloa,
first human
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Earth and sky are ancestors; kalo is a sibling -- direct
kinship with the natural world (not “trusteeship” in
Western sense)
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Intimately tied to the ocean – arrived by canoe, master
navigators, fishers, and users of ocean
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Hawaiian life was centered around ocean gathering
and fishing, sophisticated fishing techniques
(including hundreds of fishponds, unique among
Polynesians)
Traditional Knowledge v. Modern Fishing Approaches
Hawai`i as a global paradigm
Motivations for use?
Implications for the resource?
Interest in conservation?
Prospects for Integrating Traditional Knowledge?
Hawaii’s Rare and Endangered Species
Environmental Threats
Institutional Threats to Hawai`i’s Environment
• Inadequate funding for environmental
protection, scientific research
• Political and industrial pressures favor
development
• Government’s lack of willingness to enforce
the laws
• State economic problems, emphasis on
tourism, mass agriculture, military bases
• Ignorance of importance of native
ecosystems
Garrett Hardin, Tragedy of the Commons (1968)
Fisheries: classic example
U.S. Initiatives
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U.N. International Year of the Ocean
(1998)
National Ocean Conference (June
1998, Monterey, CA)
Clinton directed Cabinet to prepare a
National Ocean Report: “Ocean
Policy and Action for the 21st
Century”
Issued in Sept. 1999: 150
recommendations; 25 key areas
Other Recent Developments
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Oceans Act of 2000, established U.S.
Commission on Ocean Policy (established
Aug. 2000)
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July 2001: Pres. Bush appointed 16 members
of the Commission
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Pew Oceans Commission (report issued in
2002)
US Commission on Ocean Policy (Sept. 2004)
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“Final Report: An Ocean Blueprint
for the 21st Century”
Proposes “new, comprehensive
national ocean policy”
Ch. 19, Achieving Sustainable
Fisheries: “living marine resources
are held in public trust for the
benefit of all U.S. citizens”
Until recently, traditional U.S.
approach to fisheries: “race for fish:
unlimited access for all”
Administrative Structure of the ESA
Fish and Wildlife Service: Land and Freshwater Animals
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Administered by the U.S. Fish & Wildlife Service
(FWS)
Shares responsibility with NOAA
FWS is “under” the U.S. Department of Interior
FWS has other statutory responsibilities, not only
ESA
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Manages National Wildlife Refuges (94 million acres*)
Enforces all wildlife laws
Protects migratory birds
Restores fisheries
Manages wildlife habitat
Provides assistance to other countries
Provides $ to states from taxes on hunting/fishing
equipment
Grey Wolf Pup
7,500 employees; budget is about $2 billion
Chief of the FWS today is Steven Williams
*larger than Italy (=74m acres)
Lake Sturgeon
Administrative Structure of the ESA
Fish and Wildlife Service: Land and Freshwater Animals
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Mammals
Birds
Amphibians
Reptiles
Some Marine Mammals
Insects
Plants
Piping Plover
American Alligator
Happy Face Spider - Hawaii
California Red-Legged Frog
Administrative Structure of the ESA
National Marine Fisheries Service:
Marine Animals and Anadromous Fish
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Coho salmon
National Marine Fisheries Service (NMFS) Office of Protected
Resources
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Under the U.S. National Oceanic & Atmospheric Administration
(NOAA)
NOAA is “under” the U.S. Department of Commerce
Goliath Grouper
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NMFS has other statutory responsibilities, not only ESA
(e.g., Marine Mammal Protection Act)
2500 employees; $360 million budget (NMFS) (1999)
NFMS has responsibility for marine animals and anadromous
fish
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Sea Turtles (when in ocean – while on land, sea turtles are under
FWS jurisdiction)
Marine Fish (spend entire life in salt water)
Anadromous fish (born in fresh water, migrate to the ocean to grow
into adults, and then return to fresh water to spawn) - e.g., salmon
Sharks
Sandtiger, grey nurse shark
Administrative Structure of the ESA
National Marine Fisheries Service:
Marine Animals and Anadromous Fish
– Plants and Invertebrates
Elkhorn Coral
• Coral, Abalone, Sea Grass
– Whales, Dolphins, Porpoises
– Pinnipeds – Seals, Sea Lions
– But: Sea Otters, Polar Bears,
Manatee, Walrus = FWS
Sea Otter
Eastern Spinner Dolphin
Humpback Whales
Steller Sea Lion Bull (1990-T), Alaska
The Summer Flounder Saga
Paralichthys dentatus
( Summer Flounder )
Next class
NRDC v. Daley (2000) – p. 471
– More Summer flounder
AML Int’l v Daley (2000) p. 478
-- Spiny dogfish
Bycatch
Essential Fish Habitat
Ocean Advocacy