I was honored to present my take on the Winter v. NRDC case at the Windward Rotary Club meeting two weeks ago, and last week at Professor Denise Antolini’s Domestic Ocean Law class at the University of Hawaii Law School.

My slides are here.

On a related note, Advertiser columnist Jan TenBruggencate has two…

U.S. policymakers are considering action to address concerns about illegal, unregulated and unreported fishing.  The vast expanses of the Pacific Ocean provide many opportunities for fishers who would flout the U.S. Exclusive Economic Zone and harvest ocean resources illegally.

Congress is considering H. R. 1080 (here) which aims to: “To strengthen enforcement mechanisms to stop illegal, unreported, and unregulated fishing, and for other purposes.”  Per the Congressional Research Service, the Act:

Amends specified Acts related to commercial fishing and marine resources, including the High Seas Driftnet Fishing Moratorium Protection Act, the Magnuson-Stevens Fishery Conservation and Management Act, the Pacific Salmon Treaty Act of 1985, the South Pacific Tuna Act of 1988, the High Seas Fishing Compliance Act of 1995, and the Antarctic Marine Living Resources Convention Act of 1984, to provide for increased interagency and international cooperation, as well as for increased penalties for violations of such acts and increased enforcement and inspection authorities relating to driftnet fishing, illegal, unreported, or unregulated fishing, and bycatch of a protected living marine resource.

Requires: (1) the development and publication of a list of vessels engaged in illegal, unreported, or unregulated fishing, including vessels identified by an international fishery management organization or an arrangement made pursuant to an international fishery agreement, whether or not the United States is a party to such organization or agreement; and (2) taking appropriate action against listed vessels.

Authorizes the Secretary of Commerce to establish an international cooperation and assistance program, including grants, to provide assistance for international fishing capacity building efforts.

Rear Admiral Brice-Ohara, Coast Guard Deputy Commandant for Operations, recently provided written testimony () on the bill, in which she stated:

IUU fishing activity is global in reach and adversely affects marine ecosystems by distorting competition and jeopardizing the economic survival of coastal communities that are reliant on local fisheries for their livelihood. IUU fishing negatively affects the marine resources and habitats in both domestic waters and on the high seas, and is conducted by all types of fishing vessels.  The environmental consequences of IUU fishing go well beyond direct damage done to fishing stocks, as IUU fishers are more inclined to disregard management efforts aimed at minimizing destructive fishing and illegal by-catch and discard practices which negatively affect other marine protected species and habitats. These abuses leave fish stocks and their habitats with a smaller margin of resilience to buffer the effects of climate change. The Coast Guard shares the view that deterring and controlling IUU fishing is vital to optimally managing and protecting vital living marine resources and their environments.  

The Coast Guard’s iCommandant blog post highlights some media coverage here.

Side note:  yet again, the Coast Guard noted its support for ratification (long overdue in my opinion) of the U.N. Convention on the Law of the Sea:

One of the fundamental building blocks of this system is the United Nations Law of the Sea Convention.  The United States is not yet a party to the Convention.  Acceding to the Convention is an important step to ensure that we can exercise the necessary leadership in international regime development across the full spectrum of concerns including international fisheries management and conservation. This action will strengthen the position of the United States when negotiating additional agreements and working in international forums to address IUU fishing.

The Hawaii Supreme Court has found the legislative fix to Superferry’s EIS problem to be unconstitutional.  The short version is that the Hawaii Legislature only has the authority, under its Constitution, to enact general laws and not laws the specially benefit one entity. 

The opinion is dense (and warning that the majority opinion is big…

With the news that the Arctic may be increasingly free of ice, there have been several policy statements in recent weeks regarding U.S. policy in the region. 

The day before President Bush left office, he issued a statement regarding U.S. policy in the Arctic (reported in Washington Post here).   The statement was published on the White House website, but appears to be under review.

Per the Commandant of the U.S. Coast Guard's statement:

The retreat of annual sea ice has created new areas of open water where the Coast Guard has statutory responsibilities. The new policy is recognition of changing conditions in the Arctic region and the implications for our Nation. This directive will guide our current operational activities in the region and guide the allocation of current and future resources to meet mission demands.

For some overview materials, here are some resources.  A Coast Guard officer published a great essay on the geo-political and strategic issues in the Arctic region in Joint Forces Quarterly.  Heritage published a report available here.

Definitely one to watch.  The Northwest Passage has been a storied navigational opportunity for centuries.  With transportation costs being driven by increasingly volatile oil prices, shorter navigational routes are in high demand.   Sending commercial ships to the Arctic seems inevitable, so the international community should tackle the policy issues sooner rather than later.

A bill, HR 21 (download bill), has been introduced calling for a National Ocean Policy with requirements for a Commission, comprehensive planning and even a postage stamp.

Per the bill:

The purpose of this Act is to secure, for present and future generations of people of the United States, the full range of ecological, economic, educational, social, cultural, nutritional, and recreational benefits of healthy marine ecosystems, by—

(1) establishing and implementing a National Ocean Policy;

(2) promoting ecologically sustainable ocean resource use and management by strengthening and empowering ocean governance on regional and Federal levels;

(3) promoting ecosystem-based approaches to management of United States ocean waters, coastal waters, and ocean resources; and

(4) establishing an ocean and Great Lakes conservation trust fund to support the purposes and policies of this Act.

Certainly one to watch during the upcoming Congressional session.

A bill, H.R. 51 (download here), was introduced in the U.S. House of Representatives that would require the Fish and Wildlife Service to study the impacts of harvesting asian carp in the Great Lakes.

The bill’s purpose is:

To direct the Director of the United States Fish and Wildlife Service to conduct a study of the feasibility of a variety of approaches to eradicating Asian carp from the Great Lakes and their tributary and connecting waters.

Between electrified fences, posted here, and now harvesting, the federal and several state governments are exploring all options to eradicate this potent threat to the Great Lakes ecosystem.

Pacific Business News reported that the Cape Wind Environmental Impact Statement was released today. 

The federal Minerals Management Service does have the EIS available for review, here.

This project and its handling by the federal and state governments, along with community groups, industry and the environmental groups, will be a benchmark for the possible…

Hawaiireporter notes that the OMI v. Gates case has settled, and court pleadings (stipulation to dismiss, Order of Dismissal, and Final Judgment ) prove it.

The settlement was likely based on two reasons:  1) the Winter v. NRDC decision from the U.S. Supreme Court and 2) the National Marine Fisheries Service issuance of…