Domestic Ocean

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Denise Antolini, Associate ProfessorDirector,
Environmental Law ProgramWilliam S. Richardson
School of LawUniversity of Hawaii at Manoa
NO PHOTOS VERSION

• Domestic Ocean Coastal Law
• Summer School
• July 11, 2005 Lecture 1

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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

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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

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Environmental Law Career

• Environmental Defense Fund
• US Environmental Protection Agency
• Judicial Clerkship, Washington DC
• Sierra Club Legal Defense Fund, Seattle,
  Washington
• Now Earthjustice

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Ocean encounters . . .

• Stellers emergency listing
• Johnston Atoll case for Greenpeace
• Sewage Pollution Cases
• Representing Native Hawaiian Groups
• Pupukea, North Shore, Oahu
• 2002-3 MPA Governance Study for DLNR
• 2003 MPA Legislative Working Group
• 2003-4 Fulbright/Research in Italy
• NRE Essay on MPA Governance
• ABA Marine Resources Committee
• Hui Malama o Pupukea-Waimea
• HRCI CRE Regulatory Review

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Environmental Law ProgramWilliam S. Richardson
School of LawUniversity of Hawaii at Manoa
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Living on the Beach

• Met my husband Ken through a lawsuit involving
  ocean pollution
• We live on the North Shore of Oahu, near famous
  Waimea Pipeline Beaches
• Keiki marine users

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UH Law School Surf Club in Action
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OrientationHawaii the worlds 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 . . . Hawaiis cultural history and
  sustainable practices provide lessons for
  sustainable living

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Hawaiian olelo noeau

• He pakoa kani aina
• a coral reef grows into an island

Kaneohe Bay, Oahu
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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 -gt under-valued ecological
  services
• Threats disease, predation, coastal
  development, alien species, over-harvesting,
  human destruction, pollution, coral bleaching

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Hawaiis Coral Reefs

• Hawaii has most (80?) of US coral reefs
• 25 of Hawaiis reef species are endemic to the
  islands
• 15-18 species of coral (of 62) are endemic
• 24 of shore fish species are endemic

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Hawaiian Culture

• Native Hawaiian culture is deeply rooted in
  nature, spiritual and genealogical
• 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
• Earth and sky are ancestors kalo is a sibling --
  direct kinship with the natural world (not
  trusteeship in Western sense)
• Intimately tied to the ocean arrived by canoe,
  master navigators, fishers, and users of ocean
• Hawaiian life was centered around ocean gathering
  and fishing, sophisticated fishing techniques
  (including hundreds of fishponds, unique among
  Polynesians)

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Traditional Knowledge v. Modern Fishing
ApproachesHawaii as a global paradigm
Motivations for use? Implications for the
resource? Interest in conservation?
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Prospects for Integrating Traditional Knowledge?
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Hawaiis Rare and Endangered Species
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Environmental Threats
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Institutional Threats to Hawaiis Environment

• Inadequate funding for environmental protection,
  scientific research
• Political and industrial pressures favor
  development
• Governments lack of willingness to enforce the
  laws
• State economic problems, emphasis on tourism,
  mass agriculture, military bases
• Ignorance of importance of native ecosystems

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• Garrett Hardin, Tragedy of the Commons (1968)
• Fisheries classic example

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U.S. Initiatives

• 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

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Other Recent Developments

• Oceans Act of 2000, established U.S. Commission
  on Ocean Policy (established Aug. 2000)
• July 2001 Pres. Bush appointed 16 members of the
  Commission
• Pew Oceans Commission (report issued in 2002)

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US Commission on Ocean Policy (Sept. 2004)

• 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

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Administrative Structure of the ESAFish and
Wildlife Service Land and Freshwater Animals

• 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
• 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
• 7,500 employees budget is about 2 billion
• Chief of the FWS today is Steven Williams
• larger than Italy (74m acres)

Grey Wolf Pup
Lake Sturgeon
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Administrative Structure of the ESAFish and
Wildlife Service Land and Freshwater Animals

• Mammals
• Birds
• Amphibians
• Reptiles
• Some Marine Mammals
• Insects
• Plants

Piping Plover
American Alligator
Happy Face Spider - Hawaii
California Red-Legged Frog
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Administrative Structure of the ESANational
Marine Fisheries ServiceMarine Animals and
Anadromous Fish
Coho salmon

• National Marine Fisheries Service (NMFS) Office
  of Protected Resources
• Under the U.S. National Oceanic Atmospheric
  Administration (NOAA)
• NOAA is under the U.S. Department of Commerce
• 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
• 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

Goliath Grouper
Sandtiger, grey nurse shark
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Administrative Structure of the ESANational
Marine Fisheries ServiceMarine Animals and
Anadromous Fish

• Plants and Invertebrates
• Coral, Abalone, Sea Grass
• Whales, Dolphins, Porpoises
• Pinnipeds Seals, Sea Lions
• But Sea Otters, Polar Bears, Manatee, Walrus
  FWS

Elkhorn Coral
Sea Otter
Eastern Spinner Dolphin
Humpback Whales
Steller Sea Lion Bull (1990-T), Alaska
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The Summer Flounder Saga
Paralichthys dentatus ( Summer Flounder )
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Next class

• NRDC v. Daley (2000) p. 471
• More Summer flounder
• AML Intl v Daley (2000) p. 478
• -- Spiny dogfish
• Bycatch
• Essential Fish Habitat
• Ocean Advocacy