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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 • Environmental Defense Fund • US Environmental Protection Agency • Judicial Clerkship, Washington DC • Sierra Club Legal Defense Fund, Seattle, Washington – Now Earthjustice Ocean encounters . . . • • • • • • • • • • • • 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 • 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) 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 • • • • 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 • 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) 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” Administrative Structure of the ESA Fish 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 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 • • • • • • • 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 • 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 Goliath Grouper • • • 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 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
