Marine Mammals: Related Articles
Author |
Article Name | Summary |
|---|---|---|
| Beyond Humanity: New Frontiers in Animal Law |
ForewordHonourable Senator Murray Sinclair, Senate of Canada i ArticlesBeastly DeadVaughan Black 1 |
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| Alexis Andrews | Overview of the Legal Battle Over the Vaquita | This overview explores the decline of the vaquita (phocoena sinus) population in the Sea of Cortez near Mexico. Vaquitas are the smallest cetacean species in the world with populations that have dwindled to near-extinction in the past twenty years. Vaquitas become entangled in gillnet fishing intended for totoaba fish, a commercially valuable species harvested for their swim bladders that are used in traditional Chinese medicine. While vaquitas receive protection under CITES, the MMPA, and gillnet bans, the lack of enforcement by the Mexican government has become an issue that resulted in several lawsuits by conservation organizations. With as few as ten vaquitas remaining in the wild, it is likely they will not be able to replace their population to outpace the deaths caused by illegal gillnet fishing. |
| Donald C. Baur | RECONCILING POLAR BEAR PROTECTION UNDER UNITED STATES LAWS AND THE INTERNATIONAL AGREEMENT FOR THE CONSERVATION OF POLAR BEARS | This article outlines the history of the international Polar Bear Agreement and the issues arising from its provisions. It also points out inconsistencies between the international agreement and U.S. laws, such as the Marine Mammal Protection Act and the Coastal Zone Management Act, and offers suggestions to reconcile inconsistent provisions. |
| Marla K. Conley | Caring for Dolphins, Otters, and Octopuses: Speciesism in the Regulation of Zoos and Aquariums | Current regulations for zoos and aquariums rely heavily on standards established by industry associations, and the government increasingly expects public display facilities to self-monitor. Unfortunately, the industry associations charged with policing zoos and aquariums lack the enforcement authority necessary to ensure that animals kept in these facilities receive adequate attention or resources. This article argues that marine animals kept in public display facilities, such as zoos and aquariums, should benefit from the same level of regulatory protection as their land-bound counterparts. Even though marine animals demonstrate intellectual abilities equivalent or superior to those of land-bound animals, federal regulations allow facilities to keep marine animals in smaller enclosures with less social contact. This article discusses existing regulations for the following three levels of animals in light of their physical and intellectual needs: dolphins as compared to elephants and nonhuman primates, otters as compared to dogs, and octopuses as compared to hamsters and rabbits. Finally, this article recommends several adjustments to existing regulations for marine animals. |
| Tyler Dewey | Calling off the Hunt: The Morality of Supporting a Ban on Commercial Whaling |
This note examines the current deadlock in the IWC, discusses the shift from conservation towards preservation, and argues for a continuation of the moratorium based on moral and ethical concern for whales as whales. Part I traces the history of whaling and whale regulation. Part II discusses the current regulatory scheme. Part III analyzes the Preservationist position as it concerns whales. It builds from a discussion of the uncertain science concerning whale populations and stock recovery, to a discussion of the pain and suffering inflicted on whales by current whale practices, and finishes by arguing that whales, as unique and intelligent mammals, deserve protection as such. |
| Stephanie Dodson Dougherty | The Marine Mammal Protection Act: Fostering Unjust Captivity Practices Since 1972 | Despite its species management and sustainable population objective, the MMPA suffers from several inherent shortcomings that ultimately impede the policy and conservation goals. These shortcomings include the industry-set standards, fractured agency responsibility, and a lack of regulation, the combination of which leads to the questionable educational value of the display industry and the promulgation of the conservation fallacy. |
| Richard Kirk Eichstaedt | "SAVE THE WHALES" V. "SAVE THE MAKAH": THE MAKAH AND THE STRUGGLE FOR NATIVE WHALING | In 1997, the International Whaling Commission approved a quota for the Makah Indian Tribe to hunt four gray whales per year, culminating years of legal wrangling and political maneuvering by all of the concerned parties. Mr. Eichstaedt examines the history of the Makah whaling rights from the Tribe’s treaty with the United States in 1855 to the present-day battles with Congress and the IWC. This unfolding story pits a species of whale once on the brink of extinction, against Native Americans reasserting a centuries-old custom. |
| Robert Eisenbud | Problems and Prospects for the Pelagic Driftnet |
A direct impact of the pelagic driftnet is the incidental taking of marine mammals. Pelagic driftnet fisheries are conducted by vessels from Japan, Taiwan and the Republic of Korea. The incidental taking of marine mammals within the Fishery Conservation Zone by the Japanese fleet is subject to regulation under the Marine Mammal Protection Act. |
| April Fisher and Amber A. Bell | Did United States v. Hayashi Fail to Provide a Safe Harbor for Marine Mammals Under the Marine Mammal Protection Act? |
This article examines the holding in United States v. Hayashi and concludes that by narrowly defining what constitutes "harm" under the MMPA, the Ninth Circuit ignored the plain meaning of the term, the legislative history of the MMPA and the regulations interpreting the MMPA. Moreover, the Ninth Circuit's holding in Hayashi allows fishermen to harass marine mammals as long as the action does not seriously disrupt normal marine mammal behavior. |
| Robert Howse and Joanna Langille | Permitting Pluralism: The Seal Products Dispute And Why The WTO Should Accept Trade Restrictions Justified By Nonintsrumental Mo |
In response to the 2009 European Union (EU) ban on the import and export of most products made from seals, Canada and Norway, as large producers of seal products, have initiated proceedings against the EU for violating World Trade Organization (WTO) law. The authors of this law review, Robert Howse and Joanna Langille, promote the EU’s position and argue that animal welfare has long been a genuine motivation for legislation. More specifically, the authors of this law review argue that expressions of a community’s moral and spiritual belief are a legitimate basis for trade restriction. |
| Dirk Kempthorne | Endangered Species Act Listing | This press release announces listing polar bears as a threatened species under the Endangered Species Act. |
| Jeffrey S. Kerr, Martina Bernstein, Amanda Schwoerke, Matthew D. Strugar, Jared S. Goodman | A SLAVE BY ANY OTHER NAME IS STILL A SLAVE: THE TILIKUM CASE AND APPLICATION OF THE THIRTEENTH AMENDMENT TO NONHUMAN ANIMALS | On its face, the Thirteenth Amendment outlaws the conditions and practices of slavery and involuntary servitude wherever they may exist in this country—irrespective of the victim’s race, creed, sex, or species. In 2011, People for the Ethical Treatment of Animals, on behalf of five wild-captured orcas, sued SeaWorld for enslaving the orcas in violation of the Thirteenth Amendment. The case presented, for the first time, the question of whether the Thirteenth Amendment’s protections can extend to nonhuman animals. This Article examines the lawsuit’s factual, theoretical, and strategic underpinnings, and argues that the district court’s opinion ultimately dismissing the suit failed to address the critical issues that animated this case of first impression: Who “counts” as a legal person for the purposes of law? Is it time to recognize nonhuman animals as legal persons, based on progressing scientific and normative views? What principles underlie the Thirteenth Amendment? When and how does the application of the Constitution expand? Can the meaning of the Constitution evolve to encompass the interests of nonhuman animals? Drawing on the United States Supreme Court’s long history of evolving constitutional interpretation, this Article presents four theories of constitutional change, under which the meanings of “slavery” and “involuntary servitude” are expansive enough to include nonhuman animals. Despite the district court’s decision, the case can be properly viewed as the first step toward the legal recognition that the Thirteenth Amendment protects the rights of nonhuman animals to be free from bondage. |
| Tom Krepitch | Brief Summary of Whaling | Early in the twentieth century, the technology used in whaling advanced so significantly that the global whale population became threatened. Efforts to decrease the number of whales killed grew after World War II and resulted in a major victory in the 1980s when commercial whaling was banned. However, this ban is still a major source of controversy as Japan continues to kill hundreds of whales each year in the Antarctic under what it calls a scientific whaling exception, but Australia labels as mere cover for a commercial whaling program. |
| Tom Krepitch | Overview of Whaling | In 2010, Australia sued Japan at the International Court of Justice in an effort to force Japan to end its whaling program in the Antarctic. Though commercial whaling was banned in the 1980s, Japan claimed that its program was for scientific purposes and therefore legal. The ICJ sided with Australia, but its ruling left open the possibility that Japan could resume whaling in the future. |
| Tom Krepitch | Detailed Discussion on Whaling | Much of today's discussions about whaling are centered on Japan's program in the Antarctic. While some organizations like Sea Shepherd have taken a direct action approach to ending Japan's hunt, some organizations and countries have pursued legal approaches to doing so. Both approaches have seen some success, but the future of whaling remains uncertain. |
| Matthew Kuipers | Where Have All the Sea Otters Gone? |
This article begins by exploring the biology and habitat of the sea otter. It then discusses the history of human-sea otter interaction, and how the exploitation of otters for fur first led to the need for their protection. The current state of otter protection is analyzed, with specific focus on the Endangered Species Act and the Marine Mammal Protection Act. Finally, solutions for continued otter preservation are explained in conjunction with the major hurdles facing otter populations. |
| Angela Lang | Biological Information for the Whale |
This summary provides a brief examination of the biology of whales, including habitat, reproductive cycles, and feeding. |
| Angela Lang | Detailed Discussion: The Global Protection of Whales |
This discussion of whales focuses on the global protection of whales, beginning with the International Whaling Commission and the problems arising from legally permitted whaling. The second section involves the United States and International laws protecting whales, beginning with the Marine Mammal Protection Act,the Endangered Species Act and Treaty of CITES. The third section involves additional threats to whales, focusing on the problems of fishing nets, pollution, ship collisions, and whale watching and how human actions can have an effect on whale populations. |
| Angela Lang | Overview of International Whaling Commission |
This overview discusses the origin of the International Whaling Commission as a regulatory body to manage the whaling industry. As whale populations decreased in the latter part of the 20th century, the IWC took on the role of conservation, which included the implementation of a moratorium on whaling and the designation of ocean sanctuaries. |
| Angela Lang | Overview of Laws and Regulations Protecting Whales |
This overview summarizes the major federal laws that protect whales on a federal, international, and local level. |
| Ann Linder | Detailed Discussion of Legal Implications of Dolphin and Human Interactions | This article explores recent legal and regulatory issues associated with dolphins both in the wild and in captivity. It pays special attention to areas involving human-dolphin interaction, such as entertainment, research, and therapy. It also explores current regulatory issues in the United States related to both swim-with dolphins encounters. It concludes by examining larger themes drawn from each of these areas. |
| Ann Linder | Brief Summary of Legal Implications of Dolphin and Human Interactions | This brief summary explores some of the ethical and legal issues involved in human-dolphin interactions. |
| Ann Linder | Overview of Legal Implications of Dolphin and Human Interactions |
Human interest in dolphins has grown in recent decades, spurred on by the appearances in film and popular culture as well as new research on dolphin cognition. People have developed a strong affinity for dolphins in part due to their similarities to humans. |
| Sarah R. Morgan | Biological Overview of the Polar Bear |
This article provides a brief biological summary of the polar bear. |
| Sarah R. Morgan | Detailed Discussion of Polar Bears and the Laws Governing Them in the Five Arctic States |
This discussion provides a description of the current threats to polar bears and how the current legislative regimes in Canada, Greenland, Norway, Russia and the the United States respond to these threats. |
| Sarah R. Morgan | Overview of Polar Bears |
This overview explores the laws, both domestic and non-U.S., in place to protect polar bears. It also discusses the current threats to polar bear populations, including climate change, oil and other development, pollution, hunting and self-defense killing, intraspecific predation, tourism in the Arctic, and capture for public display. |
| Sarah R Morgan | Brief Overview of Polar Bears |
This article provides a brief overview of the threats facing polar bears. |
| Brittany J. Mouzourakis | Tilikum’s Splash: Lessons Learned From Animal Rights-Based Litigation Strategies | The animal advocacy movement is divided between those who believe in animal welfare and those who believe in animal rights. Although these two factions of the animal advocacy movement hold the overall goal of making the lives of animals better, practical differences do arise in the way in which these two factions litigate animal issues to achieve this goal. This Note explores Tilikum ex rel. People for the Ethical Treatment of Animals, Inc. v. Sea World Parks & Entertainment, a case in which five orca whales "sued" Sea World for violating their Thirteenth Amendment right to be free from slavery and involuntary servitude. The case received widespread publicity as it was the first time a U.S. federal court had been asked to determine whether the Thirteenth Amendment to the United affords protection to non-humans. The Tilikum case departed from the traditional model of litigating animal issues by utilizing what this Article deems an animal rights-based litigation strategy. This Note first provides an overview of the traditional animal welfare-based model of litigating animal issues. This Note then analyzes the Tilikum litigation strategy to show how it departed from the traditional animal welfare-based model. Additionally, this Note weighs the advantages of both litigation strategies, ultimately recommending that animal advocacy organizations not depart from the animal-welfare based litigation strategies. Finally, this Note explores the theoretical possibility of expanding legal rights to animals based upon the expansion of legal rights to other non-human entities, such as corporations. |
| Mark A. Mullins | A Show of Humanity to Slow Hugh, the Manatee: A Property Rights Proposal for the Sea Cow (with a Brief Consideration for his Friend, the Brown Pelican) |
This paper explores the background of the manatee and the issues the species faces. It then sets forth some of the applicable laws that are currently in place, followed by a consideration of the benefits and shortcomings of those laws. Finally, it reflects on some changes that have been suggested, and, ultimately, introduces a new approach—providing property rights to the West Indian Manatee—with a response to potential criticism in mind. |
| Alana Preston | Eco-Terrorism in the Southern Ocean: A Dangerous Byproduct of the Tangled Web of International Whaling Conventions and Treaties | Utilizing a research exception granted under the international moratorium on commercial whaling imposed by the International Whaling Commission, Japanese whalers have been harvesting endangered whales in the Southern Ocean. The anti-whaling activist group, Sea Shepherd Conservation Society, also operates in the Southern Ocean by locating Japanese whaling vessels in order to bring an immediate halt to all whaling activities, often employing violent tactics designed to injure whaling vessels and property. Sea Shepherd operates under an apparent mandate of the United Nations World Charter for Nature allowing individuals to “[i]mplement the applicable international legal provisions for the conservation of nature and the protection of the environment.” The multitude of vague international conventions and treaties governing the Southern Ocean have therefore created a tangled and confusing web of authority where both Japanese whalers and Sea Shepherd have arguable claims of operating under legitimate legal mandates. In this note, Alana Preston argues that individual countries should enforce their domestic laws to prevent the Japanese from whaling, so private entities, like Sea Shepherd, will not. |
| Adrienne M. Ruffle | Resurrecting the International Whaling Commission: Suggestions to Strengthen the Conservation Effort |
One of the failures of the IWC is the inability to punish infractions. The United States has unilaterally enacted two pieces of legislation intended to augment the enforcement power of the IWC through import and fishing sanctions against countries who violate the regulations set forth by the IWC. These unilateral amendments have failed in the protection of whales. |
| Dick Russell | Tuna Dolphin Wars: Conservationists are Fighting to Save Beleaguered Dolphins from Deadly Tuna Nets |
The article discusses the history of the tuna and dolphin story, beginning with an explanation of the nets and techniques used to catch tuna, the development of laws to protect dolphins, and the dolphin-safe tuna issue. |
| Kristen L. Stewart | DOLPHIN-SAFE TUNA: THE TIDE IS CHANGING | Ms. Stewart reviews the history of the tuna-dolphin controversy in the Eastern Pacific Ocean. She explores international agreements and U.S. law that mandate dolphin-safe tuna fishing practices. Finally, Ms. Stewart reviews the steps taken by the United States, including embargoes against other countries’ tuna, to force tuna-fishing nations to use dolphin-safe practices. |
| Lauren Tierney | Biological Summary of the Dolphin |
This paper gives a brief biological summary of the dolphin. The dolphin is a mammal and member of the Delphinidae family. |
| Lauren Tierney | Biological Overview of Orcas |
This summary contains information on the biology of orcas (killer whales). The social structure of pods is discussed as well as the whale's diet. |
| Lauren Tierney | Detailed Discussion of Dolphin Drive Hunts |
This article discusses the method of dolphin drive hunting, particularly in Japan, and the conventions and agreements that may potentially provide the best protection for dolphins from these hunts. It also discusses the welfare issues surrounding the hunting methods and the Japanese cultural interest in maintaining the hunts. |
| Lauren Tierney | Detailed Discussion of Laws Concerning Orcas in Captivity |
This discussion focuses on the use of orca whales in captivity and the laws and regulations that govern such use. It then analyzes the legal issues these facilities face as a consequence. Specifically, this article examines the application of regulations associated with the Animal Welfare Act, Marine Mammal Protection Act, and the self-regulation of aquatic animal parks and zoos. It then concludes by examining some actual case studies involving captive whales. Finally, the future of orcas in captivity is discussed with both the pros and cons of housing these creatures. |
| Lauren Tierney | Brief Summary of Laws Concerning Orcas in Captivity |
This summary discusses the laws that concern orcas (killer whales) housed in capivity. |
| Joseph J. Urgese | Dolphin Protection and the Marine Mammal Protection Act Have Met Their Match: The General Agreements of Tariffs and Trade |
This article explores the conflict between conservation and the policy of free trade. The author concludes that the Tuna/Dolphin cases represented the inevitable clash between two laudable goals- environmental protection and free-trade. Resolution of this conflict and future conflicts can only come from the incorporation of both of these objectives into one global regime. |
| Bradley Varner | Reviewing The Marine Mammal Protection Act Through a Modern Lens | This paper will focus primarily on examining the Marine Mammal Protection Act and provide a review of its major provisions that were established to protect those species who heavily rely on oceanic and freshwater ecosystems. The first section will outline the original Marine Mammal Protection Act created in 1972 and what pertinent language set the foundation for what is still in play today. The second section will look at the 1994 amendments and revisions to the 1972 Act, looking at the added and clarified language in the face of growing concerns for the Act’s enforcement. The final section frames the current situation of the MMPA. This section will also consider two species, the polar bear and manatee, and relevant MMPA rules for both terrestrial marine mammals and aquatic marine mammals. Scientific studies have explained climate change impacts marine mammals in four tiers, intertwining broad effects with species-specific ones. Over the last 50 years, the MMPA has done wonderful things to protect marine mammals especially when it comes to working in tandem with the 1973 Endangered Species Act. The MMPA has protected population stocks of some of the most important marine mammals but may not be as effective in protecting those species when faced with the rapid development of climate change and subsequent effects on habitats. |
| Andrea Vitalich | HONORABLE DISCHARGE: PAWS v. DEPARTMENT OF THE NAVY | This article explores the implications of Progressive Animal Welfare Society v. Dep't of Navy and presents one possible vision of the National Environmental Protection Act (NEPA) in the area of animal protection. The author begins by examining NEPA and the Progressive case, and what the case may mean for marine mammals. Next, the author considers the possible applications of the Progressive holding to the protection of other animals. Finally, the author concludes that NEPA, through reverse impact studies, remains the best hope for preserving this country's wildlife. |
| Andrea Vitalich | HONORABLE DISCHARGE : PAWS V. DEPARTMENT OF THE NAVY | This article explores the implications of Progressive Animal Welfare Society v. Dep't of Navy and presents one possible vision of the National Environmental Protection Act (NEPA) in the area of animal protection. The author begins by examining NEPA and the Progressive case, and what the case may mean for marine mammals. Next, the author considers the possible applications of the Progressive holding to the protection of other animals. Finally, the author concludes that NEPA, through reverse impact studies, remains the best hope for preserving this country's wildlife. |
| Jamie M. Woolsey | Detailed Discussion of Dolphins Under the MMPA |
This discussion analyzes the historical significance and legislative history of the Marine Mammal Protection Act and the Act's effectiveness in protecting dolphins. Included in the topics are international efforts in dolphin conservation and more recent concerns of human interaction with dolphins. |
| Jamie M. Woolsey | Overview of Dolphins Under the Marine Mammal Protection Act |
This summary provides a brief history behind the adoption of the Marine Mammal Protection Act. It also examines the goals of the Act and current controversies that have arisen due to modern pressures on dolphin populations. |
| Jamie M. Woolsey | Brief Summary of Dolphins Under the Marine Mammal Protection Act |
This overview examines the historical underpinnings behind the passage of the Marine Mammal Protection Act and the application of the Act today. Of primary importance is the high mortality rate of dolphins in the tuna fishery and the continued pressures on dolphins due to harassment of dolphins in the wild. |
| Jamie M. Woolsey | A Survey of Agreements and Federal Legislation Protecting Polar Bears in the United States |
Throughout the past few decades, international concern for polar bear welfare has increased dramatically. The multinational agreements forged for their conservation require significant policing, cooperation, and understanding of the complex ecological and economic considerations surrounding these predators. Woolsey’s article explores the international agreements and measures designed to save both the bears and their critical habitat. |