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Author
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Article Name
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Summary
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Rachelle Adam
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THE JAPANESE DOLPHIN HUNTS: IN QUEST OF INTERNATIONAL LEGAL PROTECTION FOR SMALL CETACEANS
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This article sets out to explore the international legal status of those dolphins targeted by the Japanese drive hunts. It is estimated that over 2,500 small cetaceans—dolphins, porpoises, and small whales—will be killed as a result of the drive hunt, out of a total of over twenty thousand killed annually in Japan by direct catch. Since humans have literally pushed dolphins to the brink of extinction, humans have an ethical duty to stop the cruelty perpetrated against them and to ensure the survival of their species. This ethical duty should be turned into an international legal duty, with a correlated legal right for dolphins to international protection.
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Marla K. Conley
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CARING FOR DOLPHINS, OTTERS, AND OCTOPUSES: SPECIESISM IN THE REGULATION OF ZOOS AND AQUARIUMS
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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.
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Tyler Dewey
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CALLING OFF THE HUNT: THE MORALITY OF SUPPORTING A BAN ON COMMERCIAL WHALING
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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.
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Russell C. D’Costa
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REPARATIONS AS A BASIS FOR THE MAKAH’S RIGHT TO WHALE
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The grant of whaling rights to the Makah Native-American tribe may be interpreted as a form of reparations owed to the tribe from the United Stated government. History details the many wrongs inflicted on the Makah by the government, and these wrongs therefore serve as the basis for reparations. Considered first is a brief review of recent attempts by the federal government to compensate Native Americans for past wrongs. Next, an examination of the history and culture of the Makah tribe provides a greater understanding of the significance of whaling to the Makah. The essay then expounds on why permitting the tribe to engage in whaling is an acceptable form of reparations. Finally, arguments against the Makah’s whaling are also examined and critiqued.
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Robert Eisenbud
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Problems and Prospects for the Pelagic Driftnet
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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.
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April Fisher, Amber A. Bell
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Did United States v. Hayashi Fail to Provide a Safe Harbor for Marine Mammals Under the Marine Mammal Protection Act?
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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.
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Brian Trevor Hodges
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The Cracking Facade of the International Whaling Commission as an Institution of International Law: Norwegian Small-Type Whaling and the Aboriginal Subsistence Exemption
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This article discusses the fact that the International Whaling Commission has not expressly recognized the Makah tribe's aboriginal subsistence need, and instead has intentionally left the issue ambiguous. The only viable reason for the IWC to deny the Norwegians a quota under the same exemption is the "aboriginal" requirement. The IWC should clarify the legal ambiguities regarding the right to harvest whales, and it should grant subsistence right to Norwegian coastal fishermen.
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CYNTHIA HODGES, J.D., LL.M, M.A.
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THE CANADIAN COMMERCIAL SEAL HUNT: IN SEARCH OF INTERNATIONAL LEGAL PROTECTION FOR HARP SEALS
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This paper considers several sources of international law as potential candidates to protect harp seals from cruelty and over-exploitation. Part I of this paper discusses the Canadian Marine Mammal Regulations, which are the legal-regulatory structure under which the hunt takes place. Part II describes the range and status of the main species targeted in the commercial seal hunt, namely, the harp seals. Part III reviews several several sources of international law as potential candidates to protect and conserve the targeted harp seals. This paper concludes that the Convention on International Trade in Endangered Species of Wild Fauna and Flora(CITES) is the most likely candidate to protect harp seals from unsustainable trade, and that they should be listed as a protected species under Appendix II.
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Matthew Kuipers
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Where Have All the Sea Otters Gone?
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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.
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Angela Lang
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Overview of International Whaling Commission
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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.
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Angela Lang
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Detailed Discussion: The Global Protection of Whales
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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.
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Angela Lang
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Overview of Laws and Regulations Protecting Whales
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This overview summarizes the major federal laws that protect whales on a federal, international, and local level.
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Angela Lang
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Whale Biological Information
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This summary provides a brief examination of the biology of whales, including habitat, reproductive cycles, and feeding.
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David S. Lessoff
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Jonah Swallows the Whale: An Examination of American and International Failures To Adequately Protect Whales From Impending Extinction
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This article discusses the various loopholes within the IWC that have rendered the Commission's regulations and imposition of quotas meaningless. The IWC's inability to impose penalties against nations has not curtailed harvesting of whales in excess of IWC quotas and, as a result, whale stocks continue to plummet throughout the world.
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Anthony L.I. Moffa
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TWO COMPETING MODELS OF ACTIVISM, ONE GOAL: A CASE STUDY OF ANTI-WHALING CAMPAIGNS IN THE SOUTHERN OCEAN
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This Comment is divided into four parts. Part I will describe the problem presented by international whaling and provide a historical context of the industry, its relatively recent regulation, and specific actions concerning Japanese whaling in the Southern Ocean. Parts II and III will draw on this case study to illustrate the competing models of activism--protest and interventionist--and highlight the demonstrated advantages of and drawbacks to each. Part IV will lend insight into the implications of permitting each model.
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Sarah Morgan
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Brief Overview of Polar Bears
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This article provides a brief overview of the threats facing polar bears.
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Sarah Rachel Morgan
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Polar Bears and the Laws Governing Them in the Five Arctic States
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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.
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Sarah R. Morgan
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Overview of Polar Bears
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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.
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Sarah R. Morgan
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Biological Overview of the Polar Bear
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This article provides a brief biological summary of the polar bear.
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Mark A. Mullins
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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)
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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.
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Center for Wildlife Law, Ruth Musgrave
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Federal Wildlife Law of the 20th Century
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This Chapter provides a review of the political, legislative and judicial trends which have shaped the formation of the "tangle" of federal wildlife and related environmental laws, from the early 1900s to the present.
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Laura Navarro
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WHAT ABOUT THE POLAR BEARS? THE FUTURE OF THE POLAR BEARS AS PREDICTED BY A SURVEY OF SUCCESS UNDER THE ENDANGERED SPECIES ACT
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The proposed listing of polar bears raises questions about what that listing might mean for the polar bears as a species, and how successful conservation efforts will or can be. This Comment explores these and other questions implicated by the proposed listing of polar bears as an endangered species under the Act.
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Alana R. Rubin
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Rock The Boat: The Plight of the Southern Bluefin Tuna
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This paper examines what makes a Bluefin Tuna unique both scientifically and as an economic commodity. Further, the paper analyzes the current international laws and actions taken to address Southern Bluefin Tuna’s seemingly imminent extinction. The paper concludes by recognizing that while these efforts encouraged conservation, more government enforcement and leadership is needed to ensure the survival of Southern Bluefin Tuna.
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Adrienne M. Ruffle
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Resurrecting the International Whaling Commission: Suggestions to Strengthen the Conservation Effort
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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.
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Dick Russell
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Tuna Dolphin Wars: Conservationists are Fighting to Save Beleaguered Dolphins from Deadly Tuna Nets
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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.
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Lauren Tierney
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Overview of Laws Concerning Orcas in Captivity
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This overview discusses the laws concerning orcas in captivity. In particular, the application of both the MMPA and AWA are analyzed.
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Lauren Tierney
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Quick Summary of Laws Concerning Orcas in Captivity
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This summary discusses the laws that concern orcas (killer whales) housed in capivity.
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Lauren Tierney
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Biological Overview of Orcas
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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.
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Lauren Tierney
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Detailed Discussion of Dolphin Drive Hunts
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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.
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Lauren Tierney
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Detailed Discussion of Laws Concerning Orcas in Captivity
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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.
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Lauren Tierney
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Biological Summary of the Dolphin
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This paper gives a brief biological summary of the dolphin. The dolphin is a mammal and member of the Delphinidae family.
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Joseph J. Urgese
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Dolphin Protection and the Marine Mammal Protection Act Have Met Their Match: The General Agreements of Tariffs and Trade
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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.
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Jamie M. Woolsey
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Overview of Dolphins Under the Marine Mammal Protection Act
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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.
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Jamie M. Woolsey
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Detailed Discussion of Dolphins Under the MMPA
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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.
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JAMIE M. WOOLSEY
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A SURVEY OF AGREEMENTS AND FEDERAL LEGISLATION PROTECTING POLAR BEARS IN THE UNITED STATES
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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.
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Jamie M. Woolsey
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Quick Overview of Dolphins Under the Marine Mammal Protection Act
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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.
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