Legal Bedrock for Rebuilding America's Ocean Ecosystems

Turnipseed, Mary; Crowder, Larry B.; Sagarin, Raphael D.; Roady, Stephen E.

doi:10.1126/science.1170889

Cited by 35 publications

(20 citation statements)

References 4 publications

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“…Catch share programs are but one potential method for improving fisheries management; others include no-take marine reserves and ocean zoning (38,39), ecosystem-based management (40), and adoption of more precautionary policies (41). Identification of robust and effective policies will benefit from further quantitative assessments that examine the combined benefits realized when catch shares are implemented along with other policy tools.…”

Section: Discussionmentioning

confidence: 99%

Ecological indicators display reduced variation in North American catch share fisheries

Essington

2009

Proc. Natl. Acad. Sci. U.S.A.

106

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A growing push to implement catch share fishery programs is based partly on the recognition that they may provide stronger incentives for ecological stewardship than conventional fisheries management. Using data on population status, quota compliance, discard rates, use of habitat-damaging gear, and landings for 15 catch share programs in North America, I tested the hypothesis that catch share systems lead to improved ecological stewardship and status of exploited populations. Impacts of catch share programs were measured through comparisons of fisheries with catch shares to fisheries without catch shares or by comparing fisheries before and after catch shares were implemented. The average levels of most indicators were unaffected by catch share implementation: only discard rate, which declined significantly in catch share fisheries, showed a significant response. However, catch share fisheries were distinguished by markedly reduced interannual variability in all indicators, being statistically significant for exploitation rate, landings, discard rate, and the ratio of catch to catch quotas. These impacts of catch shares were common between nations and ocean basins and were independent of the number of years that catch share programs had been in place. These findings suggest that for the indicators examined, the primary effect of catch shares was greater consistency over time. This enhanced consistency could be beneficial to fishery systems and might also be an indication of more effective management.

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Section: Discussionmentioning

confidence: 99%

Ecological indicators display reduced variation in North American catch share fisheries

Essington

2009

Proc. Natl. Acad. Sci. U.S.A.

106

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“…1). In many near-shore, submerged areas, the public trust doctrine 2 has been adopted and some experts on marine policy contend that it should be adopted for even more areas (Turnipseed et al 2009a). Yet much of the public is unaware of what goes on in the marine environment and remains apathetic regarding its future (Potts et al 2011;Smith and Brennan 2012).…”

Section: A Brief Historymentioning

confidence: 99%

Marine Spatial Planning

Portman

2016

Environmental Planning for Oceans and Coasts

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Much literature has been published in the past decade on marine spatial planning (MSP), a fact which speaks to its evolution as an accepted means for managing activities within maritime boundaries. This chapter defines MSP, gives a brief history of its development, articulates some of its major challenges and reviews literature on the topic -in particular, tools for incorporating an ecosystem approach in the planning process. Three MSP case studies are presented from the US, Portugal and Germany. It is clear from these examples that MSP is a necessary approach that is increasingly engaging planning professionals and is, to a large extent, still evolving. In some contexts, MSP has been described as planning that is "analogous to" land use planning in terrestrial settings (Turnipseed et al. 2009b). Some authors contend that zoning can be done in the oceans as readily as it can be done on land. But can it? And even if it can be done, does that mean it should be? Are ocean zoning and MSP one and the same? These are all good questions addressed in this chapter.

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“…Although the U.S. Supreme Court has unequivocally rejected the notion of a federal public trust doctrine that applies to dry land [60], Turnipseed et al [61] advocate that a federal public trust doctrine could operate as a mechanism for protecting marine resources (e.g., coral reefs) by entrusting federal agencies with managing these trusts for the benefit of all U.S. residents. Achieving this requires a shift in legal interpretation, as the public trust doctrine extends from the common law and has been established only at the state level [61].…”

Section: Federal Public Trust In Territorial Watersmentioning

confidence: 99%

“…Achieving this requires a shift in legal interpretation, as the public trust doctrine extends from the common law and has been established only at the state level [61]. However, there are examples at the state level where the public trust doctrine has been extended to broad-level ecosystem protection [62].…”

Section: Federal Public Trust In Territorial Watersmentioning

confidence: 99%

A Multi-Scalar Examination of Law for Sustainable Ecosystems

et al. 2014

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Abstract:The loss of resilience in social-ecological systems has the capacity to decrease essential ecosystem services, posing threats to human survival. To achieve sustainability, we must not only understand the ecological dynamics of a system, such as coral reefs, but must also promulgate regulations that promote beneficial behavior to address ecological stressors throughout the system. Furthermore, laws should reflect that systems operate at multiple spatial and temporal scales, thus requiring management across traditional legal jurisdictions. In this paper, we conducted a multi-scalar examination of law for sustainable ecosystems and how law pertains to coral reef ecosystems in particular. Findings indicate that, in order to achieve sustainability, we must develop new or reform existing legal mechanisms to protect ecosystems.

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Legal Bedrock for Rebuilding America's Ocean Ecosystems

Cited by 35 publications

References 4 publications

Ecological indicators display reduced variation in North American catch share fisheries

Ecological indicators display reduced variation in North American catch share fisheries

Marine Spatial Planning

A Multi-Scalar Examination of Law for Sustainable Ecosystems

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