The Silver Anniversary of the United States’ Exclusive Economic Zone: Twenty-Five Years of Ocean Use and Abuse, and the Possibility of a Blue Water Public Trust Doctrine

Sustainably managing marine ecosystems has proved nearly impossible, with few success stories. Ecosystem management failures largely stem from the traditional sector-by-sector, issue-by-issue approach to managing ocean-borne activities—an approach that is fundamentally unable to keep pace with the dynamics of coupled human, ecologi cal and oceanographic systems. In the United States today there are over twenty federal agencies and thirty-five coastal states and territories operating under dozens of statutory authorities shaping coastal and ocean policy. Among marine ecologists and policy experts there is an emerging consensus that a major overhaul in U.S. ocean governance is necessary. This Article suggests that the public trust doctrine—an ancient legal concept that is already incorporated in U.S. state coastal laws—can uniquely provide a unifying concept for U.S. federal ocean governance. Though the public trust concept can be located in the legal systems of many countries, it robustly manifests in the United States, where it has historically protected the public’s rights to fishing, navigation, and commerce in and over navigable waterways and tidal waters. In its most basic form, the doctrine obliges governments to manage common natural resources, the body of the trust, in the best interest of their citizens, the beneficiaries of the trust. Today the public trust doctrin e is integral to the protection of coastal ecosystems and beach access in many states and has even made its way into state constitutions. It would be simple, and seemingly logical, to assume that the same fiduciary responsibility of states to protect public trust uses of their waters extends to all marine resources within the United States’ 200-mile Exclusive Economic Zone (EEZ). However an artificial line has been drawn around state waters, and the legal authority and responsibility of the U.S. government to protect public trust resources in the vast space of its EEZ (the largest of any country on earth) have never been fully and expressly established. Securing the place of the public trust doctrine in U.S. federal oceans management would be valuable, given the immense pressure to exploit EEZ resources, the failure of the current regulatory approach, improved scientific understanding of the interconnected nature of ocean ecosystems, and the growing demand for sustainable management of ocean resources. This Article will outline the development of states’ public trust doctrines; discuss the expansion of U.S. sovereignty over its neighboring ocean waters during the twentieth century; analyze possible avenues for expanding the doctrine to federal waters; and consider how a federal public trust doctrine could clarify some specific emerging issues in U.S. oceans management. At the heart of our analysis lie three questions: (1) does a federal public trust doctrine exist; (2) if so, can we rightfully extend it to include the entirety of the U.S. ocean waters; and (3) could the doctrine provide the missing catalyst for federal agencies to manage the use of U.S. ocean resources in a coordinated, sustainable fashion

Bringing Molecular Tools into Environmental Resource Management: Untangling the Molecules to Policy Pathway

New advances in molecular biology can be invaluable tools in resource management, but they are best incorporated through a collaborative process with managers who understand the most pressing questions, practical limitations, and political constraints

Natural Security for a Variable and Risk-Filled World

This article appeared in Homeland Security Affairs (September 2010), v.6 no.3The twenty-first-century faces a range of severe threats to security including conflicts with non-state actors, emerging diseases, natural disasters, cyber-attacks, and climate change. This diverse set of problems would benefit from a common solution framework that can illuminate their root causes and be applied broadly to security analysis and practice. One such framework is evolutionary biology. 3.5 billion years of biological evolution have led to an enormous variety of security solutions that nonetheless share a key commonality: natural security is adaptable. Organisms in nature achieve adaptability through a decentralized organization where threats are detected and responded to peripherally, by managing uncertainty and turning it to their advantage, and by extending their adaptive capacity through symbiotic partnerships. This essay demonstrates how the basic tenets and many of the specific strategies of natural security systems can be applied to the analysis, planning and practice of security in human society. A case study from the IED attacks against U.S. forces in Iraq and Afghanistan is used to show how organizational structure, uncertainty, and symbiotic relationships all play a role in both creating and ameliorating security threats.Approved for public release; distribution is unlimited

The promise and pitfalls of Marine Stewardship Council certification: Maine lobster as a case study

As worldwide population continues to grow, so does demand for seafood by consumers. With this trend, interest in sustainably certified seafood is also increasing. The Maine lobster fishery is currently considering certification based on the Marine Stewardship Council (MSC) standard for sustainable and well-managed fisheries. Although certification is argued to provide a market-based incentive to improve sustainable fishing practices, it is a costly and time-consuming process, and often imposes additional requirements on fisheries in order to meet certification standards. To evaluate whether the costs of Maine lobster fishery certification are worth the presumed benefits, lobster industry members were interviewed to learn their opinions of MSC certification, seafood consumers were surveyed to understand their attitudes and purchasing preferences related to lobster, and lessons learned from other MSC-certified fisheries were compiled. MSC certification of the Maine lobster fishery could potentially provide benefits to the industry by differentiating Maine lobster and maintaining access to markets that are looking to exclusively source certified fish products. However, certification is unlikely to provide price premiums for the fishermen, and does not necessarily represent to consumers the most desirable aspects of Maine lobster. Certification programs may need to adapt to consumer preferences and market conditions if they are to continue to provide incentives for the sustainable management of fisheries.Sustainable fisheries Ecolabeling Lobster Seafood marketing Marine Stewardship Council

The Silver Anniversary of the United States’ Exclusive Economic Zone: Twenty-Five Years of Ocean Use and Abuse, and the Possibility of a Blue Water Public Trust Doctrine

Sustainably managing marine ecosystems has proved nearly impossible, with few success stories. Ecosystem management failures largely stem from the traditional sector-by-sector, issue-by-issue approach to managing ocean-borne activities—an approach that is fundamentally unable to keep pace with the dynamics of coupled human, ecologi cal and oceanographic systems. In the United States today there are over twenty federal agencies and thirty-five coastal states and territories operating under dozens of statutory authorities shaping coastal and ocean policy. Among marine ecologists and policy experts there is an emerging consensus that a major overhaul in U.S. ocean governance is necessary. This Article suggests that the public trust doctrine—an ancient legal concept that is already incorporated in U.S. state coastal laws—can uniquely provide a unifying concept for U.S. federal ocean governance. Though the public trust concept can be located in the legal systems of many countries, it robustly manifests in the United States, where it has historically protected the public’s rights to fishing, navigation, and commerce in and over navigable waterways and tidal waters. In its most basic form, the doctrine obliges governments to manage common natural resources, the body of the trust, in the best interest of their citizens, the beneficiaries of the trust. Today the public trust doctrin e is integral to the protection of coastal ecosystems and beach access in many states and has even made its way into state constitutions. It would be simple, and seemingly logical, to assume that the same fiduciary responsibility of states to protect public trust uses of their waters extends to all marine resources within the United States’ 200-mile Exclusive Economic Zone (EEZ). However an artificial line has been drawn around state waters, and the legal authority and responsibility of the U.S. government to protect public trust resources in the vast space of its EEZ (the largest of any country on earth) have never been fully and expressly established. Securing the place of the public trust doctrine in U.S. federal oceans management would be valuable, given the immense pressure to exploit EEZ resources, the failure of the current regulatory approach, improved scientific understanding of the interconnected nature of ocean ecosystems, and the growing demand for sustainable management of ocean resources. This Article will outline the development of states’ public trust doctrines; discuss the expansion of U.S. sovereignty over its neighboring ocean waters during the twentieth century; analyze possible avenues for expanding the doctrine to federal waters; and consider how a federal public trust doctrine could clarify some specific emerging issues in U.S. oceans management. At the heart of our analysis lie three questions: (1) does a federal public trust doctrine exist; (2) if so, can we rightfully extend it to include the entirety of the U.S. ocean waters; and (3) could the doctrine provide the missing catalyst for federal agencies to manage the use of U.S. ocean resources in a coordinated, sustainable fashion

The Peacock's Tale: Lessons from evolution for effective signaling in international politics

Knowing how to send and interpret signals is an essential part of both diplomacy and war. Political scientists have recognized that costly signals—gestures and actions that involve significant cost or risk—are central to politics and diplomacy since modeling doyen James Fearon built his Ph. D. thesis around the concept in the 1990s. Because these signaling systems are pervasive in nature (many of these strategies arise independently and repeatedly to solve common problems suggesting evolutionary pressure to select strategies offering the most success at the least cost), their underlying strategic logic has important implications to foreign policy challenges we face today. By capitalizing on solutions derived by evolution over 3. 5 billion years of life on Earth, we may identify ideas that otherwise might not have been explored in a policy context potentially offering quick, novel, and effective options to increase strategic and combat effectiveness. Here we present 8 lessons from evolution for political science.supported by the National Center for Ecological Analysis and Synthesis, and the Office of Naval Research-Globa

Social Evolution Forum: The Peacock's Tale Lessons from Evolution for Effective Signaling in International Politics

Knowing how to send and interpret signals is an essential part of both diplomacy and war. Political scientists have recognized that costly signals— gestures and actions that involve significant cost or risk—are central to politics and diplomacy since modeling doyen James Fearon built his Ph. D. thesis around the concept in the 1990s. Because these signaling systems are pervasive in nature (many of these strategies arise independently and repeatedly to solve common problems suggesting evolutionary pressure to select strategies offering the most success at the least cost), their underlying strategic logic has important implications to foreign policy challenges we face today. By capitalizing on solutions derived by evolution over 3. 5 billion years of life on Earth, we may identify ideas that otherwise might not have been explored in a policy context potentially offering quick, novel, and effective options to increase strategic and combat effectiveness. Here we present 8 lessons from evolution for political science

Consistent Frequency of Color Morphs in the Sea Star Pisaster ochraceus (Echinodermata: Asteriidae) across Open-Coast Habitats in the Northeastern Pacific.

v. ill. 23 cm.QuarterlyRaimondi PT, Sagarin RD, Ambrose RF, Bel C, George M, Lee SF, Lohse D, Miner CM, Murray SN. Consistent Frequency of Color Morphs in the Sea Star Pisaster ochraceus (Echinodermata: Asteriidae) across Open-Coast Habitats in the Northeastern Pacific. Pac Sci 61(2): 201-210

The Peacock’s Tale: Lessons from Evolution for Effective Signaling in International Politics

This is a Focus Article with Commentaries that was published on the Social Evolution Foru