Federal fisheries management: A guidebook to the magnuson fishery conservation and management act

in this ambitious text: but it is after all ;I pilot study :md what it proposes is inherently capable of constant dcvelopment and improvement. It does

any

not labour

fortunes.

the extent

to which diffe-

rent objectives

and activities

gender conflict,

nor how the problems

vast. amorphous affairs

which

and dynnmic state of

is the North

must ensure for this book its place

revival

of

the

giving non-money values to the costs and the benefits at stake may be :tddressed. The nature of the Civil Powers presence at sea and its rehtionship with what the authors call the ‘strategic presence needs further elaboration and :malysis: they ;Ire by no means the same beast. Also in specifically dealing with the North Sea its significance for non-North Sea powers striitegy much

for more

activities,

Soviet

instance than

maritime

involves

the

Soviet

in the North

very navy’s

Se:t x

else-

where. It

is the fact that

framework

for

there

thinking

UK’s

in

is now about

;I

this

ulations new

in effect until mid-1984.

section

tionship

Elizabeth Young London, UK

Zone

and addressing the

Supreme

recent

Court

the implica-

(January

the states in offshore

oil development. too, incorporates

revised edition. ‘pan-Pacific‘

fisheries

emphasis.

FISHERIES A

in the western

TO

FISHERY

CONSERVA-

MAGNUSON TION

AND

MANAGE-

MANAGEMENT

veloped.

THE

civil

for violating

and criminal

the warrantleas

ACT

The

Daniel Con-

in US

fisheries

ticularly

Pacific.

nics of the present m:magemcnt

Ocean and Coastal Law Center, University of Oregon Law School, 1985, $5.00 (Copies of this guidebook (ORE%-H-85-001) are available from: Ocean and Coastal Law Center, University of Oregon Law School, Eugene, Oregon 97403, USA

foreign fishing

As

ward

Magnuson

th:lt

I:IW will continue

(parlYX5

thors

of the Act).

have presented

tion in ii loose-leaf convenient

the au-

this revised ediformat

to ‘permit

:md inexpensive

of Guidebook

updating

material’.

The book fills what had been ;I large void in the literature management. clearly

on US

In it.

well

written.

fisheries

Act.

The

book pro-

vidcs ;I guide to the complexities

of the

Magnuson

Act.

orientation.

it will be of maximum

Given

to the commercial the

documented on the Magnu-

in considerable on

appreci:lte. regional

Similarly,

and operations

runs

from

Magnuson

clearly

prepared

and (a

insight. is

nnd draws

working

remains

lessons

:md

i\ not,

As

implied

to be written).

:lbove.

the

book

;L Pilcific

Observers

suffers

north-west

familiar

orientation.

Act elsewhere

know that very significant in the way

implemented country

somewhat

with the operation

of the Magnuson exist

from

what

will

differences

in which it is being

in various

regions of the

and that these differences

fundamental

when

it

comes

of the overall

to

efficacy

;lre

an of

the Act.

;I bias tothe

crept

Pacific in. The

also covers the process by management plans are in a manner that should be

which fisheries

of considerable

lrnalysis

book that :malyses the Magnu\on Act with

evaluation

structure

not

use to newcomers

Treatment As

would

authored

be expected by law school

the treatment

to

the

Magnuson

It

Given

a book

of

researchers.

of the legal aspects of Act

is well

handled.

;I t:tble of contents

th:lt

concludes with an extensive treatment

case

of the complexities

short time since passage. it is essential

zones, Act.

the exclusive

348

com-

of

for

but

this somewhat

such

technical

m:magement

and to

The

although

has obviously

workbook

will

the role of the

are described

workings

these

basis

and their

description

information

can

useful

as the evolution

fisheries

more

lawyer.

use

Council

with

;L day-to-day

councils

the

which

:md in a way

detail

that those not conversant mntters

in

itt least in

The workbook

of the guidebook

prehcnsiveness

topics

practical

fisherman

non-speci;llist

be seen from

its

way

is handled is spelled out

have a

we now

is ;I place to go for

from

system of fisheries wxs created by the

and completely. this

the mecha-

Anti-

in view of the pending

reauthorization

what

main body of the work addres-

ner and Robert Tozer

its name implies,

and

search provision.

ses in ;I very solid fashion edited by John Jacobson,

penalties

the Act’s provisions,

of LJS

cipating that the rapid pace of change

the Pacific north-west.

GUIDEBOOK

with

of the management

son Act and its functioning,

FEDERAL

lW4)

decision on the role of

source of informiltion

MENT:

the Act

The

discussion

Magnuson Act

rela-

Management

(CZMA) of

:md ;1

the

law with

tions

;I new

‘House of Lords, Mansard, 18 February 1976, Col 557. ‘Elizabeth Youna and Brian Johnson. Law of the Sea, Fabian Research Series 313, October 1973, p 42. 3Elizabeth Young and Peter Fricke, Sea Use Planning, Fabian Tract 437, November 1975. The idea had in fact been developed in the Pacem in Maribus proceedings from 1970. 4Michael Breheny and Peter Hall: ‘The strange death of strategic planning and the victory of the know-nothing school’, Built Environment, Vol 10, No 2, 1984, Alexandrine Press, pp 9599.

addressing

of the fishery

Coastal

maritime

may en-

of

needs ex~imin~ition:

Sea which

the

background of extended

passage of

and an overview

economic

zone.

the

plans

(FMPs)

law

that

has

that those wanting workings

This earlier

de-

of the enforcement

the relatively

nings.

of

:lre

procedure.

process, especially its legal underpin-

to the

issues of how fishery

involved

I%-% revised edition updates an (1982)

new discussions

version. of the

ments to the Magnuson

incorporating I983

amend-

Act and reg-

versant

developed

in

to underst:md

of the programme

of the the

be COW

with this aspect as well.

It is hoped that future

large volume

editions

Certainly.

MARINE

the

promise

and updates

for

is kept.

the rate of change in this

POLICY October

1985

field merits that kind of attention. It is also hoped that the authors take the time to extend their excellent beginning. The experience of other regional councils could very usefully be incorporated into future updates. Discussion of fishery management relations with our neighbours, Canada and Mexico, might also be usefully

included in future revisions, with regard to transboundary of interest to US fishermen.

especially fisheries

Bihana Cicin-Sain Department of Political Science University of California Santa Barbara, USA

Marine oil spillage RESTORATION OF HABITATS PACTED BY OIL SPILLS edited by John Buikema

Cairns

and

IM-

Arthur

1984, 182 pp Numerous studies and spills have clearly demonstrated that if there is a long-term problem resulting from marine oil spillage then it will be found in coastal ecosystems - lagoons, beaches, mangrove swamps, and so on. And indeed, long-term residual petroleum hydrocarbons can still be found in sediments that were oiled ten and more years ago. It is this longterm persistence of oil in coastal sediments that was the impetus for this book, edited by John Cairns and Arthur Buikema of the Virginia Polytechnic Institute and State University in Blacksburg, Virginia. On the whole, it is worthwhile having on the shelf as quick reference material despite the near continuous issue of other books and conference proceedings that often contain similar material, and despite certain shortfalls.

Proceedings Thii relatively slim volume in fact represents the proceedings of a small workshop held in Blacksburg on 9-11 November 1981, at which a number of workers and students in the field of environmental contamination presented a series of papers on the recovery and potential restoration of oiled coastal systems. As workshops of this kind go, this one was relatively small and the list of contributors represents only a fraction of those working in this very specialized field of coastal oiling. None the less, the

MARINE

POLICY

October 1985

editors have done a fair job of designing a useful, albeit overly catholic, list of contents - with expected chapters on rocky and sandy shorelines, seagrass ecosystems, saltmarshes and mangroves, and coral reefs, plus one on oiling tundra and taiga, and a brief overview of potential impact on fisheries resources. What about content and substance? As is a common complaint with volumes of this sort, there is always some freshness lost between the time of the writing of the original material (1981) and its eventual publication date (1984). This is perhaps more of a problem in this particular instance because a great deal of research work has been done and was published in those intervening years. Also there is now the recent publication of Oil in the Sea, the voluminous report on the status of oil contamination in the world’s oceans.’ Still, Restoration of Habitats Impacted by Oil Spills forms a useful summary, if used in conjunction with these other publications, in that it addresses a single topic that is of considerable environmental concern. However, readers should note that this is not a detailed rigorously scientific review or assessment. Rather, the authors have provided broad outlines of coastal impact and guidelines for restoring impacted environment Unfortunately not all available literature has been reviewed, and for that reason some of the coverage is a bit sketchy. For example, Chapter I (Shores and beaches) could have benefited from including more materials brought out in the 1978 Oil/ Environment Symposium’ and in the large number of Amoco Cadiz studies.3 On the other hand, Chapter II (Effects on seagrass ecosystems)

goes too far the other way, with a fairly extensive introduction or ‘primer’ on seagrass ecology, presumably as an introduction to the putative impact of oil in these systems, plus an equally extensive discussion on restoration techniques. But, as the authors themselves admit, the effects of oil on seagrass communities are not that well demonstrated or documented, and where damage did occur and was recorded, it was generally minor and short term. Chapter III (Mangroves and marshes) is the best section, at least as it concerns mangroves, probably because it was authored by workers with considerable experience in this particular area. The behaviour and fate/ impact of oil in mangals, and their restoration, is covered well. It is unfortunate and curious that saltmarshes, the temperate counterparts of the tropical mangals, received less shrift - despite there having been learned more about recovery potential of muddy low-energy sediments from oiled saltmarshes than from oiled mangrove. Chapter IV, on oiling impact on coral reefs, is rather brief, probably reflecting the sparseness of data and observations on oiling effects and oil persistence in reef ecosystems, in turn possibly because coral reefs for the most part are probably vulnerable mainly to sub-surface and/or dissolved/dispersed petroleum hydrocarbons.’ Thus impact on reef organisms is expected to be more transient than for mangrove systems, or for that matter in saltmarshes. The average reader will form the impression that rehabilitation of damaged coral reefs is fairly much a state of the art, which of course is not the case. True, coral transplants have been done, and some successfully. But rehabilitation by transplants is as yet far from routine, and in any event is likely to be a time-consuming process.

Anomaly Chapter V, on oiling impact in tundra and taiga, is an anomaly in a volume with for the most part a strong focus on matters marine. However, not to quibble. Nor will this reviewer quibble over the absence of definition of the terms ‘tundra’ and ‘taiga’, neither of 349