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Are Marine National Monuments Better than National Marine Sanctuaries? U.S. Ocean Policy, Marine Protected Areas, and the Northwest Hawaiian Islands


Robin Kundis Craig


University of Utah S.J. Quinney College of Law


Sustainable Development Law & Policy, Vol. 81, pp. 27-31, Fall 2006
FSU College of Law, Public Law Research Paper No. 225

Abstract:     
Since at least the 1996 Sustainable Fisheries Act amendments to the Magnuson-Stevens Fisheries Conservation and Management Act, the United States has, at least nominally, been pursuing a policy of sustainable management of fisheries. Nevertheless, concerns about the status of marine fisheries remain, and both the Pew Oceans Commission (2003) and the U.S. Commission on Ocean Policy (2004) recommended that the United States use more marine protected areas and marine reserves to restore these fisheries and better maintain sustainable harvests.

A variety of legal mechanisms exist in federal law to establish marine protected areas. This article provides an initial instrument choice analysis of these various legal vehicles for establishing marine protected areas and marine reserves in the United States, using the history of the protection of Northwestern Hawaiian Islands coral reef ecosystem as an illustration of the advantages and disadvantages of each. The article concludes that, if the United States decides to establish a national system of marine protected areas to enhance the sustainability of its marine fisheries, legislation that incorporates some of the advantages of the Antiquities Act may be an appropriate choice.

Number of Pages in PDF File: 7

Keywords: sustainable development, sustainable, sustainability, fishery, fisheries, marine protected area, marine reserve, MPA, marine national monument, Northwestern Hawaiian Islands, Antiquities Act, Magnuson-Stevens, executive order, Marine Protection Research and Sanctuaries Act, national marine sanctuary

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Date posted: October 27, 2006  

Suggested Citation

Craig, Robin Kundis, Are Marine National Monuments Better than National Marine Sanctuaries? U.S. Ocean Policy, Marine Protected Areas, and the Northwest Hawaiian Islands. Sustainable Development Law & Policy, Vol. 81, pp. 27-31, Fall 2006; FSU College of Law, Public Law Research Paper No. 225. Available at SSRN: http://ssrn.com/abstract=940614

Contact Information

Robin Kundis Craig (Contact Author)
University of Utah S.J. Quinney College of Law ( email )
332 S. 1400 East Front
Salt Lake City, UT 84112-0730
United States

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