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The United States’ Application of Precaution in Managing Living Marine Resources

The United States’ Application of Precaution in Managing Living Marine Resources <jats:sec><jats:title>Abstract</jats:title><jats:p>This article surveys the application of “precaution” by the United States (US) in its management of living marine resources. The US has not yet implemented the precautionary principle into its environmental legislation, but regulators, courts, and agencies often rely on precautionary approaches in applying the legislation. An overview of precaution, its background and a description of the many forms it can take is presented first, followed by an overview of the major US federal legislation intended to protect living marine resources, how regulators, courts and agencies apply precautionary approaches in applying the legislation and how federal rules allow individual states to manage living marine resources. A sampling of states and regional state alliances that have applied precautionary approaches is provided and finally a unique international agreement that applies precaution in managing the waters of the Great Lakes is assessed.</jats:p> </jats:sec> http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The International Journal of Marine and Coastal Law Brill

The United States’ Application of Precaution in Managing Living Marine Resources

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Publisher
Brill
Copyright
© 2011 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0927-3522
eISSN
1571-8085
DOI
10.1163/157180811X598718
Publisher site
See Article on Publisher Site

Abstract

<jats:sec><jats:title>Abstract</jats:title><jats:p>This article surveys the application of “precaution” by the United States (US) in its management of living marine resources. The US has not yet implemented the precautionary principle into its environmental legislation, but regulators, courts, and agencies often rely on precautionary approaches in applying the legislation. An overview of precaution, its background and a description of the many forms it can take is presented first, followed by an overview of the major US federal legislation intended to protect living marine resources, how regulators, courts and agencies apply precautionary approaches in applying the legislation and how federal rules allow individual states to manage living marine resources. A sampling of states and regional state alliances that have applied precautionary approaches is provided and finally a unique international agreement that applies precaution in managing the waters of the Great Lakes is assessed.</jats:p> </jats:sec>

Journal

The International Journal of Marine and Coastal LawBrill

Published: Jan 1, 2011

Keywords: precautionary principle; United States ocean management; living marine resources management; Great Lakes; precautionary approach

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