Coast to Coast (and everything in between)

An historic declaration laying the foundation for regional collaboration in the Great Lakes was signed on December 3, 2004. Dozens of officials from federal, state, tribal, and local agencies and organizations pledged their “support for the development of a widely understood and broadly supported strategy including actions to further protect and restore the Great Lakes ecosystem through the Great Lakes Regional Collaboration process.” The Great Lakes Regional Collaboration is the result of a May 18, 2004 Executive Order. A regional plan is due by June 2005 and a final strategy by the end of the year. While the signing of the Declaration is a significant step towards coordination in the region, its implementation could be hindered due to lack of funding. No funds have yet been earmarked to support the Collaboration, a situation which may very well spell its doom.

On December 17, President Bush signed Executive Order 13366 establishing the Committee on Ocean Policy. As part of the Council on Environmental Quality, the Committee will provide advice on the establishment and implementation of ocean policies, obtain and disseminate information on ocean-related matters, review and provide advice on policies proposed by federal agencies, facilitate implementation of common principles and goals, and ensure the coordinated implementation of the ocean component of the Global Earth Observation System. The President’s Ocean Action Plan was released at the same time. For more information or to download the Plan, please visit the President’s Interagency Ocean Policy Group’s website at http://ocean.ceq.gov/ .

In September, a federal appeals court ruled that the Navy need not consider the impact an accidental missile explosion might have on protected salmon in Hood Canal in Washington State. A coalition of environmental and antiwar groups argued that, prior to updating its fleet of Trident nuclear submarines, the National Environmental Policy Act (NEPA) and the Endangered Species Act required the Navy to determine the possible impacts of an explosion which could cause the release of radioactive material into the environment. A district court dismissed the groups’ claims in 2002. The Ninth Circuit Court of Appeals affirmed the district court ruling finding that the upgrade had been ordered by President Clinton and was not subject to NEPA. Furthermore, the court stated that federal agencies do not have to prepare environmental assessments for unlikely occurrences.

Around the Globe
On December 18, 2004, the International Tribunal for the Law of the Sea ordered the prompt release of the Juno Trader. Guinea-Bissau claimed the Juno Trader, which flies the flag of Saint Vincent and the Grenadines, had been illegally fishing in the Guinea-Bissau EEZ approximately 40 miles from the coast. After a bit of a chase and some gunfire, officials from Guinea-Bissau boarded the vessel and detained its master and crew. Despite the fact that the owners of the Juno Trader paid Guinea-Bissau EUR 50,000 for the return of the vessel and the crew in November 2004, the Fisheries Commission of Guinea-Bissau claimed the ownership of the vessel had reverted to the state for failure to pay the fine imposed on October 19, 2004. Saint Vincent and the Grenadines claimed the conditions set by Guinea-Bissau for the release of the Juno Trader and its crew violated Article 73 of the Convention. The Tribunal ordered the prompt release of the Juno Trader and its crew upon the posting of a EUR 300,000 bond because, among other reasons, Guinea-Bissau had not asked for a bond or informed Saint Vincent and the Grenadines that the bond it did post was insufficient.