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Browsing Open Access Journals by Author "Abate, Randall S."

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    Oregon Law Review : Vol. 88 No. 1, p.225-310 : Marine Protected Areas as a Mechanism to Promote Marine Mammal Conservation: International and Comparative Law Lessons for the United States
    (University of Oregon Law School, 2009) Abate, Randall S.
    Part I of this Article discusses the role of Marine Protected Areas as a viable strategy to enhance protection of marine mammals in U.S. waters. It examines the synergy between marine mammal conservation goals and the promotion of biodiversity protection, recreation, and tourism. Part I also examines how enhanced use of MPAs for marine mammal protection can be readily harmonized with existing federal regulatory schemes that govern marine mammals to achieve a “win-win” outcome. Part II addresses common failures of MPAs, such as the need to address flaws in MPA objectives, monitoring, and enforcement measures, and how the lack of a national system of MPAs can undermine the need to promote the objectives of MPAs in a consistent and comprehensive manner. Part III considers how other countries, most notably New Zealand and Spain, are taking leadership roles in establishing more effective marine mammal conservation measures within their MPAs. It examines how Spain has done particularly well in its monitoring efforts, whereas New Zealand has excelled in developing and implementing an effective national system of MPAs. Part IV addresses international law regulatory strategies in the fisheries management and carbon trading contexts to advocate for both enhanced international cooperation and regional implementation and enforcement of MPAs. Part V identifies the shortcomings of the existing MPA system in the United States. It then offers recommendations for how MPAs in the United States can be used more effectively to promote marine mammal protection in U.S. waters and beyond, which will enable the United States to become a more significant part of the solution to this international crisis.