Makah Whaling neg brag lab ndi 2014 Topicality t-its



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Gray Whales DA

1NC Gray Whales DA




The plan collapses IWC quotas—destroys the marine environment


Koppelman 10

(Carol B Koppelman is an attorney in Seattle. WA. She received a Juris Doctor, cum laude. in 2009 from Seattle University Law school, and a Master of Public Affairs from the Lyndon B. Johnson School of Public Affairs at the University of Texas, “Anderson v. Evans: the Ninth Circuit Harmonizes Treaty Rights and the Marine Mammal Protection Act,” Hastings West-Northwest Journal of Environmental Law & Policy, Volume 16 Number 1 Winter 2010, Hein Online)//BB



Although most gray whales migrate from Mexico to the Bering and Chukchi Seas each summer, the coastal waters off Washington State attract a group of whales that have taken up residence during the summer It is estimated that about sixty percent of these whales are returning whales"1 These resident whales are recognizable by scientists and whale-watching organizations. The Ninth Circuit panel stated that only a full EIS could fully analyze the impact on whaling on these resident whales.'" If there were outstanding questions that the EA had not answered about the impact on the resident whales that frequent the Strait of Juan de Fuca and the northern Washington coast, an EIS must be prepared.1" The court found that this critical issue was both uncertain and controversial within the meaning of NEPA."4 Moreover, the court found that the EA did not address the impact that the Makah's whaling quota would have on any other IWC countries. The court noted that an EIS is required if a single action establishes a precedent for other actions that could have a cumulative, negative impact on the environment.'" The court held that the purposefully vague language of the IWC quota could allow other countries to set their own subsistence quotas for their aboriginal groups."6 This could lead to an increase in whaling worldwide, which would have a significant impact on the environment."1 The quota that the IWC issued to the United States and Russia was limited to aboriginal groups 'whose traditional aboriginal subsistence needs have been recognized *"* Because it was unclear what body would recognize the aboriginal subsistence needs or under what standards, this uncertainty could open the door for other countries to proclaim the subsistence needs of their own aboriginal groups "9 This in turn would make it easier for these groups to gain approval for whaling.'40 If that resulted in more groups obtaining whaling quotas, it could have a significant impact on the environment.”


The gray whale population is recovering now, but the Pacific is still vulnerable.





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