Fish as Pollutants: Limitations of and Crosscurrents in Law, Science, Management, and Policy
When we think of pollutants, we either consciously or unconsciously draw a bright line between pollutants and what might be called "natural." That which is natural cannot be a pollutant; that which is a pollutant cannot be natural. It seems odd to speak of live fish as pollutants, as odd a...
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ftuwashingtonsl:oai:digitalcommons.law.uw.edu:wlr-4423 2023-06-11T04:10:17+02:00 Fish as Pollutants: Limitations of and Crosscurrents in Law, Science, Management, and Policy Firestone, Jeremy Barber, Robert 2003-08-01T07:00:00Z application/pdf https://digitalcommons.law.uw.edu/wlr/vol78/iss3/3 https://digitalcommons.law.uw.edu/context/wlr/article/4423/viewcontent/fis.pdf unknown UW Law Digital Commons https://digitalcommons.law.uw.edu/wlr/vol78/iss3/3 https://digitalcommons.law.uw.edu/context/wlr/article/4423/viewcontent/fis.pdf Washington Law Review Environmental Law text 2003 ftuwashingtonsl 2023-05-07T17:37:13Z When we think of pollutants, we either consciously or unconsciously draw a bright line between pollutants and what might be called "natural." That which is natural cannot be a pollutant; that which is a pollutant cannot be natural. It seems odd to speak of live fish as pollutants, as odd as it would be to speak of dioxins as natural. Nevertheless, the traditional definition of fish as natural may be fading as our awareness of the adverse environmental effects of accidental or poorly planned fish introductions increases. Along these lines, a federal court recently found that non-native Atlantic salmon that escape from their pens are "pollutants" within the meaning of the Clean Water Act. Because wild Atlantic salmon is listed as an Endangered Species, Salmon mariculture provides a particularly stark example of when society might aptly consider "fish" to be pollutants. The biological, philosophical, and legal underpinning of our argument, however, transcends aquaculture into the realm of fisheries management, where we advocate that managers focus on improving water quality to the point where the native fish that historically were dominant in the habitat are once again abundant, rather than on managing aquatic ecosystems for stocked species of fish that are relatively unaffected by degraded water quality. Text Atlantic salmon UW Law Digital Commons (University of Washington) |
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Environmental Law |
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Environmental Law Firestone, Jeremy Barber, Robert Fish as Pollutants: Limitations of and Crosscurrents in Law, Science, Management, and Policy |
topic_facet |
Environmental Law |
description |
When we think of pollutants, we either consciously or unconsciously draw a bright line between pollutants and what might be called "natural." That which is natural cannot be a pollutant; that which is a pollutant cannot be natural. It seems odd to speak of live fish as pollutants, as odd as it would be to speak of dioxins as natural. Nevertheless, the traditional definition of fish as natural may be fading as our awareness of the adverse environmental effects of accidental or poorly planned fish introductions increases. Along these lines, a federal court recently found that non-native Atlantic salmon that escape from their pens are "pollutants" within the meaning of the Clean Water Act. Because wild Atlantic salmon is listed as an Endangered Species, Salmon mariculture provides a particularly stark example of when society might aptly consider "fish" to be pollutants. The biological, philosophical, and legal underpinning of our argument, however, transcends aquaculture into the realm of fisheries management, where we advocate that managers focus on improving water quality to the point where the native fish that historically were dominant in the habitat are once again abundant, rather than on managing aquatic ecosystems for stocked species of fish that are relatively unaffected by degraded water quality. |
format |
Text |
author |
Firestone, Jeremy Barber, Robert |
author_facet |
Firestone, Jeremy Barber, Robert |
author_sort |
Firestone, Jeremy |
title |
Fish as Pollutants: Limitations of and Crosscurrents in Law, Science, Management, and Policy |
title_short |
Fish as Pollutants: Limitations of and Crosscurrents in Law, Science, Management, and Policy |
title_full |
Fish as Pollutants: Limitations of and Crosscurrents in Law, Science, Management, and Policy |
title_fullStr |
Fish as Pollutants: Limitations of and Crosscurrents in Law, Science, Management, and Policy |
title_full_unstemmed |
Fish as Pollutants: Limitations of and Crosscurrents in Law, Science, Management, and Policy |
title_sort |
fish as pollutants: limitations of and crosscurrents in law, science, management, and policy |
publisher |
UW Law Digital Commons |
publishDate |
2003 |
url |
https://digitalcommons.law.uw.edu/wlr/vol78/iss3/3 https://digitalcommons.law.uw.edu/context/wlr/article/4423/viewcontent/fis.pdf |
genre |
Atlantic salmon |
genre_facet |
Atlantic salmon |
op_source |
Washington Law Review |
op_relation |
https://digitalcommons.law.uw.edu/wlr/vol78/iss3/3 https://digitalcommons.law.uw.edu/context/wlr/article/4423/viewcontent/fis.pdf |
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1768384596789952512 |