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Abstract

Coral reefs are ecologically, financially, and aesthetically one of the world’s greatest resources. Off the coast of Alaska, many unique species of deep-sea cold-water corals exist and provide various public health benefits, contribute vital ecosystem functions to their surrounding environment, and serve as economic tourist attractions. Alaska’s corals reefs are exceedingly valuable to the earth due to their overall ecological value. However, these unique coral species significantly lack state and federal protections–which have recently been under consideration in several lawsuits at the federal level. American Oceans Campaign v. Daley and Oceana, Inc. v. National Marine Fisheries Service et al., are the main federal cases that examine the harmful fishing practices that are destroying coral reefs in Alaska. What legal questions still exist surrounding these cases and their respective outcomes and potential holdings? How can stakeholders in the Alaskan fishing industry adapt their practices to prevent destruction to deep-sea cold-water coral reefs? Should lawmakers even be involved in this issue considering the expertise involved in understanding complex fishing methods in colder waters?This paper will attempt to answer these questions through (1) a brief history of American Law regarding state and federal precedential coral reef protections; (2) a description of the ongoing destruction to valuable coral reef species both in the U.S. and worldwide; (3) an in-depth examination of the federal case: American Oceans Campaign v. Daley; (4) public health considerations pertinent to the destruction of Alaskan cold-water corals; (5) legal implications of destructive fishing practice considered in Oceana, Inc. v. National Marine Fisheries Service et al.; (6) current actions of state and federal agencies to combat ongoing oceanic environmental destruction; and conclude with (7) proposed solutions to ensure the future survival of deep-sea cold-water corals in Alaska. As the legal issues continue to pile up, adequate action must be taken by both state and federal agencies to ensure the protection of one of Alaska’s most valuable resources.

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