xiii, 236 p. : ill. (some col.) / Over the past two decades, contemporary state-level watershed management burgeoned in the Pacific Northwest. This research offers a comparative analysis of contemporary state-level watershed management frameworks in the Pacific Northwest. The four case study areas consist of Idaho, Oregon, Washington, and Northern California. This study begins with a historical analysis of the greater watershed movement in natural resource management. Next, document analysis and key informant interviews are utilized to detail the watershed management framework of each state. Finally, this study explores a comparative analysis of each state framework. Results indicate that while the case study areas share many characteristics endemic to the bioregion, the watershed management framework of each state differs substantially. Key informant interviews indicate that these differences often reflect the unique sociopolitical climate of each state. Results additionally indicate the vital importance of stable state-derived funding for the establishment and resilience of watershed management organizations. / Committee in charge: Dr. Michael Hibbard, Chairperson; Dr. Richard Margerum, Member; Dr. Max Nielsen-Pincus, Member

This essay offers a study of old growth forest policy in British Columbia and the American Pacific Northwest and, in so doing, attempts to contribute to the sparse comparative environmental literature that uses Canada as a case study. Specifically, the essay addresses the question of why old growth forest preservation policy divergences so dramatically between British Columbia and the American Pacific Northwest. After establishing that American Pacific Northwest and British Columbia old growth forest preservation policy diverges, the author employs a chronological methodology to reconstruct the current old growth preservation policy outcomes in both jurisdictions. The author then identifies a series of variables that affect old growth forest preservation policy in both jurisdictions, and examines each as a force of divergence. The essay discusses the different influences of two non-institutional variables-science and economics-and two institutional variables-federalism and legalism-on American Pacific Northwest and British Columbia old growth policy. The essay concludes by discussing the question of how each variable works with one another to produce this instance of policy divergence. The author finds that all four variables collaborate with one another and contribute to the divergence. However, the essay concludes that the major determining factor in this case of policy divergence is the interplay of the two institutional variables. / Arts, Faculty of / Political Science, Department of / Graduate

Cohorts of larval Pacific herring, Clupea harengus pallasi Valenciennes 1847, were studied from hatch during the spring of 1985, 1986, and 1987 in the Strait of Georgia, British Columbia. The main objectives were to study the patterns in the larval dispersal process, to study a major spawning area for Pacific herring to determine whether this site may act as a nursery area for the resulting year-class, and to evaluate the current hypotheses concerning survival of the larval year-class for their applicability to Pacific herring. Results indicated a significant proportion of larval herring which hatched in Lambert Channel quickly dispersed into Baynes Sound, probably through a combination of tidal movements and wind driven surface currents. Baynes Sound was shown to be much more stable than Lambert Channel due to strong stratification through freshwater input and protection from wind mixing by the surrounding land masses which may also have resulted in an earlier spring plankton bloom. Baynes Sound also had significantly higher densities of microzooplankton important to the early feeding herring larvae than Lambert Channel and outside waters. The suite of potential predators was also different between the two channels with Baynes Sound having more hydromedusae and Lambert Channel having more chaetognaths and polychaetes. Analysis of larval growth rates using an RNA/DNA ratio technique on individuals from the yolk sac stage onwards indicated the larvae initially grew very slowly but, by postflexion were growing over 25 %•d⁻¹ in protein. Starvation did not appear to play an important role in mortality. The RNA/DNA ratio was demonstrated to be directly correlated with a morphometric condition factor Pacific herring larvae indicating it can also be used as a condition factor. There was a significant positive correlation between the mean protein growth rate measured with RNA/DNA ratios and the mean nauplii density. Feeding larvae in Baynes Sound were found to be growing faster than those in Lambert Channel suggesting Baynes Sound was being used as a nursery area. Analysis of otoliths suggested there was a significant increase in survival of larval herring having higher growth rates over as little as a 3-week period. / Science, Faculty of / Zoology, Department of / Graduate

The following study is designed to look at one religious group and assess some of the social service needs as seen by the study participants. Since social services cover such a broad spectrum, it was decided to limit the study to marital counseling needs and related issues as seen by individual church members.

The close proximity of net-pen salmon farms and wild Pacific salmon stocks in British Columbia (BC) is an incentive for precautionary management of the environmentally and economically damaging parasites known as sea lice. Bivalves cultured as part of an integrated multi-trophic aquaculture (IMTA) system may contribute natural, preventative louse control through the ingestion of planktonic sea lice larvae. A field trial was conducted to test sea lice mitigation by bivalves at a commercial Atlantic salmon (Salmo salar) farm in BC using Pacific oysters (Crassostrea gigas). Oysters were cultured in trays around one end of the farm and at a reference site approximately 150 m away from August 2013 until August 2014. Parasitic and planktonic sea lice (Lepeophtheirus salmonis and Caligus clemensi) were monitored before and during oyster deployment, beginning in December 2012. Parasite abundance peaked in January 2013 (6.5 lice/fish, >85% C. clemensi), and the following year in February 2014 (3.3 lice/fish, >80% L. salmonis). Larval density within cages peaked in January, both in 2013 (1.28 larvae/m3) and 2014 (0.96 larvae/m3). Parasite abundance was significantly correlated with both surface salinity (r2= 0.28, p=0.04) and sea lice larval density (r2= 0.65, p=0.01). Observed densities were significantly lower (t=3.41, p=0.009) than those calculated for the site based on water temperature and salinity, the number of adult female lice present, and the approximate number of fish. Sea lice mitigation by oysters was assessed by comparing monthly sea lice larval densities inside bivalve and non-bivalve fish cages, and by analyzing preserved oyster digestive tracts from January 2014 (when larval densities were highest) for presence of L. salmonis DNA using PCR. Using these methods, no significant evidence of sea lice mitigation was detected. Oyster growth was monitored by measuring whole wet weight, soft tissue wet, dry, and ash-free dry weight, and shell length, width, and height approximately every four months. Oysters were sampled equally across different sides of the farm and at the reference site (~150 m away from the farm) at three depths: 1, 3, and 6 m. All seven measurements increased significantly over time. Effects of side and depth varied by growth parameter; in general, oysters at 1 and 3 m were significantly larger than those at 6 m, and oysters cultured at the reference site were either significantly smaller or the same size as those cultured around the farm. Oysters from select sides were consistently, significantly larger than those from other sides and from the reference site. Overall, the findings suggest that sea lice larvae quickly dispersed away from the farm after hatching and were not significantly impacted by bivalve presence around the fish cages. Bivalves grew significantly larger over time and size was significantly impacted by both depth and side of the fish cage. While no evidence of larval sea lice reduction/ingestion by cultured bivalves was detected, this study provides information on all sea lice stages present throughout an Atlantic salmon production cycle, as well as the first detailed growth analysis of Pacific oysters cultured alongside farmed Atlantic salmon in BC. / Graduate / 0792 / byrneaa@gmail.com

This thesis is conducted on the premise that the existing legal, policy and governance frameworks are insufficient to protect biodiversity from the alarming loss it is facing now. It argues that these frameworks are crafted to conform to the dominant paradigm of anthropocentrism; a paradigm which believes that humans are the pinnacle of creation and everything on Earth, including the Earth itself destined to satisfy only the interests of humanity without having their own purpose. By showing how anthropocentric worldview conceived, developed and spread, and how this worldview managed to influence societal collective consciousness to govern the relationship established between humans and the nonhuman nature, the thesis argues that loss of biodiversity not a problem in itself. Rather it is a symptom of the underlying problem rooted in human thinking, guided by anthropocentric worldview. Anthropocentrism has become a powerful paradigm that succeeded in permeating into dominant religions, knowledge base and legal systems of countries of the world, including Ethiopia. The thesis contends that law, as mirror of dominant paradigms and perceptions, reflects the values of these paradigms, at international as well as national levels putting protection of biodiversity within the interpretations of these paradigms. It argues that the human treatment of the natural environment is on a scale of violence which puts the survival of humans and that of the environment at a precarious condition. Based on evidence from the review of evolutionary science and the Holy Scriptures, the thesis argues that humans are deeply connected to and dependent on the Earth systems and are responsible to maintain these systems which are functioning in a holistic manner to support all life on Earth. Promoting the proposition of Thomas Berry that the Earth is a community of subjects not a collection of objects, it contends that biodiversity has intrinsic value in addition to instrumental value, deserving ethical extension. Drawing on these concepts, the thesis suggests, by adopting a reformist approach, a shift from the reductionist notion of anthropocentrism to ecocentrism via the new philosophy called Earth jurisprudence. Earth jurisprudence is believed to correct and heal the conflicting relationship that humans established with the nonhuman nature, with the view to reconciling the present legal, policy and governance systems which have been dominated by anthropocentric perspectives. Through the vehicle of Earth jurisprudence, it is hoped that humans assume a stewardship responsibility for the mutual benefits of humans and nonhuman nature. The thesis finally deals with a case study conducted in Sheka zone in the Southwest Ethiopia. The case study is done with the purpose of exploring the TEG systems of indigenous/local communities which are believed to conform to the tenets of the Earth jurisprudence, the philosophy of law which is chosen by this work to guide the protection of biodiversity. The case study came out with findings that the Sheka TEG systems are good examples of customary practices that provide better protection for biodiversity. Exemplary lessons can be drawn from the Sheka TEG systems to amend the dominant legal, policy and governance regimes.

Ethiopia has experimented with land law reforms linked to agriculture-led national development strategies that Emperor Haile Sellassie I, Derg, and EPRDF introduced since Emperor Menelik II enacted modern Ethiopia’s first reform intended for development in 1908. Nonetheless, the country’s smallholder productivity averaged 1.0 ton/hectare and its poverty ranked 174th in the UNDP Human Development Index in 2011. This thesis examines whether and how land law reform can be used to help raise smallholder productivity and tackle poverty in Ethiopia notwithstanding the challenges of legal pluralism. By drawing upon evidence from law and development research and experience and analysing it in the Ethiopian context, the thesis argues that reform can help raise smallholder productivity, but only by recognising legal pluralism and changing the land tenure system’s formal state or non-formal customary land policies, laws, and institutions which constrain the provision and implementation of productivity-raising smallholder land rights that enhance tenure security, facilitate the transfer of rights over land, and authorise the collateralisation of land rights; and tackle poverty by thereby increasing food supplies, raising incomes, and improving health, education, and other necessities for the country’s predominantly rural population. Specifically, the thesis explores the possibility of using reform to adopt a hybrid state-private-customary land policy that combines the advantages of state land ownership policy that the government enforces, private ownership that critics favour, and non-formal arrangements that society uses. It then highlights how within the framework of this hybrid policy reform may help issue land laws boosting the provision of land rights that enhance tenure security by specifying definition of state, private, and communal landholdings, certification of lifelong usufructuary landholding, stricter eviction and confiscation procedures, and clearer expropriation and compensation mechanisms; that facilitate transfer by easing lease, donation, and succession restrictions; and that authorise collateralisation conditionally. Finally, it demonstrates how reform may help establish land institutions that improve implementation by incorporating non-formal arrangements, establishing a federal executive institution, clarifying the mandates of regional institutions, and assigning the judiciary greater dispute resolution role.

The thesis examines the nature and mechanisms of land alienation in the context of Ethiopia's history of land relations and the role of national and global actors. In consideration of these themes, the study has adopted a contextual analysis of law and policy. Data from fieldwork has informed the core themes. It has also involved a combination of doctrinal legal research and documentary policy research augmented by quantitative data. The research considers issues of land alienation in the situation where the main relevant perspectives argue for the abolition of the people's ownership of land approach embodied in the country's 1995 Constitution and its replacement by private ownership of land (privatization perspective) or for its modification to allow alienation of land use rights (revisionist perspective) or for its change into village ownership of land with a possibility of market transfer of land use rights (associative ownership perspective). In addition to their promotion of one or another form of land alienation, the above three perspectives focus on consideration of ways to break the bureaucratic power of the State over land. This study contends that a focus on these issues has prevented the perspectives from fully identifying and thus explaining features of the ongoing land alienation in Ethiopia including the position of international institutions. This thesis therefore claims that there is an underlying shift towards marketable property in land in favor of actors who are assumed to be 'better land improvers. This is happening in a dual context of significant land poverty and economic growth.' Land alienation is being manifested in rural land expropriation laws, administrative and judicial endorsement of kontract, absence of recognition of communal lands and transfer by the State of the communal rural lands to large-scale farmers through the deployment of discourses such as 'empty land' and the 'tragedy of the commons.' This gravitation clashes with the people's ownership of land approach that provides for agricultural land for peasants and pastoralists, security of their landholdings and a ban on land alienation. The tilt has resulted in another tension between federal and regional governments where the Centre claims that efficiency demands that it handle land transfers to developers whereas the regions assert their constitutional power over land. Similarly, global institutions are involved in a contradiction because they prescribe land rights to the poor as a strategy to reduce poverty in Ethiopia and at the same time they encourage large-scale land grants in accordance with `principles of responsible agricultural investment.' The thesis proposes an affirmation of the constitutional principles concerning land with a proper form of constitutionality.

The thesis is about a contextual and prospective analysis of the Ethiopian variant of plea bargaining focusing on the major components of legal culture, legal structure and principles of criminal law and procedure. To this end, it makes use of a thorough analysis of policy and reform documents, laws, as well as comparative literature, interviews and questionnaires. The thesis argues that the Ethiopian variant of plea bargaining is less desirable and feasible. It hardly fits into the Ethiopian legal system for it is constrained by inherent due process concerns in an exacerbated fashion as well as structural/institutional and cultural limitations. Here three subarguments emerge: First, plea bargaining which inherently relates less to evidence and circumvents fundamental principles of criminal law and procedure, aimed at ensuring the integrity of the process, is likely to yield , inter alia, inaccurate outcomes- the innocence problem. With a less developed legal structure (weak defence in particular) and weak legal culture/rule of law, the problem would be exceptionally formidable in Ethiopia. Second, huge structural and functional limitations of legal institutions- the police, the prosecution, the judiciary, and the defence/legal aid, mean plea bargaining would not fare well. Third, plea bargaining tends to be incompatible with the prevailing legal culture. In America and Western Europe, it is often characterized by problems of fairness and outcome inaccuracy. On the face of weak legal culture/rule of law, it remains to be more so in Ethiopia. While plea bargaining may solve problems of delay and enhance efficiency in many jurisdictions, it is not a universal prescription, though. With jurisdictions like Ethiopia whose legal institutions and legal culture are less developed; whose trial appears to be simple, inexpensive, less utilized and correlates very loosely as an underlying cause of delay, plea bargaining is less likely to offer the desired efficiency gains even at all costs. Conversely, it would be more of a liability than an asset at least in three senses: it is likely to yield inaccurate outcomes- wrongful convictions in an aggravated fashion; put defendant`s rights at greater risk, and leave a room for abuses and corruptions.

In documented incidents alone, between January 2006 and December 2009, 900 people were killed in 534 incidents of group conflict in Turkana. On the basis of this apparent lawlessness, the central research question queries whether the apparent inability of the state law and its institutions to manage group conflicts in Turkana districts denotes a crisis of application or a crisis of substance. Is the problem merely the extension of structures of state law such as courts, prosecutors, security agents, prisons and advocates to Turkana or does the crisis speak to a more fundamental challenge. The research argues the latter, that the relationship between state law and group conflicts in Turkana demands an interrogation of the conceptual and institutional dimensions of modern state law. The thesis interrogates how state law is incorporated; an apparatus of power through which certain regulative rationalities come to reframe the terrain upon which people in Turkana live and define their lives. In order to move state law in a radically improving direction, the research argues for a reorientation of rationalities and legality. The reorientation is advanced through two corresponding techniques that allude to the structural and perspectival elements of state law. Fashioned from amongst the unfinished representations of modernity and the initial task of conceiving a (post)colonial tension between regulation and emancipation, the first task involves building on those progressive aspects of state law that enhance its political legitimacy. The second requires the adoption of a transgressive mode of thinking described as 'knowledge-as-emancipation'. On the basis of these two prescriptions, state law can develop a more purposeful and emancipatory purpose within the conflict context of Turkana in particular, and Kenya in general.