Widespread deterioration of coral reef ecosystems continues despite federal and state efforts to protect these valuable natural resources. This damage must be prevented not only for the sake of the reefs themselves, but also for the sake of humanity, which benefits from fishery sustainability, erosion prevention, recreation, and other vital services that reefs provide. After a brief review of the current federal and state programs that provide coral reef protection and an analysis of some “gaps” in reef protection, this Article suggests that the State of Florida has the ability to fill many of the gaps in protection. The Author proposes extending Florida’s common law public trust doctrine to include coral reefs and argues that such an extension would empower Floridians to enforce a State duty to protect corals.
Under the public trust doctrine, the State has an affirmative duty to manage its public trust resources in the best interest of its citizens. The Author explains that Florida, as a trustee under the doctrine, is required to consider the impact of its actions on public trust resources and prevent substantial harm to the resources. Floridians, as the trust beneficiaries, have the right to ensure that the State acts with care in its trustee responsibilities. The Author suggests that if the public trust doctrine’s scope extended to include corals, the keystones of coral reef ecosystems, Floridians could then enforce a State duty to protect coral reefs within State waters.
Although a public trust in corals could be established through statutory codification or common law means, this Article proposes expanding the doctrine’s application to corals through the common law. Because Florida’s common law public trust doctrine is deeply rooted in the concept of protecting public uses such as fishing and recreation, the Author argues that the doctrine could extend to include coral resources because of the services they provide to the public. Further, the Author suggests that because corals are so intimately connected to submerged lands, which are traditional subjects of public trust protections, this type of public trust expansion to wildlife may be more successful than previous attempts across the United States.
Finally, the Article presents a brief overview of the form of a public trust lawsuit to enforce State coral reef protection and addresses a few concerns with using the doctrine to enforce State protection of corals. The Author concludes by advocating for a reform of Florida’s public trust doctrine to include corals and an increase in State protection of valuable reef resources.