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Authors: Brian Herbert,Jan Herbert

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“Are you sure you want to do this?”

“I’m sure.”

Her eyes misted over. “Tiny would appreciate this fine and generous gift. Thank you very, very much.”

“I also intend to put my media empire to much better use, publicizing native Hawaiian issues, and promoting the welfare of the ocean. I’ll donate the profits for environmental purposes—Hawaiian parks, ocean protection, and the like. I’d like you to serve on a board to make those decisions, too.”

Now she looked at him as if she was having trouble believing him, as if she was wondering if he had lost his mind and wouldn’t really take all those radical actions he was promising.

“I’ll have my attorney contact you,” he said, rising to his feet. “He’ll work out the details to your satisfaction.”

“My satisfaction on behalf of the native people,” she said, “and the ocean.”

“Of course.”

She led him to the door, where he reached out in a very dignified manner to shake her hand. Instead of accepting his hand, though, she gathered him close and gave him a strong hug. “You are a good man,” she said. “A very good man.”

***

Chapter 9

Early in the afternoon, Alicia stood at the podium of a university auditorium in Honolulu, gazing out on a sea of faces. Every seat was filled, but not with students. These were all experts in the science, politics, and laws of the ocean, gathered from the ranks of Sea Warriors (including associate members), and from non-members around the world. Adding to these leading authorities, there were others involved in the proceedings as well, though not physically present—Gwyneth, Pauline, and thirty-seven other Sea Warriors who had metamorphosed too much to walk upon the land. They were gathered in the water off Diamond Head, and would be kept advised of the discussions through a relay system—other Sea Warriors who went back and forth regularly, to obtain comments and suggestions from those who could not easily go ashore.

She glanced down at Kimo and his cousin Jimmy, sitting together in the front row, wearing short-sleeve Hawaiian shirts. Jimmy had obtained the use of the auditorium from the university at no charge—donated by educators who were interested in the welfare of the ocean. Kimo had moderated the proceedings all morning, and had asked her to lead the discussion after the lunch break. Fuji had arranged for tight security for the meeting, because of all the curiosity about what would be included in the revolutionary new Declaration of Ocean Independence.

Looking at the main door, Alicia saw two men enter the chamber, carrying cardboard boxes.

“Ah,” she said, “here are the printouts now. They will be handed out to each of you, so that you can review the concepts we discussed this morning and see how they’re taking shape. So far, we have a preliminary outline of the declaration, and some suggested language. Kimo and I think it’s a good start, but we have a lot more work to do. Some people might think the measures are draconian, but they are necessary until humans learn how to behave properly, and then perhaps some of the controls can be eased off—but never completely. We must always have a system of strict inspection and enforcement, and violators need to be punished severely.”

Alicia received her own copy and perused it, noting the opening Statement of Purpose for the meetings, stating that the experts were gathering in order to come up with “a legal document that will forever protect the interests of the worldwide ocean, and the living organisms that inhabit those waters.”

In the body of the outline she noted another heading,
Dumping at Sea and Carelessness
, and draft wording that banned the dumping of garbage, plastics, sewage, industrial chemicals, nuclear materials or by-products, or any other materials foreign to the ocean. Notes indicated that some of these items—such as sewage, industrial chemicals, and nuclear materials—might be moved into a separate
Marine Pollution
heading.

Another heading—
Damage Caused by Ships and Boats
—would cause an even more monumental change in human behavior, because it would eventually prohibit all motorized vessels in the water, even banning backup motors for sailing vessels. The prohibition would be completed under a timetable of a few years, and would affect not only private vessels and commercial cargo ships, but military vessels as well, including submarines. All would be banned, if they were motorized. Only approved watercraft would be permitted to use the sea—sailboats, windsurfing boards, human-powered craft (such as rowboats, kayaks, racing skiffs, and paddleboats), and the like. There would be no more greasy, leaking cargo ships or oil tankers, no more radiation-saturated nuclear-powered submarines, and no more massive, fast-moving container ships or aircraft carriers running over northern right whales, finbacks, humpbacks, and other large animals on the surface, killing them.

Dirk Avondale expected a lot of pushback from the military and commercial interests on the engine ban—as they would argue that gasoline, nuclear-powered, and diesel engines could be banned to avoid the danger of leaks, while allowing solar- or steam-powered engines. That might be acceptable if there were meaningful controls on noise and other problems, but both Kimo and Dirk felt it was important not to provide human beings with any loopholes, or soon they would attempt to enlarge them into something big enough to drive a hundred battleships through, eventually destroying each prohibition entirely. As Kimo put it to the attendees that morning, “Our new regulations must have
teeth
. They must be strictly enforced.”

There would be restrictions on cargoes that could be hauled as well, preventing the movement of any petroleum products or other hazardous materials over the water. As one example, no oil tankers of any kind would be allowed, even if they were wind-powered.

A large portion of the declaration would be dedicated to dealing with the problem of overfishing, a practice that had depleted so many species of marine life. There would be a prohibition against commercial, private, and sport fishing, whaling, tuna-seining, crabbing, lobstering, and any other endeavor that involves the removal of living organisms from the ocean, including bans on the collection of sea cucumbers and seaweed, and prohibiting the collection of shellfish by any means. No more abalone, clams, oysters, mussels, or geoducks would be taken from the wild. Some fishing by native peoples or the residents of seaside villages might be allowed under close supervision, but only if they used traditional, low-tech methods.

Yet another section banned mining operations of any sort, including the removal of manganese nodules, copper, and other minerals from the ocean floor.

Diving in the ocean, snorkeling, scuba diving, and swimming would only be allowed with special permits from the Sea Warriors, and there would be a means of verifying who had permits and who did not. Even beach sands would fall under the jurisdiction of the new declaration, as would sensitive coastal ecosystems around the world, such as mangrove forests, salt marshes, and estuaries. Just walking on beaches would be subject to the permit process, due to past abuses by human beings, including leaving bottles, cans, and other trash behind them. Beachcombing would not be allowed under any circumstances.

Travel by aircraft over the water would be strictly regulated, so that airborne vessels crossed the world ocean over the poles, or by the shortest routes separating continents, and prohibiting the dumping of fuel in the water, except in certain emergency situations. Seaplanes or other aircraft with pontoons would not be permitted to land on the ocean, or even fly over it.

There would be limited exceptions to some of the categories, such as allowing approved companies or individuals to obtain organisms from coral colonies for medical purposes, allowing swimming and diving in emergency situations, and allowing air rescue operations for boats or ships that were endangered in the ocean. Some electrical-energy generating projects might be permitted as well, involving waves, tides, thermal energy, or currents—but only if they could be demonstrated to have no adverse effect on sea life.

In addition, some aquaculture and mariculture operations could be allowed, including the farming of salmon, oysters, mussels, and squid—but under strict controls to avoid contaminating wild stocks.

These and other restrictions against human abuses would involve a massive worldwide bureaucracy, but this was unavoidable, a necessary price to pay in order to get things straightened out, to restore natural environmental balances. It would all be announced at the United Nations building in New York City. The various national representatives would then be permitted to make suggestions, but only in a very narrow range, and then the decisions of the Ocean Management Authority would take effect. Every nation, company, and individual would need to comply with the edicts or face severe reprisals—including the institution of long-term bans against even using sailing vessels on the ocean.

From the podium, Alicia said, “Now we will break up into individual study groups to focus on improving the various sections of the document. For one thing, I think we might consider a new category, a system of rewards for individuals, companies, and governments that show the most concern for the ocean. We could develop a scoring system, for example, and list a number of rewards that would be granted. In addition to the prohibitions and punishments, it might be a good idea to provide some incentives. We can’t just hope that scolded people will suddenly become environmentally conscious.”

She saw some people in the audience nodding their heads in agreement with her, but she also heard a murmuring of disagreement in the audience. On the way to one of the study groups, a woman with short gray hair—a maritime lawyer—said, “I don’t recommend rewards, at least not yet. We want to shake up the world, and don’t want to appear soft.”

Alicia nodded. “I’d still like to discuss the idea, and see where it goes.”

They met in study groups for a couple of hours, then took a short break and resumed. Alicia and Kimo moved between the separate sessions to answer questions and make their own comments, and before the groups broke up they put their comments in electronic format, for inclusion in the next draft of the declaration.

Just before concluding the first day of discussions, Kimo and Alicia called everyone together in the auditorium, and went to the podium. He put a tattooed arm around her shoulders and said, “The idea for the Declaration of Ocean Independence is Alicia’s, and I can see this whole approach really taking off, catching fire with all of us who care so much about the ocean.”

The participants clapped. When the applause began to subside, Alicia said, “I’m glad everyone likes the idea, but it still needs a great deal of work, a great deal of fleshing out.”

She was right. This was only the first day. They would work for three more weeks before a document was ready to submit to the world.

***

Chapter 10

The Declaration of Ocean Independence was unlike any document about the seas ever produced. Finally, after weeks of comprehensive meetings with experts, Kimo and his advisers had the first edition of the monumental, historic text completed—and he was about to present it to the nations of the world, with a demand for their compliance. The detailed declaration would be distributed in hard-bound copies, and would also be available in electronic versions. Fuji Namoto had personally supervised the delivery of these items to the United Nations building in New York City, accompanied by her own hand-picked guards. She should be waiting for him there now.

Taking around half of the hybrid Sea Warriors with him—as well as many associate members—Kimo led a large fleet of jetfish pods across the Pacific Ocean from Hawaii to Central America, then through the Panama Canal, and north in the Atlantic Ocean to New York City. Inside the lead pod, Kimo thought back on the detailed meetings, the long hours, the hard work. It had been exhausting, but exhilarating, a truly pioneering effort for the fledgling organization.

Gwyneth rode in a water-filled tank now, forward in the passenger compartment of this pod, and there were similar tanks in other pods to hold any other Sea Warriors such as Pauline who needed to remain in contact with seawater at all times. Some of the long, sleek pods were filled with nothing but such passengers, in tank after tank—some of them sharing larger tanks.

In Lower Bay, just outside the harbor of the metropolis, most of the pods opened up as the individual jetfish parted, allowing seawater to enter the conglomerated interiors, and enabling the Sea Warriors to swim out into the water on their own. Some of the other pods remained intact, because they carried associate members, and other supporters of the organization, who had not undergone the transformation to receive gills and other physical features. The incredibly supportive newsman Jimmy Waimea was among those people, along with a number of university professors, oceanographers, maritime lawyers, and environmental activists. All had made major contributions to the new Declaration of Ocean Independence….

“My special friends are waiting for us,” Gwyneth said as she, Kimo, Alicia, and Dirk swam ahead of the others on the surface. They passed under the Varrazano Narrows Bridge, continuing into the large harbor. A blanket of gray sky lay over the city.

Though Kimo could not see what she was talking about yet, he did not dispute her assertion, because she always knew when her whale friends were nearby. Presently, Kimo saw their hulking shapes coming from the depths and the sides, joining the swimming Sea Warriors and spouting water from blow holes. He thought he noticed a joyous energy in the movements of the whales as they swam with the human hybrids and the remaining jetfish pods, as if the large marine animals knew that a great deal of progress had already been made in restoring their ocean realm to what it should be, and that more successes lay ahead.

Gwyneth had determined, based upon her powerful connectivity with the ocean, that whales of all species had been the leaders in the massive worldwide cleanup operation, a herculean effort that regurgitated all manner of wrecks and garbage from the ocean floor and tossed it back on the land. In some cases, such as the Puget Sound in the west and Chesapeake Bay in the east, floating plastics and other garbage had been dumped into the huge bays, and then the whales had positioned schools of dolphins or porpoises to keep it all from floating back out to sea, thus forcing humans to clean up their own disgusting messes and process the junk on land.

“Look at the shore there,” Kimo said, as he climbed atop a massive blue whale with Gwyneth and his other core members. “And there.” He pointed left and right, to the shores of Staten Island and Brooklyn. Human cleanup crews were removing huge piles of garbage from the beaches and roadways where it had all been regurgitated from the sea, using litter crews, heavy equipment, and dump trucks.

“They don’t seem to like looking at their own garbage,” Alicia said. “What made people think the creatures of the sea wanted to live with it?”

“For land-dwellers, it was out of sight, out of mind,” Alicia said, “but those days are gone.”

“Gone forever,” Gwyneth said, in her unusual, throaty voice. Kimo noticed that it had a new garbling effect in the open air, as if she were speaking underwater. Though in her lumpy gray appearance she may have done all of the changing she was going to do, perhaps she was continuing to metamorphose in other ways. Her original British accent, remnants of which she had retained for a time, seemed gone now.

All of the swimming Sea Warriors climbed atop whales and formed a procession on the surface of the water, with Kimo and his entourage of leaders onboard the lead whale and others behind him, with the remaining jetfish pods bringing up the rear.

A chill of pleasure and anticipation ran down Kimo’s back as the flotilla entered the heart of New York harbor, passing Ellis Island and the Statue of Liberty. Ahead, two city fireboats were off Battery Park, shooting chandeliers of water from their hoses. High-speed police boats appeared on either side of the procession, manned by armed officers and men with machine guns, but Kimo was not afraid. Police and news helicopters flew overhead.

On shore an hour later, Kimo, Alicia, and Dirk strode into the immense General Assembly Hall of the United Nations, accompanied by eleven other Sea Warriors. All of them wore business attire over their already-dry swimsuits—in Kimo’s case a white suit with a Hawaiian dress shirt, while Alicia had on a gray-tweed dress. Also fully clothed, other members, associates, and friends of the ocean-rights group congregated in the main lobby and outside in the plaza, while Gwyneth, and others who needed to remain in seawater, gathered just offshore in the East River with the whales, jetfish, and other marine life that had joined them, all within sight of the United Nations buildings.

The delegates of various nations were filing into their seats, in preparation for today’s special session. Kimo heard the tension in their voices as they spoke many languages, and saw it on their faces. They were all worried about what he would say to them, and with good reason. Many of them would not like the new declaration.

Near the curvature of steps around the raised stage, Fuji Namoto greeted him. “All is in readiness,” the slender woman said, with a businesslike smile. Bound documents and computer discs were piled on tables behind her.

Kimo picked up one of the bound copies, thumbed through it. Then he took a disc as well. Nervously, he watched as the national delegations continued filing in. The Declaration of Ocean Independence was only possible because of perceived Sea Warrior strength, stemming from their special abilities with creatures of the sea. But the document also had a large portion of bluffing mixed in, because Kimo did not know why the whales and other creatures sometimes acted on their own, and why they sometimes followed the commands of his hybrid humans.

To pull this off, to really intimidate the nations of the world into complying with the new rules, he had to make people believe that any one of his followers commanded all living things in the sea—so that there would be no advantage to arresting him and his entourage and taking them into custody. These were major points that he had already emphasized in information he’d passed on to Jimmy Waimea, for dissemination to news outlets all over the world.

Obviously the nations believed him, or he would not be standing here today. And yet, he was confident as well that if it came to an all-out world conflict, the Sea Warriors and the millions and millions of dangerous marine animals in their ranks would win the day. He just wanted to avoid all that bloodshed. The world would discover the broad range of Sea Warrior power in due course anyway, when any humans violating the rules were discovered by inspectors stationed around the world, or by marine animals reporting to the organization. So, he was not bluffing entirely.

Finally, when the delegates were all in their seats, the UN Secretary-General went to the large, elaborate lectern and opened the session. A black man from one of the African nations, he spoke briefly of the agreed-upon need to treat the ocean with more respect, and said that the United Nations had already appointed a special committee to deal with the crisis.

After he was introduced, Kimo went to the lectern, and set the bound copy and the disc on the surface in front of him. For several long moments, he gazed around the immense chamber, focusing briefly on some of the faces. The representatives had grown very quiet, except for the occasional sounds of coughing, or of shifting in their seats.

He adjusted the microphone, said, “In a few minutes, all of you will receive copies of the Declaration of Ocean Independence. Many of you have already received purported information on the contents of the document, from things that may have leaked in the last few weeks, some of it finding its way into news reports. A great deal of that is erroneous, or has been amended by our continuing meetings. The declaration is the new law of the sea, replacing all prior international agreements and proclamations of nations. Nations no longer own any rights to their continental shelves or the territorial waters offshore, or even to their shorelines and beaches. There are no longer international agreements to mine the resources of the ocean, and no right to use the sea for any purpose, and there is a no-tolerance policy on dumping in the water. There is no such thing as ‘freedom of the seas’ for human beings. The Law of the Sea, as you have known it until now,
no longer exists
.”

Dead silence greeted him.

He raised his voice for effect. “As you will discover in the official documents, from this day forward, there is no longer a planet called Earth, because we have renamed the entire world
Ocean
.”

A murmuring of discontent moved through the audience, and a few nervous chuckles.

He took on his most stern expression. “The list of transgressions committed by humans against the ocean is long and flagrant, and such acts will no longer be tolerated. As just a few examples among—literally—
millions
of disgusting acts, so-called ‘sport-fishermen’ catch great white sharks as trophy fish, and hang the teeth-studded heads in their dens and seafood restaurants. Or marlins—among the most graceful, beautiful creatures in the sea—are caught and stuffed, and their entire bodies are mounted on the walls. Can’t you see how grotesque that is? People in some countries kill large turtles to stuff them and sell them. Turtles, by the way, as well as crabs and other marine animals, lay their eggs on beach sand. For that reason, beaches are no longer part of any sovereign nation.

“In a forthcoming appendix to the declaration you will find a list of small islands, reefs, and atolls all over the world that are also being completely removed from any national or international jurisdiction, because they are habitats for seals, shorebirds, turtles, and other creatures that either live in the sea or live in harmony with it. Unlike human beings, who in the industrial age have not even come close to living in harmony with any aspect of their environment, be it land, sea, or sky. People are slobs, leaving trash behind them like the droppings of mice. Human beings are careless, selfish, and greedy, thinking mostly of themselves, and only rarely of others.

“Hereafter, when it comes to the world ocean, zero tolerance is the rule of the day, and punishments will be severe. With our special linkage to all marine life forms, we have ways of detecting violators, and of taking severe measures against them. Access to the world’s ocean is not a right; it is a valuable
privilege
, and my Sea Warriors are the gatekeepers. Any privileges we grant henceforth will be far diminished from anything you’re accustomed to.”

He paused, while the assemblage shuffled nervously in their chairs and muttered their discontent. Then he said, “A new day has arrived, a new dawn on the world’s seas.”

Alicia and the other Sea Warriors in the hall began to distribute both hard and electronic copies to each delegate. While this was going on, he said, “This document is only the first edition; there will be future versions, containing reasonable changes. Some revisions will be the result of
constructive
comments from your various nations, and from individuals and organizations. But no lobbying will be tolerated, and the only suggestions that will result in changes will be those that are not self-serving.”

“What about common products that have been derived from ocean plants and animals?” the French delegate shouted. He had risen from his chair, several rows back from the front. “Not just minerals, seafood, and edible plants, such as seaweed. I’m talking about cosmetics, lubricants, toothpaste, dyes, shampoos, and hundreds of other products.”

“For the most part, you’ll have to make those products with land-based materials,” Kimo said. “Human beings are highly ingenious, so I’m confident you’ll find a way. We will, however, consider legitimate medical needs, such as medicines that can be developed from sea organisms, as well as emergency situations, such as the need to rescue the passengers from foundering vessels or downed aircraft. If you study the Declaration of Ocean Independence carefully, you will see that a number of privileges can still be earned by humans. Swimming and scuba diving in the sea, for example, but only by people who behave like careful, considerate
guests
in the water, not like people who think they own it. A panel of Sea Warriors and other experts will be the final arbiters. There will be no appeals process.”

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