Who Owns the Seas? • 1609 Hugo Grotius urged for Mare Liberum or Freedom of the Sea • He assumed the seas’ resources (ie, fish) were an inexhaustible supply • 1702 Cornelius van Bynkershoek published De dominio maris • It outlined the concept of Territorial Sea – the coastal are that could be defended by cannons (3 nm) Who Owns the Seas? • In response to new technology that allowed the mining of the sea floor… • 1958 - United Nations Conference on the Law of the Sea • Mineral mining rights on the continental shelf given to the adjacent nation • But the definition of continental shelf was poorly defined • The law still very ambiguous Who Owns the Seas? • 1973-1982: a new Law of the Sea developed – Passed by 130 votes to 4 • US was against the law • 1993 the Treaty came into force • Although the US signed the treaty in 1994 it has not ratified it…. i.e. the US has not introduced and adopted the regulations etc required by the treaty UN Convention on the Law Of the Sea (UNCLOS) • Coastal jurisdiction 12 n. miles • Exclusive Economic Zone (EEZ) 200 n. miles – Mineral & fishing rights – Pollution regulation responsibility • Free passage for shipping • International Seabed Authority – regulates seabed mining • Law of the Sea Tribunal – arbitrates disputes EEZs of the world EEZ of United States UNCLOS and Marine Species • UNCLOS stipulated that the harvesting of fish and other "marine living resource" both in EEZs, and on the high seas, must be carried out at a sustainable level (Art. 61 & 119) The Convention also highlights migratory species conservation (such as marine mammals) stating that: members states must co-operate to conserve, manage and study such migratory species in the EEZ and the high seas. (Art. 64-65 & 120) • Furthermore, member states should “co-operate with a view to the conservation of marine mammals and in the case of cetaceans shall in particular work through the appropriate international organisations for their conservation, management and study” (Art. 65 & 120) MARPOL • In the first half of 20th century, oil pollution was being recognized as an increasing problem, • In 1954, the UK organized a conference on oil pollution. • This resulted in the International Convention for the Prevention of Pollution of the Sea by Oil (OILPOL), 1954. • This was later succeeded by MARPOL MARPOL MARPOL is the main international convention covering prevention of pollution of the marine environment by ships. It’s a combination of 2 treaties adopted in 1973 and 1978 - although it’s been updated by amendments through the years. 2 November 1973 - The International Convention for the Prevention of Pollution from Ships (MARPOL) MARPOL 17 February 1978 - After a series of oil tanker accidents “The Protocol of 1978 relating to the 1973 International Convention for the Prevention of Pollution from Ships” (1978 MARPOL Protocol) was adopted at a conference on tanker safety and pollution prevention. As the 1973 MARPOL Convention had not yet entered into force, the 1978 MARPOL Protocol absorbed the original Convention. The combined convention came into force on 2 October 1983 (Annexes I & II only) MARPOL The Convention includes regulations aimed at preventing and minimizing pollution from ships - both accidental pollution and that from routine operations. It currently has six technical Annexes: • Annex I Regulations for the Prevention of Pollution by Oil • Annex II Regulations for the Control of Pollution by Noxious Liquid Substances in Bulk • Annex III Prevention of Pollution by Harmful Substances Carried by Sea in Packaged • Annex IV Prevention of Pollution by Sewage from Ships • Annex V Prevention of Pollution by Garbage from Ships • Annex VI Prevention of Air Pollution from Ships The 1973 Convention was primarily concerned with oil pollution, especially spillages during normal operations rather than catastrophic accidents. • The 1973 Convention required ratification by 15 States, with a combined merchant fleet of about 50% of the world‟s shipping (by tonnage) • But by 1976, only three countries had ratified the convention - Jordan, Kenya and Tunisia - <1% of world's merchant shipping fleet. • The US would only consider ratify Annexes I (oil) and II (chemicals), and stalled on Annex II. • It began to look as though the 1973 Convention might never enter into force, despite its importance. 1978 Conference - This allowed countries to become a party to the MARPOL convention is they only ratified Annex I (oil). Then they three year period to prepare for Annex II. • This gave the US time to overcome their problems in Annex II - which for some had been a major obstacle in ratifying the Convention. • 2 October 1983 MARPOL came into force (for Annexes I and II only). • Annex V, covering garbage, achieved sufficient ratifications to enter into force on 31 December 1988. • Annex III, covering harmful substances carried in packaged form, entered into force on 1 July 1992. • Annex IV, covering sewage, enters into force on 27 September 2003. • Annex VI, covering air pollution, was adopted in September 1997 and entered into force on 19 May 2005. MARPOL Annex I This introduced rules about discharge of oil from tankers. • E.g. the total quantity of oil which a tanker may discharge in any ballast voyage whilst under way must not exceed 1/15,000 of the total cargo carrying capacity of the vessel; • and no discharge of any oil whatsoever must be made from the cargo spaces of a tanker within 50 miles of the nearest land. • Also the 1973 Convention was the concept of "special areas" - areas so vulnerable to pollution by oil that oil discharges within them have been completely prohibited, with minor and well-defined exceptions. • The 1973 Convention identified the Mediterranean Sea, the Black Sea, and the Baltic Sea, the Red Sea and the Gulfs area as special areas. • Also new oil tankers should have segregated ballast tanks that don‟t need the carrying of ballast water in cargo oil tanks. • Secondly, new oil tankers should have subdivided hulls and other structural measures so that they can survive after damage by collision or running aground. MARPOL Annex II Annex II: Control of pollution by noxious liquid substances (entered into force 6 April 1987) • Annex II details the discharge criteria and ways to control noxious liquid substance pollution • Some 250 substances were evaluated • The discharge of these substances is allowed only to reception facilities until certain conditions are complied with. • In any case, no discharge of residues containing noxious substances is permitted within 12 miles of the nearest land. • More stringent restrictions applied to the Baltic and Black Sea areas. MARPOL Annex V MARPOL Annex V restricts the discharge of vessel generated garbage and for the US it means that: • The discharge of all garbage is prohibited in the navigable waters of the United States and, in all waters, within three nautical miles of the nearest land. • Packing materials that float - disposal prohibited less than 25 miles from nearest land. • Underground Garbage Disposal prohibited less than 12 miles from nearest land • Garbage ground to less than one inch - disposal prohibited less than 3 miles from nearest land United Nations Convention on Biological Diversity (CBD) • In 1992, 159 nations, met in Rio de Janeiro at the widely publicized „Rio Summit‟, to discuss the issue of conserving bio-diversity and natural resources. • The result of this meeting included The Rio Declaration on Environment and Development and The United Nations Convention on Biological Diversity (CBD) 29th December 1993 • Several articles in the Rio Declaration are of particular relevance to marine conservation - in particular Article 6 which calls on contracting parties to: • “Develop national strategies, plans or programmes for the conservation and sustainable use of biological diversity” United Nations Convention on Biological Diversity (CBD) • As an initial step, parties were requested to identify important components of biodiversity in terms of habitats and species and evaluate and monitor both them and the threats that they face (Art 7) – this would many marine species such as cetaceans, and biologically important habitats such as salt marshes and coral reefs • The CBD goes on to specifically mention the need and obligation for contracting parties to establish systems of protected areas (or areas where special conservation measures are taken) (Art. 8 ) e.g. the requirement for marine protected areas CMS • The 1979 Convention on the Conservation of Migratory Species of Wild Animals (CMS), sometimes referred to as the Bonn Convention was introduced to protect migrating and highly mobile species. • The convention encourages signatories to develop multilateral agreements for species that crossed national borders. • Priority species under the convention are under Appendix I (migratory species threatened with extinction) or Appendix II (migratory species that would significantly benefit from international co-operation) • The CMS has helped progress some major regional conservation agreements For example: • Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas and North Seas (ASCOBANS) & • Agreement on the Conservation of Cetaceans of the Black and Mediterranean Seas (ACCOBAMS) ASCOBANS As an example of the conservation actions/value of a CMS agreement ASCOBANS required members to work to: • “(a) the prevention of the release of substances which are a potential threat to the health of the [small cetaceans],” • “(b) the development…of modifications of fishing gear and fishing practices in order to reduce by-catches and to prevent fishing gear from getting adrift or being discarded at sea,” • “(c) the effective regulation… of activities which seriously affect [small cetacean] food resources,” and • “(d) the prevention of other significant disturbance, especially of an acoustic nature.” The World Conservation Union (IUCN) is an international body consisting of 61 sovereign states, 128 government agencies and 416 NGOs from 118 countries The IUCN assesses the conservation status of species and produced Red Data Lists on those species that are, or soon will be, endangered • IUCN Status Categories EXTINCT (EX) - A taxon is Extinct when there is no reasonable doubt that the last individual has died. • EXTINCT IN THE WILD (EW) - A taxon is Extinct in the wild when it is known only to survive in cultivation, in captivity or as a naturalised population (or populations) well outside the past range. CRITICALLY ENDANGERED (CR) - A taxon is Critically Endangered when it is facing an extremely high risk of extinction in the wild in the immediate future. • ENDANGERED (EN) - A taxon is Endangered when it is not Critically Endangered but is facing a very high risk of extinction in the wild in the near future. • VULNERABLE (VU) - A taxon is Vulnerable when it is not Critically Endangered or Endangered but is facing a high risk of extinction in the wild in the medium-term future. • LOWER RISK (LR) - A taxon is Lower Risk when it has been evaluated, does not satisfy the criteria for any of the categories Critically Endangered, Endangered or Vulnerable. Taxa included in the Lower Risk category can be separated into three subcategories: • Conservation Dependent (cd). Taxa which are the focus of a continuing species-specific or habitat-specific conservation programmes - the cessation of which would result in the taxon qualifying for one of the threatened categories above within a period of five years. • Near Threatened (nt). Taxa which do not qualify for Conservation Dependent, but which are close to qualifying for Vulnerable. • Least Concern (lc). Taxa which do not qualify for Conservation Dependent or Near Threatened. • DATA DEFICIENT (DD) A taxon is Data Deficient when there is inadequate information to make a direct, or indirect, assessment of its risk of extinction. Listing of taxa in this category indicates that more information is required and acknowledges the possibility that future research will show that threatened classification is appropriate. • NOT EVALUATED (NE) has not yet been assessed against the criteria. CRITICALLY ENDANGERED • (A) Observed, estimated, inferred or suspected reduction of at least 80% over the last 10 years or 3 generations. • (B) Extent of occurrence estimated to be less than 100 km2 or area of occupancy estimated to be less than 10 km2, and two of the following: – 1)Severely fragmented or known to exist at only a single location. – 2)Continuing decline in extent of occurrence & quality/quantity of habitats – 3)Extreme fluctuations in occurrence/occupied area/number of animals. • (C)Population estimated to number less than 250 mature individuals and either: – 1) An estimated continuing decline of at least 25% within three years or 1generation, or – 2) A continuing decline in numbers of mature individuals and population structure is (a) severely fragmented (i.e. no subpopulation estimated to contain more than 50 mature individuals) (b) all individuals are in a single subpopulation • D) Population estimated to number less than 50 mature individuals. • E) Analysis shows the probability of extinction in the wild is at least 50% within 10 years or 3 generations. ENDANGERED • (A) Observed, estimated, inferred or suspected reduction of at least 50% over the last 10 years or 3 generations. • (B) Extent of occurrence estimated to be less than 5000 km2 or area of occupancy estimated to be less than 500 km2, and two of the following: – 1)Severely fragmented or known to exist in no more than 5 locations. – 2)Continuing decline in extent of occurrence & quality/quantity of habitats – 3)Extreme fluctuations in occurrence/occupied area/number of animals. • (C) Population estimated to number less than 2500 mature individuals and either: – 1) An estimated continuing decline of at least 20% within 5 years or 2 generations, or – 2) A continuing decline in numbers of mature individuals and population structure is (a) severely fragmented (i.e. no subpopulation estimated to contain more than 250 mature individuals) (b) all individuals are in a single subpopulation • D) Population estimated to number less than 250 mature individuals. • E) Analysis shows the probability of extinction in the wild is at least 20% within 20 years or 5 generations. VULNERABLE • (A) Observed, estimated, inferred or suspected reduction of at least 20% over the last 10 years or 3 generations…. • (B) Extent of occurrence estimated to be less than 20,000 km2 or area of occupancy estimated to be less than 2,000 km2, and two of the following: – 1)Severely fragmented or known to exist in no more than 10 locations. – 2)Continuing decline in extent of occurrence & quality/quantity of habitats – 3)Extreme fluctuations in occurrence/occupied area/number of animals. • (C) Population estimated to number less than 10,000 mature individuals and either: – 1) An estimated continuing decline of at least 10% within 10 years or 3 generations, or – 2) A continuing decline in numbers of mature individuals and population structure is (a) severely fragmented (i.e. no subpopulation estimated to contain more than 1000 mature individuals) (b) all individuals are in a single subpopulation • D) Population estimated to number less than 1000 mature individuals. • E) Analysis shows the probability of extinction in the wild is at least 10% within 100 years. In Fall 2004 the IUCN held their 3rd Congress THE IUCN Congress has 2 „houses‟ - a government house and an NGO house Resolutions must pass by majority in both houses There were several resolution of particular importance to the marine environment CGR3.RES029-REV1 Antarctica and the Southern Ocean • Stop illegal unreported and unregulated fishing around Antarctica • Preventing seabird mortality from by-catch in long-line fishing • Japan Foreign Ministry had problems with this resolution • Passed by 94% both Gov‟t and NGO houses CGR3.RES036-REV1 IUCN Guidelines for protected areas management categories • Norway added marine component amendment to text • “undertake, as a priority, a review and update of the 1994 IUCN guidelines on protected area management categories, including how they can be used marine areas” CGR3.RES051-REV1 The protection of seamounts, deep sea corals and other vulnerable deep sea habitats from destructive fishing practices, including bottom trawling, on the high seas • This was the most contentious issue debated during the congress • Calls UN General Assembly for a moratorium on bottom trawling of the deep seas • Canada, Japan, Iceland and Norway publicly against the moratorium • Iceland abstained in voting • Gov‟t vote: 62 yes, 35 No, 17 abst • NGO vote: 281 yes, 3 No, 30 abst CGR3.RES053-REV1 Undersea Noise Pollution • Monitor for and investigate the impacts on marine species • Consider how to limit the use of powerful noise sources until their short-term and long-term effects are better understood • U.S. submitted a statement in writing essentially stating that noise wasn‟t a problem • Gov‟t vote: 51 yes, 0 no, 27 abst CGR3.RES057-REV1 Conservation and sustainable management of high seas biodiversity • Create a global representative network of Marine Protected Areas by 2012 • Japan publicly against • Gov‟t vote: 69 yes, 8 no, 9 abst CGR3.RES076-REV1 Urgent measures to secure survival of the critically endangered Western Gray Whales (Eshchrichtius robustus) • Urges all range states (Russian Federation, Republic of Korea, China, Japan) to immediately develop and implement action plans • Gov‟t vote: 82 yes, 0 no, 9 abst CGR3.REC034-REV1 Shark Finning • Urges states to support a resolution adoption in UN General Assembly for a ban on shark finning • Japan publicly against • Gov‟t vote: 94 yes, 7 no, 12 abst CGR3.RES042-REV1 Adapting to climate change: a framework for conservation action • Requests IUCN to establish a working group • Gather information on existing strategies, plans, and actions to adapt to climate change • Calls upon IUCN members to adjust and incorporate the impacts of climate change into their strategies • Gov‟t vote: 119 yes, 0 no, 13 abst CITES The international wildlife trade is worth billions of dollars and has been responsible for the decline of a number of animal/plant species The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) was signed in 1973. CITES first entered into force on July 1,1975 160 nations ("Parties") have signed and ratified the CITES treaty. • Appendix I includes those species that are threatened with extinction and would be affected by international commercial trade. These species may not be traded internationally for commercial purposes. e.g. blue & sperm whales, Yangtze & Indian river dolphins • Appendix II includes those species that, although not necessarily threatened with extinction, may become so unless trade is strictly regulated. International commercial trade in Appendix II species is allowed, but is strictly controlled. e.g. bottlenose dolphins, great white sharks • CITES Parties are expected introduce domestic laws to control trade. US Laws ENDANGERED SPECIES ACT 1973 • An "endangered" species is one that is in danger of extinction throughout all or a significant portion of its range. • A "threatened" species is one that is likely to become endangered in the foreseeable future. The ESA works in two stages: (1) the government protects a species from possible extinction, and (2) then it takes steps to restore the species' numbers to the point where it is no longer threatened. ENDANGERED SPECIES ACT 1973 The U.S. Fish and Wildlife Service (& the National Marine Fisheries Service) is required to list a species as threatened or endangered if its existence is threatened by : • (A) the present or threatened destruction, modification, or curtailment of its habitat or range; • (B) over-utilization for commercial, recreational, scientific, or educational purposes; • (C) disease or predation; • (D) the inadequacy of existing regulatory mechanisms; or • (E) other natural or man-made factors affecting its continued existence. Magnuson-Stevens Act • More correctly the Fisheries Conservation and Management Act (1976) • This act governs the management and control of U.S. marine fish populations. • It was intended to protect fish habitat • Ensure collection of reliable data • Conserve and help fish stocks to recover • Establish Regional Fisheries management Councils • It established that US policy shall be seeking permanent ban on the use of destructive fishing practices, in particular large-scale driftnets . • It allows sanctions (in terms of fish imports) against countries using large-scale drift nets. Magnuson-Stevens Act • It also allows powers to close depleted fisheries to allow them to recover. • And also introduce controls on increases in fishing capacity • It also introduced requirement for a conservation plan to reduce by-catches of all sorts • An introduce fines of up to $25,000 to reduce by-catch • Although the act looks great on paper – fish stocks have still declined • The government hasn’t used the Act or its provisions neither effectively enough, nor aggressively enough. MARINE MAMMAL PROTECTION ACT 1972 Under the Marine Mammal Protection Act “Taking” marine mammals is prohibited = killing & harassing Level A Harassment – activity that has the potential to injure a [individual] marine mammal or marine mammal stock in the wild Level B Harassment – activity that has the potential to disturb a [individual] marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering. MARINE MAMMAL PROTECTION ACT 1972 The following acts are also prohibited under the MMPA: • Importing/Transporting/Purchasing/Selling marine mammals or marine mammal products; Exemptions Under Permit May Be Granted for the Following Purposes • Scientific research. • Public display. • Enhancing the survival or recovery of the species or stock. - Also Alaskan natives have some exemptions The MMPA: • Sets up a management regime to reduce marine mammal mortalities and injuries in their interactions with fisheries; • Regulates scientific research in the wild; • Establishes basic requirements for public display of captive marine mammals; • Addresses issues specific to the tuna fishery in the eastern tropical Pacific Ocean; • Creates a management regime for native subsistence hunting of marine mammals in Alaska; and • Regulates the import and export of marine mammals and their products. MARINE MAMMAL PROTECTION ACT 1972 [Marine mammal] "species and population stocks should not be permitted to diminish beyond the point at which they cease to be a significant functioning element in the ecosystem of which they are a part, and, consistent with this major objective, they should not be permitted to diminish below their optimum sustainable population." Section 2(2) of the MMPA (16 USC 1361) • Optimum Sustainable Population (OSP) defined as: "the number of animals which will result in the maximum productivity of the population or the species, keeping in mind the carrying capacity of the habitat and the health of the ecosystem of which they form a constituent element." Section 3(9) of the MMPA (16 USC 1362) If a stock or population/stock is below the OSP or listed as endangered = DEPLETED • The primary government agency responsible for enforcing the MMPA is the National Marine Fisheries Service (NMFS) [NOAA; Department of Commerce]. • Under the MMPA, NMFS is responsible for the management and conservation of whales and dolphins (cetaceans) and pinnipeds other than the walrus. • Walruses, sirenians, sea otters, and polar bears are under the jurisdiction of the U.S. Fish and Wildlife Service (FWS) [Department of the Interior]. • The MMPA also established the Marine Mammal Commission – an independent agency for marine mammal conservation & management advice Other Relevant US Laws • Clean Air Act (1970): Sets goals and standards for the quality and purity of air in the United States. • Clean Water Act (1972): Establishes and maintains goals and standards for U.S. water quality and purity. It has been amended several times, most prominently in 1987 to increase controls on toxic pollutants, and in 1990, to more effectively address the hazard of oil spills. • Coastal Zone Management Act (1972): Provides a partnership structure allowing states and the federal government to work together for the protection of U.S. coastal zones from environmentally harmful overdevelopment. The program provides federal funding to participating coastal states and territories for the implementation of measures that conserve coastal areas. Other Relevant US Laws • Comprehensive Environmental Response, Compensation and Liability Act (1980): Requires the cleanup of sites contaminated with toxic waste. This law is commonly refered to as "Superfund." • Emergency Planning and Community Right-to-Know Act (1986): Requires companies to disclose information about toxic chemicals they release into the air and water and dispose of on land. • Federal Food, Drug, and Cosmetic Act (1938): Is the nation's major law regulating contaminants in food (including fish) including pesticides. • Federal Insecticide, Fungicide, and Rodenticide Act (1947): Controls the sale, distribution and application of pesticides; overhauled by the Food Quality Protection Act. Other Relevant US Laws • Food Quality Protection Act (1996): Is designed to ensure that levels of pesticide residues in food meet strict standards for public health protection. Under this act the EPA protect infants and children from pesticides in food and water. • National Environmental Policy Act (1970): Was the first of the modern environmental statutes. NEPA created environmental policies and goals for the country, and established the President's Council on Environmental Quality. It requires federal agencies conduct thorough assessments of the environmental impacts of all major activities undertaken or funded by the federal government. • Oil Pollution Act (1990): Enacted a year after the Exxon Valdez oil spill. This law requires oil storage facilities and vessels to prepare spill-response plans and provide for their rapid implementation. The law also increases polluters' liability for cleanup costs and damage to natural resources and imposes measures. It also requires a phaseout of single-hulled tankers. • Resource Conservation and Recovery Act (1976): Seeks to prevent the creation of toxic waste dumps by setting standards also includes some provisions for cleanup of existing contaminated sites. • Toxic Substances Control Act (1976): Authorizes the Environmental Protection Agency to regulate the manufacture, distribution, import and processing of certain toxic chemicals.
Pages to are hidden for
"Marine Laws"Please download to view full document