Sample Land Heads of Agreement

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					Birth of Environmental Policy
Environmental Policy & POLITICS
Environmental Policy
    and Politics
    An Overview
 Every 4 years The
 Environmental Policy and
 Philosophy of The U.S. are
 subject to Change.
Conservation Issues
• Primary issues
  – Depletion and extinction of species
    (Endangered Species Act)
  – habitat protection
  – Species overabundance
  – Environmental ill health
  – abnormal behavior
  – Deteriorating habitats
  – Invasive Species
Issues
• Secondary issues
  – Extraction and or Introduction, removing natural
    resources
  – Physical alteration
     • Fisheries (Expand)
     • Invasive species
     • Threatened or endangered species
     • Whaling Issues
     • Minerals
     • Petroleum and by-products
Issues Cont.
• Altered Communities and ecosystems

Tertiary issues
   – Carcinogens and endocrine disrupters
   – Harmful algal blooms
   – Anoxic bottom water
   – Mass mortalities, epidemics and pandemics
• Substrate destruction
       • Industrial chemicals and metals
       • Litter and plastics
       • Biological pollution and exotic species
       • Noise, heat and light
         III MECHANISMS
           Species and habitat conservation
–   Migratory Bird Treaty
–   Fur seal treaty
–   International Agreement on the regulation
    of Whaling
–   Marine mammal Protection Act
–   Endangered species Acts; Depleted and
    endangered species: Two primary
    conservation mechanisms advocated: in-
    situ conservation (species protected in
    natural environment)
–   OPA 90 and CERCLA Marine Mammal
    Protection Act
       HISTORY AND EVOLUTION OF THE
      ENDANGERED SPECIES ACT OF 1973


•   Endangered Species
    Preservation Act 1966: listing
    only native species

•   1973 conference in Washington
    DC led to signing of CITES later
    the ESA of 1973 passed
    Congress.
Politics
• The clock has started ticking down (30 days) for
  anyone who wants to comment on the Department of
  Interior's proposed overhaul of the Endangered
  Species Act,

• This would cut out the independent reviews of whether
  a government decision will affect species in danger of
  extinction.

• Threat to Endangered Species Act
  Push for changes in Bush's final months is suspicious
  MECHANISMS CONT.
• Ex-situ conservation (gene banks,
 captive breeding programs at zoos
 aquaria and wildlife Centers).
  – Habitat Conservation
  – Establishment of protected areas
     • National Parks
     • Marine Reserves
     • Coastal-Marine Protected Areas
        – Indian Ocean Whale Sanctuary
        – Convention on the Conservation of
          Antarctic Living Marine Resources
GOVERNANCE

• Give Examples
•        National governance-Congress,
           EPA,NMFS, Coast Guard
•          Regional governance, State
                Environmental
    Departments
•          International governance:
           United Nations, Treaties, IWC,
           NAMCO
NATIONAL – FEDERAL
GOVERNANCE
• Some US Laws and Statutes
NATIONAL GOVERNANCE
      Major United States Federal
      Regimes Affecting Aquatic
              Organisms

• The Marine Mammal Protection Act
    (MMPA) 1972
•   The Sustainable Fisheries Act (SFA),
    1996
•   The National Fishing Enhancement
    Act 1984 (Artificial Reef Act)
•   Fish and Wildlife Act, 1956, and
    associated provisions
    Promulgated with the recognition that
    resources are a living renewable form
    of national wealth
  MORE FEDERAL REGIMES AFFECTING
        AQUATIC RESOURCES
• Fish and Wildlife Coordination Act, 1994

Gives Secretary of the Interior broad authority
  to take action necessary for the
  conservation of fish and wildlife, e.g.
  acquisition of land and water.

• Central, Western and South Pacific
  Development Act, 1972 develop tuna and
  other latent fisheries resources

• Atlantic Salmon Convention Act, 1982 (3 US
  Commissioners
CERCLA
• Site remediation refers to environmental
  cleanup
  (wysiwyg://63/http://es.epa.gov/oeca/osre).

• CERCLA, also known as the Superfund, and
  OPA 90 are statutes that address the release
  or threat of release of hazardous substances
  into the environment. deals with the response
  of hazardous substances being released or a
  threat of being released.
 Sometime Disasters Result in
        Legislation
The Exxon Valdez, Grounded on Bligh Reef Alaska
  (March 24, 1989 spilling 267,000 barrels of crude
  oil )
• Shortly after leaving the Port of Valdez, the Exxon
  Valdez ran aground on Bligh Reef. just before a
  storm arrived. Who was in Charge?

Massive Kill of 100’s thousand dolphins in Tuna
  Purse Seine Fishery
• Marine mammal Protection Act of 1972
Oil Super Tanker Exxon
Valdez Aground on Bligh
          Reef
OPA 90
• The Oil Pollution Act of 1990 (OPA 90)
    was signed into law in August of 1990,
    largely in response to rising public
    concern following the Exxon Valdez oil
    spill.
•    On March 24, 1989, the Exxon Valdez
    struck Bligh Reef in Prince William
    Sound, Alaska spilling 267,000 barrels
    of crude oil
    (http:www.epa.gov/oilspill/opaover.htm
    l).
•    The spill posed a severe threat to the
    valuable ecosystem of Prince William
    Sound and surrounding areas.
Massive Kill of Dolphins in
Tuna Purse Seine Fishery
         1960’s
MARINE MAMMAL PROTECTION ACT
             of 1972
TITLE 16 - CONSERVATION
CONSERVATION AND PROTECTION OF
   MARINE MAMMALS
• Moratorium on taking and importing
   marine mammals and marine
   mammal products.
• Prohibitions.
• Regulations on taking of marine
   mammals.
• Permits.
• Penalties.
      GLOBAL MORATORIUM TO
      PROHIBIT CERTAIN TUNA
      HARVESTING PRACTICES
• Findings and policy.
• International dolphin conservation
    program.
•   Regulatory authority of the Secretary.
•   Research.
•   Reports by the Secretary
•   Permits.
•   Prohibitions.
REGIONAL GOVERNANCE

• Management of Environmental issues
  by nations that share similar
  conditions, space and resources
• Examples: Convention for the
  Protection and Development of the
  Marine Resources of the wider
  Caribbean. (Cartgena convention
  (1983). USSR and USA Agreement on
  Environment of North Pacific, 1974
       INTERNATIONAL
        GOVERNANCE
• International governance is global
 in scope and guided by
 cooperative agreements.

• Most difficult to enforce due to
 sovereignty issues
         MECHANISMS IN
       INTERNATIONAL LAW
• Agreement: two or more nations or
    heads of nations, convention,
    Declaration, International law,
    protocol, Ratification, Regime
    Resolution, Treaty.
•   Convention: Agreement concluded
    among States on matters of vital
    importance; often used in lieu of a
    treaty, usually limited to agreements
    sponsored by an international
    organization
      MORE DEFINITIONS IN
      INTERNATIONAL LAW
• Declaration: a document whose
    signatories express their agreement
    with a set of objectives and principles.
    Not binding.
•   Protocol: An agreement that
    completes, supplements, amends,
    elucidates, or qualifies a treaty or
    convention; has the same legal force
    as the initial document. (Kyoto
    Protocol)
           REGIMES

• Regime: arrangements that
 contain agreed upon strategies,
 principles, norms, rules, decision
 making procedures and program
 that govern interaction of
 participants in specific areas
 such as fishing, trade, scientific
 research etc.
              TREATY

• From the Latin tractere, to treat:
 an agreement entered into by two
 or more nations or heads of
 nations; intendeds to be legally
 binding; requires ratification.
          EXAMPLES

• International Convention on the
 Regulation of Whaling. ICRW 1946

• Convention on International Trade
 in Endangered Species. CITES

• Governing Agreement on Tariffs
 and Trade.
IV-V THE POLICY MAKING
        PROCESS
     NON-GOVERNMENTAL
       ORGANIZATION
Increased Post WW II
United Nations Sponsored
• International Union for the conservation of
  Nature and Natural Resources IUCN
• RIO Conf. 1992 Importance of Bio Diversty
• CITES; Convention on International Trade of
  Endangered species
  Environmental Action Groups,
• Humane Society, Green Peace, Earth Island
  Institute, Izaak Walton League etc.
              SCIENCE
• Instrumental in Conservation from at
    least 1700’s
•   UNCLOS
•   ICES-International council for
    Exploration of the Seas.
•   SCAR-Scientific committee on
    Antarctic Research
•   IOC-Intergovernmental Oceanographic
    Commission
•   Several Scientific Societies
 RISE OF CONSERVATION
AND FUNDING FOR SCIENCE
• 1940-60: Writing of Conservationist and
    Scientists –Our plundered Planet,
    Limits of the Earth, Silent Spring.
•   1970-80’s: Environmental Decade:
    Resource depletion, pollution resulted
    in Significant Legislation- Clean Water
    Act, NEPA, MMPA, ESA.
•   Post-Rio 1990’s Convention on Bio-
    Diversity
•   21st Century Challenge of Sustainable
    Use. Emphasis on Coastal Ecosystems
      SAMPLE OF A MAJOR
           FOCUS
• Coastal-realm attributes
  – Occupies 18% of Earth’s surface, 8% of
    ocean surface
  – Provides up to 59% of global denitrification,
    80% of global Organic matter burial
  – Supplies approximately 25% of global
    productivity, 14% of global ocean
    production and approximately 90% of
    worlds fish catch
  – Hosts 50% of the Worlds people and 2/3rds
    of worlds cities of more than 1.6
    million people.
Anoxic Areas of The World
       Shaded   Areas on Map Anoxic

				
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