Lecture 10: Environmental Law and the Future of Marine Conservation

1. Lecture 10: Environmental Law and the Future of Marine Conservation

2. Clean Water Act (1972) • Primary federal law governing water pollution • CWA “establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters” (EPA) • Allowed for implementation of pollution control programs such as setting wastewater standards for industry and water quality standards for all contaminants in surface waters. • Made it unlawful to discharge any pollutant from a point source into navigable waters without a permit

3. Legislation and Programs Protecting Biodiversity

4. National Marine Sanctuaries Program (NOAA) • Established by the Marine Protection, Research and Sanctuaries Act whichwas passed by Congress on Oct 23, 1972 • Serves as the trustee for a network of 14 marine protected areas (13 national marine sanctuaries and the Papahānaumokuākea Marine National Monument) • System encompasses more than 170,000 square miles of marine and fresh waters (Great Lakes)

8. National Estuarine Reserve System • Established by the Coastal Zone Management Act (1972), the reserve system is a partnership program between the NOAA and the coastal states • Protects over 1.3 million acres in 28 reserves in 22 states and Puerto Rico • Reserves are protected for long-term research, water-quality monitoring, education and coastal stewardship.

10. National Wildlife Refuge System • President Theodore Roosevelt designated Florida’s Pelican Island as the first wildlife refuge in 1903 • Over 560 national wildlife refuges and 38 wetland management districtsin system and other protected areas encompassing 150 million acres of land and water from the Caribbean to the remote Pacific • National wildlife refuges provide habitat for: • 700+ species of birds • 220 species of mammals • 250 reptile and amphibian species • 1,000 species of fish • 380+ threatened or endangered plants or animals are protected on wildlife refuges. • Annually, millions of migrating birds use refuges as stepping stones on their migratory route

11. Endangered Species Act (1973) • Protects endangered and threatened species and their habitats by prohibiting the “take” of listed animals and the interstate or international trade in listed plants and animals, including their parts and products, except under Federal permit (generally issued for conservation and scientific purposes) (FWS) • Endangered species = a species in danger of extinction throughout all or a significant portion of its range • Threatened species = a species that is likely to become an endangered species within the foreseeable future • Candidate species = These are species for which the FWS has enough information to warrant proposing them for listing but is precluded from doing so by higher listing priorities. ESA Video

12. Endangered Species Act • Approximately 2,150 species are listed as endangered or threatened under the ESA. • Of these species, about 625 are foreign species, found only in areas outside of the U.S. and our waters. • NOAA has jurisdiction over 98 endangered and threatened marine species, including 25 foreign species and works with U.S. Fish and Wildlife Service (USFWS) to manage ESA-listed species.

13. Endangered Species Act • Factors considered when evaluating a species for listing: • 1)damage to, or destruction of, a species’ habitat • 2) overutilization of the species for commercial, recreational, scientific, or educational purposes • 3) disease or predation • 4) inadequacy of existing protection • 5) other natural or manmade factors that affect the continued existence of the species

14. Endangered Species Act • Marine species protected in the U.S. include: • All 6 U.S. species of sea turtles • 20 marine mammals • Elkhorn and staghorn corals (only marine inverts listed in US) • Johnson’s seagrass Halophilajohnsonii(only marine plant listed) • 8 endangered albatross populations • 2 species of gulls • 8 populations of salmon and sturgeons

15. Marine Mammal Protection Act (1972) • Was the first legislation that called for an ecosystem approach to natural resource management and conservation. • All marine mammals are protected under the MMPA • “The MMPA prohibits, with certain exceptions, the "take" of marine mammals in U.S. waters and by U.S. citizens on the high seas, and the importation of marine mammals and marine mammal products into the U.S.” (NMFS) • Example of exception: • Alaska Natives may hunt marine mammals for subsistence purposes, and may possess, transport, and sell marine mammal parts and products

16. Fisheries Conservation and Management Act (1976) • Referred to as the Magnuson–Stevens Act • Established a 200-mile fishery conservation zone (this concept was later dropped and the geographical area of coverage was later changed to the EEZ, with the inner boundary being the seaward boundary of the U.S.) • Established Regional Fishery Management Councils comprised of Federal and State officials, including the Fish and Wildlife Service

17. Fisheries Conservation and Management Act • The most recent version, authorized in 2007, includes seven purposes: • 1.Acting to conserve fishery resources • 2.Supporting enforcement of international fishing agreements • 3.Promoting fishing in line with conservation principles • 4.Providing for the implementation of fishery management plans (FMPs) which achieve optimal yield • 5.Establishing Regional Fishery Management Councils to steward fishery resources through the preparation, monitoring, and revising of plans which (A) enable stake holders to participate in the administration of fisheries and (B) consider social and economic needs of states. • 6.Developing underutilized fisheries • 7.Protecting essential fish habitats • The law calls also for reducing bycatch and establishing fishery information monitoring systems. (USFWS)

18. U.S. Presidential Executive Order 13158 (2000) • Directed the Department of Commerce to work with the Department of the Interior, other federal agencies, states, territories, tribes and stakeholders to establish a national system of MPAs to integrate and enhance the nation’s MPAs • Purpose of this order is to, consistent with domestic and international law: • (a) strengthen the management, protection, and conservation of existing marine protected areas and establish new or expanded MPAs; • (b) develop a scientifically based, comprehensive national system of MPAs representing diverse U.S. marine ecosystems, and the Nation's natural and cultural resources; and • (c) avoid causing harm to MPAs through federally conducted, approved, or funded activities. www.doe.gov

19. A Call to Action • Ongoing and Future Threats to the Oceans • Overexploitation of species • Physical alteration of ecosystems • Pollution • Introduction of non-native species • Global climate change

20. Steps for the Future 1. Identify and provide effective protection to all populations of marine species that are significantly depleted or declining, take all measures necessary to allow their recovery, minimize bycatch, end all subsidies that encourage overfishing and ensure that use of marine species is sustainable in perpetuity (Marine Conservation Biology Institute)

21. Steps for the Future 2. Increase the number and effectiveness of marine protected areas so that 20% of Exclusive Economic Zones and the High Seas are protected from threats by 2020 3. Ameliorate or stop fishing methods that undermine sustainability by harming the habitats of economically valuable marine species and the species they use for food and shelter (Marine Conservation Biology Institute)

22. Steps for the Future • 4. Stop physical alteration of terrestrial, freshwater and marine ecosystems that harms the sea, minimize pollution discharges at sea or entering the sea from the land, curtail introduction of alien marine species and prevent further atmospheric changes that threaten marine species and ecosystems (Marine Conservation Biology Institute)

23. Steps for the Future • 5. Provide sufficient resources to encourage natural and social scientists to undertake marine conservation biology research needed to protect, restore and sustainably use the sea. (Marine Conservation Biology Institute)

24. On the Future of Conservation Biology – E.O. Wilson • 1. “a renaissance of systematics and natural history” • Specifically, the description and mapping of the world biota. • 2. “If conservation biology is to mature into an effective science, pure systematics must be accompanied by a massive growth of natural history.” • Stresses the importance of naturalists • 3. “Systematics and natural history also form the requisite empirical base for population viability analyses (PVAs), which are key instruments for predicting the future of species at risk and devising means for pulling them back to safety.”

25. The Encyclopedia of Life • The Encyclopedia of Life (www.eol.org)