Module 2: laying the foundations for effective national frameworks

1. Developing legal and institutional frameworksfor invasive alien species Module 2: laying the foundations for effective national frameworks

2. what this module covers what decision-makers need to know about invasive species • key issues • reviewing strengths and weaknesses of existing frameworks • ways to mainstream invasives across institutions/legislation • design of legislation (scope, terms, cross-cutting principles) Module 1 laying the foundations for effective national frameworks Module 2 preventing biological invasions Module 3 responding to biological invasions Module 4 getting results: compliance, enforcement and liability Module 5 legal frameworks for cooperation beyond borders Module 6 • key issues

3. role of legal frameworks • provide a regulatory mechanism for defining long-term policy objectives • establish principles, standards and procedures to achieve them • assign responsibility to government authorities and give them the authority to carry out their mandates • establish the institutional structures needed to implement and enforce laws

4. stakeholder involvement concerned sectors (environment, agriculture, border control/quarantine, water, fisheries, trade, transport... + local government, private sector, NGOs, institutions key issues to address common constraints lack of public, political and media awareness fragmented legal and institutional frameworks, outdated/inconsistent laws... gaps in coverage and terminology, poor compliance

5. Step 1. Political decision Step 2. Gather information and produce draft policy Step 3. Develop national policy Step 4. Draft, enact and implement legislation Step 5. Monitor and evaluate system

6. Procambarus clarkii Reasons for possible resistance... Step 1 Political decision • Lack of awareness • Conflicts of interest • Competing priorities • Conflicts/gaps in policy • Lack of coordination • Fears about cost

7. Establish a knowledge base (collect information) Recommend necessary changes Evaluate the knowledge base (analyse information) Step 2 Gather information and produce draft policy

8. Step 2 (a) Identify and assess international commitments IAS are covered by customary international law, binding international instruments and ‘soft law’ codes and recommendations International and regional instruments set out norms and guidelines within which national regulatory frameworks developed

9. Transport & other pathways Biodiversity conservation (CBD, CITES, CMS, Ramsar) Plant & animal health Ballast Water Convention OIE IPPC & EPPO International regulatory framework

10. Step 2 (b) Assess national institutional and regulatory framework Questions to consider: • Scope of framework • Institutions • Decision-making • Integration of IAS into development planning/control • Relations with other countries • Trade • Liability • Flexibility and adaptability

11. mainstreaming IAS:the need for institutional coordination • IAS affect all environmental programmes • engage agricultural and trade communities from start • which institution should take lead role • coordination within and between sectors: support from technical advisory committee • engage local administration too

12. Media & Comms. working group Rapid Response Working group Stake holder engagement Non-native Risk Analysis Panel Monitoring Existing species Horizon scanning New detections example of a cross-sectoral mechanism for IAS coordination Sounding board Forum Non-native Species Secretariat GB Programme Board

13. Step 3 develop policy framework • Policy provides guidance to planners, decision-makers and law-makers • Identify policy choices • Acceptable risk levels • Distribution of responsibility for risks • Should contain: • REALISTIC VISION • Goals and objectives of IAS management • How the goals and objectives to be met (action plans regularly updated...)

14. Step 4 developing appropriate legislation Generic components and requirements: • administrative mechanisms/approaches appropriate to IAS challenges and implementation capacity • authorisation of particular agencies, institutions and officials • establishment of specific prohibitions, restrictions, rights and obligations • development of a regulatory programme for implementation of selected measures • communication of facts to ‘on-the-ground’ officials and the public • protocols and procedures for enforcement

15. steps to invasion interventions aims examples interventions targeting the steps to invasion introduction  establishment  naturalisation/spread  invasion prevention stopping introductions quarantine, blacklists, inoculation, trade/import bans, land use restrictions eradication destroying or removing a new invasion physical removal, chemical eradication, biocontrol containment stopping a new invasion from further spreading confinement of the species, phytosanitary controls, border checks management restoration of established invasions of affected ecosystems periodic clearance, revegetation/ repopulation with native species, landscape restoration interventions targeting ecosystem resilience biodiversity conservation; protected areas; sustainable land and resource management; … etc. … what IAS legal and management frameworks need to cover

16. What kind of legislation is most suitable for your country? specific and comprehensive IAS law no “one size fits all” approach core framework legislation separate sectoral laws consistent with agreed approaches

17. deciding on objectives Rationale for legislation needs to be clearly and easily understood : • prevent or minimise IAS impacts to ecosystems, economies, health • conserve living resources and associated industries; • protect indigenous biodiversity; • promote international and regional cooperation and harmonisation of management practices pertaining to IAS

18. deciding on scope must be broad enough (across all relevant laws) to cover all taxonomic groups and introductions to all ecosystems : • needs to go below species level to cover sub-species and micro-organisms • needs to cover in-country introductions as well as imports; • consistency between relevant laws is essential

19. deciding on definitions keep it simple: only define terms where essential for legal precision : • “introduction” and the question of intention • terminology of origin: defining “alien” and “native” • “invasive” (the notion and degree of threat)

20. cross-cutting principles to underpin national legislation the precautionary principle “Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.”(Rio Declaration on Environment and Development, 1992) Central to IAS management because of the difficulty in predicting invasiveness. Should be applied to: • decision-making on intentional introductions of new alien species • prioritisation of pathway management measures • monitoring and oversight following a first-time introduction • design of control measures

21. cross-cutting principles to underpin national legislation the ecosystem approach • integrated management approach that considers all aspects of a functioning ecosystem: actions with well-defined objectives consider the whole ecosystem and its users • beyond a species-by-species approach to promote the broader goal of maintaining functioning ecosystems with reasonably intact biodiversity

22. cross-cutting principles to underpin national legislation Polluter/User Pays principle The user seeking to conduct the activity that may result in an IAS introduction, and aiming to benefit from it, should bear any costs associated with the process.

23. Step 5 Monitor and evaluate institutional and regulatory framework • assess effectiveness of measures adopted • critical to provide rational basis for future development of law and policy

24. thank you