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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)
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
Free passage for shipping International Seabed Authority regulates seabed mining Law of the Sea Tribunal arbitrates disputes
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.
Its a combination of 2 treaties adopted in 1973 and 1978 - although its 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 worlds 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 dont 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
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
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
CGR3.RES036-REV1
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 Govt vote: 62 yes, 35 No, 17 abst NGO vote: 281 yes, 3 No, 30 abst
CGR3.RES053-REV1
CGR3.RES057-REV1
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 Govt 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 Govt vote: 94 yes, 7 no, 12 abst
CGR3.RES042-REV1
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
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 hasnt used the Act or its provisions neither effectively enough, nor aggressively enough.
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.
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)
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].
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.