Marine Laws

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Marine Laws
Conventions
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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)

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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

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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

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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

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EEZs of the world
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EEZ of United States
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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)

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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    

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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
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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.
MARPOL
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)
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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
MARPOL

• 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

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• 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 - lt1
  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.

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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.

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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.      

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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

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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

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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

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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)

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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 developmentof 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.

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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
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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.

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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.

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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.

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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.

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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
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CGR3.RES029-REV1Antarctica 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 Govt and NGO houses

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CGR3.RES036-REV1IUCN 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

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CGR3.RES051-REV1The 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

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CGR3.RES053-REV1Undersea 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 wasnt a problem
• Govt vote 51 yes, 0 no, 27 abst

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CGR3.RES057-REV1Conservation and sustainable
management of high seas biodiversity

• Create a global representative network of Marine
  Protected Areas by 2012
• Japan publicly against
• Govt vote 69 yes, 8 no, 9 abst

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CGR3.RES076-REV1Urgent 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

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CGR3.REC034-REV1Shark 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

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CGR3.RES042-REV1Adapting 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
• Govt vote 119 yes, 0 no, 13 abst

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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.

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• 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.

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US Laws
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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.

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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.

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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.

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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.

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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.

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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

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• 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.

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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)

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If a stock or population/stock is below the OSP
or listed as endangered DEPLETED

• 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)

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• 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

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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.

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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.

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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.

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• 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.

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