Birth of Environmental Policy

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Birth of Environmental Policy
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Environmental Policy POLITICS
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Environmental Policy and PoliticsAn Overview

• Every 4 years The Environmental Policy and
  Philosophy of The U.S. are subject to Change.

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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

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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

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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

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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

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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.

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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 ActPush for changes
  in Bush's final months is suspicious

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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

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GOVERNANCE

• Give Examples
• National governance-Congress, EPA,NMFS, Coast
  Guard
• Regional governance, State Environmental
  Departments
• International governance United
  Nations, Treaties, IWC, NAMCO

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NATIONAL FEDERAL GOVERNANCE

• Some US Laws and Statutes

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NATIONAL GOVERNANCEMajor 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

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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

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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.

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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 100s thousand dolphins in Tuna
  Purse Seine Fishery
• Marine mammal Protection Act of 1972

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Oil Super Tanker Exxon Valdez Aground on Bligh
Reef
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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 (httpwww.epa.gov/oil
  spill/opaover.html).
• The spill posed a severe threat to the valuable
  ecosystem of Prince William Sound and surrounding
  areas.

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Massive Kill of Dolphins in Tuna Purse Seine
Fishery1960s
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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.

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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.

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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

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INTERNATIONAL GOVERNANCE

• International governance is global in scope and
  guided by cooperative agreements.
• Most difficult to enforce due to sovereignty
  issues

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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

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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)

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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.

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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.

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EXAMPLES

• International Convention on the Regulation of
  Whaling. ICRW 1946
• Convention on International Trade in Endangered
  Species. CITES
• Governing Agreement on Tariffs and Trade.

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IV-V THE POLICY MAKING PROCESS
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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.

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SCIENCE

• Instrumental in Conservation from at least 1700s
• UNCLOS
• ICES-International council for Exploration of the
  Seas.
• SCAR-Scientific committee on Antarctic Research
• IOC-Intergovernmental Oceanographic Commission
• Several Scientific Societies

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RISE OF CONSERVATION AND FUNDING FOR SCIENCE

• 1940-60 Writing of Conservationist and
  Scientists Our plundered Planet, Limits of the
  Earth, Silent Spring.
• 1970-80s Environmental Decade Resource
  depletion, pollution resulted in Significant
  Legislation- Clean Water Act, NEPA, MMPA, ESA.
• Post-Rio 1990s Convention on Bio-Diversity
• 21st Century Challenge of Sustainable Use.
  Emphasis on Coastal Ecosystems

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SAMPLE OF A MAJOR FOCUS

• Coastal-realm attributes
• Occupies 18 of Earths 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.

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Anoxic Areas of The World

• Shaded Areas on Map Anoxic