18 -Marine Laws & Conventions

8/2/2019 18 -Marine Laws & Conventions

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1609 Hugo Grotius urged for Mare Liberum

or Freedom of the Sea

He assumed the seas resources (ie, fish) werean inexhaustible supply

Who Owns the Seas?

1702 Cornelius van Bynkershoek publishedDe dominio maris

It outlined the concept ofTerritorial Sea thecoastal are that could be defended bycannons (3 nm)


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In response to new technology that allowedthe mining of the sea floor

1958 - United Nations Conference on theLaw of the Sea

Who Owns the Seas?

Mineral mining rights on the continental shelfgiven to the adjacent nation

But the definition of continental shelf waspoorly defined

The law still very ambiguous


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1973-1982: a new Law of the Sea developed Passed by 130 votes to 4

US was against the law

Who Owns the Seas?

Although the US signed the treaty in 1994 ithas not ratified it.

i.e. the US has not introduced and adopted theregulations 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

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 highseas, must be carried out at a sustainable level (Art. 61 &119)

The Convention also highlights migratory speciesconservation (such as marine mammals) stating that:

members states must co-operate to conserve, manage andstudy 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 thecase ofcetaceans shall in particular work through theappropriate international organisations for theirconservation, 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 Conventionfor 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 ofpollution of the marine environment by ships.

MARPOL

s a com na on o rea es a op e nand 1978 - although its been updated by

amendments through the years.

2 November 1973 - The International Convention

for the Prevention of Pollution from Ships

(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

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

Liquid Substances in Bulk

Annex III Prevention of Pollution by Harmful Substances Carriedby 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, especiallyspillages during normal operations rather than catastrophic accidents.

The 1973 Convention required ratification by 15 States, with a combined merchantfleet of about 50% of the worlds shipping (by tonnage) But by 1976, only three countries had ratified the convention - Jordan, Kenya and

Tunisia -


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MARPOL Annex IThis 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 cargocarrying capacity of the vessel;

and no discharge of any oil whatsoever must be made from the cargospaces of a tankerwithin 50 miles of the nearest land.

Also the 1973 Convention was the concept of "special areas"-within them have been completely prohibited, with minorand well-defined exceptions.

The 1973 Convention identified the Mediterranean Sea, the Black Sea, andthe Baltic Sea, the Red Sea and the Gulfs area as special areas.

Also new oil tankers should have segregated ballast tanks thatdont need the carrying of ballast water in cargo oil tanks.

Secondly, new oil tankers should have subdivided hulls andother structural measures so that they can survive afterdamage by collision or running aground.


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MARPOL Annex II

Annex II: Control of pollution by noxious liquidsubstances (entered into force 6 April 1987)

Annex II details the discharge criteria and ways tocontrol noxious liquid substance pollution

Some 250 substances were evaluated

rg u n w n yreception facilities until certain conditions are compliedwith.

In any case, no discharge of residues containing

noxious substances is permitted within 12 miles of thenearest land.

More stringent restrictions applied to the Baltic andBlack Sea areas.


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MARPOL Annex VMARPOL Annex V restricts the discharge of vesselgenerated garbage and for the US it means that:

The discharge ofall garbage is prohibited in the navigablewaters of the United States and, in all waters, within three

o e neares an .

Packing materials that float - disposal prohibited less than25 miles from nearest land.

Underground Garbage Disposal prohibited less than 12miles 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 Developmentand The UnitedNations Convention on Biolo ical Diversit CBD 29th

December 1993 Several articles in the Rio Declaration are of particularrelevance to marine conservation - in particular Article 6which calls on contracting parties to:

Develop national strategies, plans or programmes forthe conservation and sustainable use of biologicaldiversity


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As an initial step, parties were requested to identifyimportant components of biodiversity in terms ofhabitats and species and evaluate and monitorboth them and the threats that they face (Art 7)

United Nations Convention on

Biological Diversity (CBD)

biologically important habitats such as salt marshes andcoral reefs

The CBD goes on to specifically mention the needand obligation for contracting parties to establishsystems of protected areas (or areas wherespecial 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 wasintroduced to protect migrating and highly mobile

species. The convention encourages signatories to develop

multilateral agreements for species that crossednational borders.

Priority species under the convention are under Appendix I(migratory species threatened with extinction)or Appendix II (migratory species that would significantly benefitfrom international co-operation)

The CMS has helped progress some major regionalconservation agreementsFor 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 andMediterranean Seas (ACCOBAMS)


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ASCOBANSAs an example of the conservation actions/value ofa CMS agreement ASCOBANS required members towork to:

(a) the prevention of the release of substances whichare a potential threat to the health of the [smallcetaceans],

(b) the developmentof modifications of fishing gearand fishing practices in order to reduce by-catches andto prevent fishing gear from getting adrift or beingdiscarded at sea,

(c) the effective regulation of activities whichseriously 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) isan international body consisting of

61 sovereign states,

128 government agencies and416 NGOs

The IUCN assesses the conservation status

of species and produced Red Data Lists onthose 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 survivein cultivation, in captivity or as a naturalised population (or populations) well outside the pastrange. CRITICALLY ENDANGERED (CR) - A taxon is Critically Endangered when it is facingan 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 isfacing 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 orEndangered 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 thecriteria 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 taxonqualifying 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 NearThreatened.

DATA DEFICIENT (DD)A taxon is Data Deficient when there is inadequate information tomake a direct, or indirect, assessment of its risk of extinction. Listing of taxa in this categoryindicates 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 ofoccupancy 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.

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 than50 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


(B) Extent of occurrence estimated to be less than 5000 km2or area ofoccupancy 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.

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 than250mature individuals) (b) all individuals are in a single subpopulation

D) Population estimated to number less than 250mature 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


(B) Extent of occurrence estimated to be less than 20,000 km2or areaof 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

.

(C) Population estimated to number less than 10,000matureindividuals and either:

1) An estimated continuing decline of at least 10% within 10 years or 3generations, or

2) A continuing decline in numbers of mature individuals and population structureis (a) severely fragmented (i.e. no subpopulation estimated to contain more than1000mature individuals) (b) all individuals are in a single subpopulation

D) Population estimated to number less than 1000mature individuals.

E) Analysis shows the probability of extinction in the wild is at least10% 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-REV1

Antarctica and the Southern Ocean

Stop illegal unreported and unregulatedfishing around Antarctica

-

long-line fishing

Japan Foreign Ministry had problems withthis resolution

Passed by 94% both Govt and NGO houses


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CGR3.RES036-REV1

IUCN Guidelines for protected areas

management categories

Norway added marine componentamendment to text

undertake, as a priority, a reviewand 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-REV1

The protection of seamounts, deep seacorals and other vulnerable deep sea

habitats from destructive fishing practices,

including bottom trawling, on the high seas

This was the most contentious issue debated

Calls UN General Assembly for a moratoriumon 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-REV1

Undersea Noise Pollution

Monitor for and investigate the impacts on

marine species Consider how to limit the use of powerful noisesources until their short-term and long-term

U.S. submitted a statement in writing essentiallystating that noise wasnt a problem

Govt vote: 51 yes, 0 no, 27 abst


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CGR3.RES057-REV1

Conservation and sustainablemanagement of high seas

biodiversity

Create a global representative networkof Marine Protected Areas b 2012

Japan publicly against Govt vote: 69 yes, 8 no, 9 abst

CGR3 RES076 REV1


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CGR3.RES076-REV1

Urgent measures to secure

survival of the criticallyendangered Western Gray Whales

(Eshchrichtius robustus) Urges all range states (Russian

e era on, epu c o orea, na,Japan) to immediately develop andimplement action plans



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CGR3.REC034-REV1

Shark Finning

Urges states to support a resolution

adoption in UN General Assembly for aban on shark finning


CGR3 RES042 REV1


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CGR3.RES042-REV1

Adapting to climate change: a framework

for conservation action

Requests IUCN to establish a working group Gather information on existing strategies,

,

Calls upon IUCN members to adjust andincorporate the impacts of climate changeinto their strategies



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The international wildlife trade is worth billions of

dollars

and has been responsible for the decline of anumber of animal/plant species

CITES

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 byinternational commercial trade.

These species may not be traded internationally for

commercial purposes.e.g. blue & sperm whales, Yangtze & Indian river dolphins

A endix II includes those s ecies that althou h

not necessarily threatened with extinction, maybecome 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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An "endangered" species is one that is in

danger of extinction throughout all or asignificant portion of its range.

A "threatened" s ecies is one that is likel to

ENDANGERED SPECIES ACT 1973

become endangered in the foreseeablefuture.

The ESA works in two stages:

(1) the government protects a species from possibleextinction, and

(2) then it takes steps to restore the species' numbers

to the point where it is no longer threatened.


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The U.S. Fish and Wildlife Service (& the National MarineFisheries Service) is required to list a species asthreatened or endangered if its existence is threatenedby :

(A) the present or threatened destruction,

ENDANGERED SPECIES ACT 1973

,

(B) over-utilization for commercial, recreational,scientific, or educational purposes;

(C) disease or predation;

(D) the inadequacy of existing regulatorymechanisms; or

(E) other natural or man-made factors affecting its

continued existence.


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Magnuson-Stevens Act

More correctly the Fisheries Conservation andManagement 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) againstcountries using large-scale drift nets.


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Magnuson-Stevens Act

It also allows powers to close depleted fisheries to allowthem to recover.

And also introduce controls on increases in fishingcapacity

It also introduced requirement for a conservation plan toreduce 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 stockshave still declined

The government hasnt used the Act or its provisionsneither effectively enough, nor aggressively enough.

MARINE MAMMAL PROTECTION


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ACT 1972Under the Marine Mammal Protection Act Takingmarine mammals is prohibited

= killing & harassing

Level A Harassment activity that has the potential to

stock in the wildLevel B Harassment activity that has the potential to

disturb a [individual] marine mammal or marine mammal

stock in the wild bycausing disruption of behavioral patterns,

including, but not limited to,

migration, breathing, nursing, breeding, feeding, or

sheltering.



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ACT 1972

The following acts are also prohibited under the MMPA:

Importing/Transporting/Purchasing/Selling marinemammals or marine mammal products;

x mp ns n r rm y r n r

Following Purposes Scientific research. Public display. Enhancing the survival or recovery of the species or

stock.

- Also Alaskan natives have some exemptions

Th MMPA


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The MMPA:

Sets up a management regime to reducemarine mammal mortalities and injuries intheir interactions with fisheries;

Regulates scientific research in the wild; Establishes basic requirements for publicdisplay of captive marine mammals;

Addresses issues specific to the tuna fisheryin the eastern tropical Pacific Ocean;

Creates a management regime for nativesubsistence hunting of marine mammals inAlaska; and

Regulates the import and export of marinemammals and their products.



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[Marine mammal] "species and population

stocks should not be permitted to diminishbeyond the point at which they cease to be


ACT 1972

ecosystem of which they are a part, and,consistent with this major objective, they

should not be permitted to diminish below

theiroptimum sustainable population."Section 2(2) of the MMPA (16 USC 1361)

O ti S t i bl P l ti (OSP)


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Optimum Sustainable Population (OSP)

defined as:"the number of animals which will result inthe maximum productivity of thepopulation or the species, keeping in mindthe carrying capacity of the habitat and the

If a stock or population/stock is belowthe OSP or listed as endangered

= DEPLETED

health of the ecosystem of which they forma constituent element."Section 3(9) of the MMPA (16 USC 1362)

The primary government agency responsible


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p y g g y pfor enforcing the MMPA is the

National Marine Fisheries Service (NMFS)[NOAA; Department of Commerce].

Under the MMPA, NMFS is responsible for themanagement and conservation of whales anddolphins (cetaceans) and pinnipeds other thanthe walrus.

Walruses, sirenians, sea otters, and polarbears are under the jurisdiction of the U.S.Fish and Wildlife Service (FWS)[Department of the Interior].

The MMPA also established theMarine Mammal Commission

an independent agency for marine mammalconservation & management advice

Oth R l t US L


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Other Relevant US Laws

Clean Air Act (1970): Sets goals and standards for thequality and purity of air in the United States.

Clean Water Act (1972): Establishes and maintainsgoals and standards for U.S. water quality and purity. Ithas been amended several times, most prominently in

,

1990, to more effectively address the hazard of oil spills.

Coastal Zone Management Act (1972): Provides apartnership structure allowing states and the federal

government to work together for the protection of U.S.coastal zones from environmentally harmfuloverdevelopment.The program provides federal funding to participatingcoastal states and territories for the implementation of

measures that conserve coastal areas.



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Comprehensive Environmental Response,Compensation and Liability Act (1980): Requires thecleanup 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 informationabout toxic chemicals they release into the air and water

and dispose of on land.

Federal Food, Drug, and Cosmetic Act (1938): Is thenation's major law regulating contaminants in food

(including fish) including pesticides. Federal Insecticide, Fungicide, and Rodenticide Act

(1947): Controls the sale, distribution and application ofpesticides; overhauled by the Food Quality Protection

Act.



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Food Quality Protection Act (1996): Is designed toensure that levels of pesticide residues in food meetstrict standards for public health protection. Under this

act the EPA protect infants and children from pesticidesin food and water.

first of the modern environmental statutes.NEPA created environmental policies and goals for thecountry, and established the President's Council onEnvironmental Quality.

It requires federal agencies conduct thoroughassessments of the environmental impacts of allmajor activities undertaken or funded by the federalgovernment.

Oil Pollution Act (1990): Enacted a year after the Exxon


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( ) yValdezoil spill. This law requires oil storage facilities and

vessels to prepare spill-response plans and provide fortheir rapid implementation.The law also increases polluters' liability for cleanupcosts and damage to natural resources and imposes

measures.It also requires a phaseout of single-hulled tankers.

Seeks to prevent the creation of toxic waste dumps bysetting standards also includes some provisions forcleanup of existing contaminated sites.

Toxic Substances Control Act (1976): Authorizes theEnvironmental Protection Agency to regulate themanufacture, distribution, import and processingofcertain toxic chemicals.


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18 -Marine Laws & Conventions

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