Legislation. Lisa T. Ballance Marine Mammal Biology SIO 133 Spring 2013

Transcription

1 Legislation Lisa T. Ballance Marine Mammal Biology SIO 133 Spring 2013

2 Really Quickly: Marine Mammal Legislation The big two: the Marine Mammal Protection Act and the Endangered Species Act International institutions, conventions, and agreements The Tuna-Dolphin issue Ecosystem-Based Management

3 The Big Two: Marine Mammal Protection Act (MMPA) Maintain health and stability of the marine ecosystem Ensure marine mammal stocks are maintained as functioning elements of the ecosystem (or recover them to that state) Optimum Sustainable Population size; below this level stocks are considered depleted Avoid extinction for species of special concern Increase knowledge of ecology and population dynamics Seek and build international cooperation toward marine mammal conservation

4 Key Provisions Prohibit take unless permitted or under exception. Require annual Stock Assessment Reports for all marine mammals in US waters. To include range, population estimate, productivity, human caused mortality, potential biological removal (the maximum number of individuals from a stock that can be removed, other than due to natural causes, and still allow the stock to reach OSP) Public input through comment period and Scientific Review Group review Require research and monitoring of all marine mammals in US waters and of dolphins affected by the tuna purse-seine fishery in the eastern tropical Pacific. Strive for zero mortality incidental to commercial fisheries. Restrict importation of seafood products that don t meet US bycatch standards. Establish Marine Mammal Commission as oversight body. Implement precautionary principle and burden of proof on those doing harm.

5 The Big Two: Endangered Species Act (ESA) Goal: the conservation of species that are endangered or threatened throughout all or a significant portion of their range, and the conservation of the ecosystems on which they depend

6 Key Provisions: Section 4 - Listing Listing / de-listing determinations (e.g., Threatened, Endangered) must be made based on best available scientific information; no economic considerations Listed taxa (species, subspecies, DPSs) must meet five factors: 1) present or threatened destruction, modification, or curtailment of habitat or range 2) overutilization for commercial, recreational, scientific, or educational purposes 3) disease or predation 4) inadequacy of existing regulatory mechanisms and 5) other natural or manmade factors affecting continued existence Listed taxa required to have recovery plan Listed taxa required to have agency-designated Critical Habitat (must consider economic impacts) Areas within a species current range that contain physical or biological features essential to its conservation or that require special management; and Areas outside a species current range essential to its conservation Listing status reviewed every five years De-listed taxa must be monitored

7 Key Provisions: Section 7 - Jeopardy Requires that federal actions (carried out, funded, permitted, etc.) be evaluated to ensure they do not jeopardize the continued existence of listed species or adversely modify critical habitat

8 International Aspects Section 4 Permits listing species even if they are not present in the US (e.g., western Pacific gray whales, vaquita) Section 8 Allows Congress to fund other countries to establish conservation programs for listed species and their habitats CITES: promotes conservation through prohibition on international trade of endangered species, but does not address take Section 9 prohibits imports and exports of endangered species, and prohibits individuals under US jurisdiction from engaging in endangered species commerce

9 Courtesy Jeremy Rusin

10 Courtesy Jeremy Rusin

11 Courtesy Jeremy Rusin

12 Courtesy Jeremy Rusin

13 Courtesy Jeremy Rusin

14 Some International Conventions, Institutions, and Agreements International Whaling Commission (IWC) Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) International Union for the Conservation of Nature (IUCN) Convention on the Conservation of Migratory Species of Wild Animals (CMS) Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR) Inter-American Tropical Tuna Commission

15 Additional Reading Conservation Efforts in Encyclopedia of Marine Mammals, second edition Conservation and Management of Marine Mammals. J.R. Twiss, Jr. and R.R. Reeves (eds.) 1999.

16 The Tuna-Dolphin Issue: US Roots Fishermen (largely a US fleet) begin to target dolphins to locate and capture the tuna swimming below. Dolphins and tuna are encircled in a purse seine, a cylindrical net ~ 600 ft deep, that is pursed shut. This practice, known as Dolphin fishing, results in deaths of millions of ETP dolphins The MMPA is enacted, in large part, due to this US-caused issue. The MMPA requires observers on US vessels to monitor dolphin deaths and imposes annual mortality limits and gear restrictions in order to attain mortality levels approaching zero Mortality in the US fleet declines to ~ 20,000 / yr.

17 T-D Becomes an International Issue 1980s - Despite success of MMPA reducing mortality in US fleet, effort and mortality transferred to international fleet MMPA amendment imposes ban on yellowfin tuna imports US Department of Commerce establishes Dolphin Safe label (tuna not caught by setting on dolphins). Dolphin mortality recorded by observers in all fleets decreases by 99% International Dolphin Conservation Program established ; US commits to relaxing dolphin-safe labeling standard (? no dolphins directly killed.?) MMPA amended with International Dolphin Conservation Program Act (IDCPA) Agreement on the International Dolphin Conservation Program: binding agreement to which the US and 14 others are Parties (with expectation of labeling change).

18 T-D: Science is Asked to Step Up IDCPA requires a suite of research projects: Does the purse-seine fishery have a significant adverse impact on depleted dolphin populations? Mandated research includes ecosystem effects, direct and indirect effects of fishery (stress, disturbance), population assessment The Final IDCPA Science Report is equivocal on the significant adverse impact question, though some results are consistent with this conclusion (dolphin stocks still depleted, ecosystem changes not thought capable of inhibiting recovery, stress response documented in some fishery- killed animals). Final agency determination is no significant adverse impact on dolphins by the fishery. Dolphin Safe label allows for setting on dolphins, but no direct kill. Earth Island Institute files lawsuit against NMFS challenging this conclusion and accusing agency of basing decision on political considerations rather than science and neglecting the MMPA burden of proof standard Agency decision is overturned by Ninth Circuit Court of Appeals. Dolphin Safe label definition remains as initially implemented (no setting on dolphins).

19 T-D: Current Challenges ETP dolphins are not showing any clear signs of recovery despite drastic reductions in mortality. The Parties to the Agreement on the International Dolphin Conservation Program are unhappy the US has not been able to relax dolphin-safe standards despite all of their efforts to reduce direct mortality, and threaten to leave the Agreement. ETP fishing nations (and some in the US) believe this is no longer a US issue. Some Parties to the Agreement also feel they have upheld their commitment to reduce mortality (at a significant cost), and recovery is not a requirement Mexico files suit against US for unfair trade restrictions against tuna caught on dolphins. Case is heard by the World Trade Organization and the final ruling upholds (partially) Mexico s claim. Appeal results in US applying dolphin-safe standards to tuna fisheries worldwide

20 Legislation: Take-home Messages Domestic laws are important to marine mammal conservation, but can have unintended consequences such as shifting a problem to international fisheries. Most marine mammals are transboundary (they do not respect geopolitical boundaries). International management frameworks are needed to deal with many marine mammal issues. Our ability to manage will only be as good as our ability to assess trends and impacts, and to implement ecosystem approaches to management.

21 Ecosystem-Based Management A relatively new management paradigm that differs from traditional single-species approaches An integrated approach that considers the entire ecosystem, including humans Management actions are focused on assessing trade-offs/costs & benefits of different sectors with a goal of maximizing health, productivity, and resilience of ecosystems while providing services to the human component Additional Reading: Ecosystem-Based Management for the Oceans. Karen McLeod and Heather Leslie, editors

22 An ETP Example Comparison of ecosystem impact by yellowfin tuna purse-seine fishery using three fishing methods (dolphin sets, floating-object sets, unassociated sets) Three ecological metrics = three different measures of ecosystem impact Which ecosystem do we want? Gerrodette et al. 2012

23 Reading Pages in: Berta, A., J.L. Sumich, K.M. Kovacs Marine mammals: evolutionary biology. Second Edition. Academic Press.