clean water act (1972) primary federal law governing water pollution cwa “establishes the basic...
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Lecture 10: Environmental Law and the Future of Marine Conservation
Clean Water Act (1972)Primary federal law governing water pollutionCWA “establishes the basic structure for
regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters” (EPA)
Allowed for implementation of pollution control programs such as setting wastewater standards for industry and water quality standards for all contaminants in surface waters.
Made it unlawful to discharge any pollutant from a point source into navigable waters without a permit
Legislation and Programs Protecting BiodiversityProgram ObjectivesNational Marine Sanctuaries Program
Identifies sites for protection, provides management programs
National Estuarine Research Reserve System
Identifies estuarine sites for long-term observation
National Wildlife Refuge System Identifies areas where wildlife is especially valuable, migratory birds
Endangered Species Act Identifies species in danger of extinction
Marine Mammal Protection Act Maintain healthy marine mammal populations
Fisheries Conservation and Management Act
Intended to prevent decline of fisheries within 200 miles of U.S. coast
U.S. Presidential Executive Order 13158
Declares system of marine protected areas, managed on an ecosystem basis
National Marine Sanctuaries Program (NOAA)Established by the Marine Protection,
Research and Sanctuaries Act which was passed by Congress on Oct 23, 1972
Serves as the trustee for a network of 14 marine protected areas (13 national marine sanctuaries and the Papahānaumokuākea Marine National Monument)
System encompasses more than 170,000 square miles of marine and fresh waters (Great Lakes)
Sanctuary DesignatedBoundary
Expansion? (year)
Notes
Monitor Feb-75 NoDesignation by NOAA to protect one of the most important Civil War ironclad shipwrecks from potential salvage.
Key Largo Jan-76 No Designation by NOAA to protect the portion of barrier reef beyond state waters of John Pennekamp Coral Reef State Park.The Florida Keys National Marine Sanctuary subsumed this marine sanctuary in 1990.
Channel Islands Oct-80 Yes (2007)Designation by NOAA to protect a confluence of warm and cold water currents with a great abundance and variety of marine life. Expansion by NOAA: Very minor increase in the area associated with the addition of marine reserves.
Gulf of the Farallones Jan-81 No - Designation by NOAA to protect an extensive marine habitat and bird colonies.
Looe Key Jan-81 NoDesignation by NOAA to protect the unusual and highly important spur and groove reef system. The Florida Keys National Marine Sanctuary subsumed this marine sanctuary in 1990.
Gray's Reef Jan-81 NoDesignation by NOAA to protect a prime example of South Atlantic hard/live bottom coral habitat.
Fagatele Bay Apr-86 Yes (2012)
Designation by NOAA to protect an example of a South Pacific, tropical, fringing coral reef ecosystem. Expansion by NOAA: Addition of five units, including the Rose Atoll Marine National Monument, and renaming of the sanctuary as the National Marine Sanctuary of American Samoa.
Cordell Bank May-89 NoDesignation by NOAA to protect an area of bank where upwelling of nutrient-rich deep water supports a flourishing ecosystem.
Sanctuary DesignatedBoundary
Expansion? (year)
Notes
Florida Keys Nov-90 Yes (2001)
Designated by Congress in response to a series of large vessel groundings in 1989, it protects the largest coral barrier reef ecosystem in the US.Expansion by NOAA: Addition of valuable coral reef habitat added to the west of the original boundary (Tortugas Bank and Sherwood Forest Tortugas Ecological Preserve).
Flower Garden Banks Jan-92 Yes (1996)Designation by NOAA to protect important coral reefs on the salt domes of the northwestern Gulf of Mexico. Expansion by Congress: Addition of Stetson Bank.
Monterey Bay Sep-92 Yes (2009)
Designation by NOAA to protect a variety of habitats including shores, kelp forests, and an underwater canyon.Expansion by NOAA: Davidson Seamount was added as an example of offshore seamount with special geological and ecological value.
Stellwagen Bank Nov-92 NoDesignation by Congress to protect the primary summer feeding grounds of the endangered North Atlantic right whale, and other important marine features.
Hawaiian Islands Humpback Whale
Nov-92 NoDesignation by Congress to protect calving and breeding grounds of the endangered North Pacific humpback whale.
Olympic Coast May-94 NoDesignation by NOAA as a representative marine and near-shore habitat of the Pacific Northwest, adjacent to the protected Olympic National Park.
Thunder Bay Jun-00 NoDesignation by NOAA to protect the collection of nationally significant historic shipwrecks in an area of Lake Huron known as Shipwreck Alley.
Papahānaumokuākea Marine National
Monument Jun-06 No
Papahānaumokuākea was established by Presidential Proclamation 8031 on June 15, 2006 under the authority of the Antiquities Act (16 U.S.C. 431-433) to protect an exceptional array of natural and cultural resources.
National Estuarine Reserve SystemEstablished by the Coastal Zone Management
Act (1972), the reserve system is a partnership program between the NOAA and the coastal states
Protects over 1.3 million acres in 28 reserves in 22 states and Puerto Rico
Reserves are protected for long-term research, water-quality monitoring, education and coastal stewardship.
National Wildlife Refuge SystemPresident Theodore Roosevelt designated Florida’s Pelican
Island as the first wildlife refuge in 1903Over 560 national wildlife refuges and 38 wetland
management districts in system and other protected areas encompassing 150 million acres of land and water from the Caribbean to the remote Pacific
National wildlife refuges provide habitat for: 700+ species of birds220 species of mammals 250 reptile and amphibian species1,000 species of fish
380+ threatened or endangered plants or animals are protected on wildlife refuges.
Annually, millions of migrating birds use refuges as stepping stones on their migratory route
Endangered Species Act (1973)Protects endangered and threatened species and their
habitats by prohibiting the “take” of listed animals and the interstate or international trade in listed plants and animals, including their parts and products, except under Federal permit (generally issued for conservation and scientific purposes) (FWS)Endangered species = a species in danger of
extinction throughout all or a significant portion of its range
Threatened species = a species that is likely to become an endangered species within the foreseeable future
Candidate species = These are species for which the FWS has enough information to warrant proposing them for listing but is precluded from doing so by higher listing priorities.
ESA Video
Endangered Species ActApproximately 2,150 species are listed as
endangered or threatened under the ESA. Of these species, about 625 are foreign
species, found only in areas outside of the U.S. and our waters.
NOAA has jurisdiction over 98 endangered and threatened marine species, including 25 foreign species and works with U.S. Fish and Wildlife Service (USFWS) to manage ESA-listed species.
Endangered Species ActFactors considered when evaluating a species
for listing:1)damage to, or destruction of, a species’
habitat 2) overutilization of the species for commercial,
recreational, scientific, or educational purposes3) disease or predation 4) inadequacy of existing protection 5) other natural or manmade factors that affect
the continued existence of the species
Endangered Species ActMarine species protected in the U.S. include:
All 6 U.S. species of sea turtles20 marine mammalsElkhorn and staghorn corals (only marine
inverts listed in US)Johnson’s seagrass Halophila johnsonii (only
marine plant listed)8 endangered albatross populations2 species of gulls8 populations of salmon and sturgeons
Marine Mammal Protection Act (1972)Was the first legislation that called for an ecosystem
approach to natural resource management and conservation.
All marine mammals are protected under the MMPA“The MMPA prohibits, with certain exceptions, the
"take" of marine mammals in U.S. waters and by U.S. citizens on the high seas, and the importation of marine mammals and marine mammal products into the U.S.” (NMFS)Example of exception:
Alaska Natives may hunt marine mammals for subsistence purposes, and may possess, transport, and sell marine mammal parts and products
Fisheries Conservation and Management Act (1976)
Referred to as the Magnuson–Stevens ActEstablished a 200-mile fishery conservation
zone (this concept was later dropped and the geographical area of coverage was later changed to the EEZ, with the inner boundary being the seaward boundary of the U.S.)
Established Regional Fishery Management Councils comprised of Federal and State officials, including the Fish and Wildlife Service
Fisheries Conservation and Management ActThe most recent version, authorized in 2007, includes seven
purposes: 1.Acting to conserve fishery resources 2.Supporting enforcement of international fishing agreements 3.Promoting fishing in line with conservation principles 4.Providing for the implementation of fishery management plans
(FMPs) which achieve optimal yield 5.Establishing Regional Fishery Management Councils to steward
fishery resources through the preparation, monitoring, and revising of plans which (A) enable stake holders to participate in the administration of fisheries and (B) consider social and economic needs of states.
6.Developing underutilized fisheries 7.Protecting essential fish habitats
The law calls also for reducing bycatch and establishing fishery information monitoring systems. (USFWS)
U.S. Presidential Executive Order 13158 (2000)Directed the Department of Commerce to work with the
Department of the Interior, other federal agencies, states, territories, tribes and stakeholders to establish a national system of MPAs to integrate and enhance the nation’s MPAs
Purpose of this order is to, consistent with domestic and international law: (a) strengthen the management, protection, and conservation of
existing marine protected areas and establish new or expanded MPAs;
(b) develop a scientifically based, comprehensive national system of MPAs representing diverse U.S. marine ecosystems, and the Nation's natural and cultural resources; and
(c) avoid causing harm to MPAs through federally conducted, approved, or funded activities.
www.doe.gov
A Call to ActionOngoing and Future Threats to the Oceans
Overexploitation of speciesPhysical alteration of ecosystemsPollutionIntroduction of non-native speciesGlobal climate change
Steps for the Future1. Identify and provide effective protection to all populations of marine species that are significantly depleted or declining, take all measures necessary to allow their recovery, minimize bycatch, end all subsidies that encourage overfishing and ensure that use of marine species is sustainable in perpetuity
(Marine Conservation Biology Institute)
Steps for the Future2. Increase the number and effectiveness of marine protected areas so that 20% of Exclusive Economic Zones and the High Seas are protected from threats by 2020
3. Ameliorate or stop fishing methods that undermine sustainability by harming the habitats of economically valuable marine species and the species they use for food and shelter
(Marine Conservation Biology Institute)
Steps for the Future4. Stop physical alteration of terrestrial,
freshwater and marine ecosystems that harms the sea, minimize pollution discharges at sea or entering the sea from the land, curtail introduction of alien marine species and prevent further atmospheric changes that threaten marine species and ecosystems
(Marine Conservation Biology Institute)
Steps for the Future5. Provide sufficient resources to encourage
natural and social scientists to undertake marine conservation biology research needed to protect, restore and sustainably use the sea.
(Marine Conservation Biology Institute)
On the Future of Conservation Biology – E.O. Wilson1. “a renaissance of systematics and natural history”
Specifically, the description and mapping of the world biota.
2. “If conservation biology is to mature into an effective science, pure systematics must be accompanied by a massive growth of natural history.”Stresses the importance of naturalists
3. “Systematics and natural history also form the requisite empirical base for population viability analyses (PVAs), which are key instruments for predicting the future of species at risk and devising means for pulling them back to safety.”
