PS536, Global Environmental Law and Policy
Spring Semester 2008
Session Outline - Week 13
Conserving Fisheries, Wildlife, and Biodiversity
I. Conserving Marine Fisheries
A. History of Fishing
Trends in the global fish catch
FAO, State of World Fisheries and Aquaculture 2006
Technological changes in the fishing industry
Conflicts between distant water fleets and coastal state fishers
Condition of global fish stocks
Marine capture fisheries resources are usually considered to be close to full exploitation worldwide
52% are fully exploited
24% are over exploited, depleted, or recovering
21% with some capacity to produce more than they presently do
Source: FAO, 2007
Global study (animation) announced in 2003 concludes that numbers of large ocean fish have declined by 90% over the past 50 years.
King of Sushi, CBS 60 Minutes Report (video)
UNEP, In Dead Water, 2008 ( report on the impact of climate change and overfishing on the oceans fishing grounds
B. The International Law on Ocean Fishing
Customary law of the high seas
Extended unilateral claims to fishery zones
(Examples)
Northwest Atlantic Fisheries Organization
(case study of the Turbot War)
International Commission for the Conservation of Atlantic Tunas
North Pacific Fur Seal Commission
North Sea Commission
Commission for the Conservation of Antarctic Marine Living Resources
International Whaling Commission
Convention on Conservation of the Living Resources of the High Seas (1958)
Law of the Sea Treaty (1982)
coastal states have exclusive right to manage fisheries in 200 mile EEZs
FAO Code of Conduct for Responsible Fishing (1995) - not binding
-Reaffirms responsibility of nations that fish the stocks to cooperate in preserving them
-Fishing nations responsible for accurate figures on catch, conducting scientific
research, and eliminating overfishing and excess capacity
-Adopts "precautionary approach"
-Denies access to nations not members of regional fishery commissions
-Significantly strengthens enforcement, especially responsibilities of the flag states
-Disputes to be resolved by peaceful means
II. Why Species and Biodiversity are International Issues
Conservation International's Biodiversity Hotspots
-Concern over increasing rate of extinctions
-Migration of species across international borders
-Shared ecosystems that transcend international boundaries
-Some species reside in international commons
-Species as a common interest or concern ("genetic heritage of humanity")
-Rise of the biotechnology industry and international trade in genetic materials
-Impacts of global climate change on species
III. Overview of Treaties on Preserving Endangered Species and the Biological Diversity
A. General Treaties
International Trade in Endangered Species--CITES (1973)
Migratory Species (1979)
Biological Diversity (1992) -- adopted at the Earth Summit in Rio
B. Examples of Treaties on Specific Species
Whales (1946)
Birds (1950, 1970)
Pacific Fur Seals (1957)
Antarctic Seals (1972)
Polar Bears (1973)
Antarctic Marine Living Resources (1982)
C. Examples of Treaties on Habitats
Wetlands (1971)
European Region (1979)
Eastern African Region (1985)
South Pacific Region (1986)
IV. Convention on International Trade in Endangered Species (CITES)
-Adopted in 1973
-Has been ratified by 172 nations as of April 2008----US was the first country to ratify, Kyrgyzstan is the most recent
-Appendices (lists are species in the two indexes are updated every two years)
I - Trade in life or dead specimens and parts is banned completely - 892 species in 2008
(sampling of species on Annex I)
Spider monkey Flying fox
Tree kangaroo Orangutan
Giant anteater Blue whale
Leopard cat Tiger cat
Gray wolf Asian brown bear
Asian elephant African elephant
Black rhinoceros Wild yak
Ostrich Imperial eagle
Scarlet macaw Sea turtle
II - Trade is regulated - 32,540 in 2005
III. Species of National Concern - 291 in 2005
-COP13 in Bangkok, 2004 COP 14 in The Hague, June 2007
-Key roles played by NGOs
World Conservation Union (IUCN) - publishes Red List of endangered species
"American in Chile Finds Conservation a Hard Slog," New York Times, August 7, 2005
V. Protected Areas
UNESCO World Heritage Sites (US World Heritage Sites)
World Data Base of Protected Areas
(20 largest nationally protected areas)
IV The Convention on Biological Diversity (1992) see also IISD Website on the CBD
Has been ratified by 190 countries by March 2008 (US signed the treaty in 1993, but has not ratified it)
Responsibilities of all parties to the convention
Adopt plans for conservation and sustainable use of biodiversity
Establish programs for identification and monitoring of biological diversity
Establish national protected area
Develop facilities for ex-situ conservation of biodiversity
Facilitate access to genetic resources by other states
Special Responsibilities of the Developed Countries
Provide new and additional financial resources to assist developing countries to comply with the convention
Involve developing countries in biotechnological research activities
Provide priority access to the results and benefits arising from biotechnologies to countries from where genetic materials originated
Facilitate transfer of technologies relevant to conservation and sustainable use of biological diversity under fair and favorableterms Terms will recognize and be consistent with the adequate and effective protection of intellectual property rights
Cartegena Protocol on BioSafety (2000)
Entered into force is 2003 and has been ratified by 147 countries as of April 2008 (US has neither signed or ratified)
International Treaty on Plant Genetic Resources for Food and Agriculture (2001)
Entered into force in 2004 and has been ratified by 116 countries as of March 2008 (US signed in 2002, but has not ratified)