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113 Cards in this Set

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  • Back
What is the rationale behind the Marine Mammal Protection Act of 1972?
1. Some marine mammals species or stocks are in danger of extinction or depletion as a result of human activities;

2. These species or stocks must not be permitted to fall below their optimum sustainable population level ("depleted");

3. Measures should be taken to replenish these species or stocks;

4. There is inadequate knowledge of the ecology and population dynamics; and

5. Marine mammals have proven to be resources of great international significance.
What does the Marine Mammal Protection Act provide for?
It prohibits hunting, killing, capture or harassment of any marine mammal within the US EEZ. It also institutes a moratorium on trade in marine mammals or their parts within the U.S. or across its borders.
What taxa does the Marine Mammal Protection Act cover? Which government agencies enforce the MMPA as to these individual taxa?
Pinnepeds and cetaceans (NOAA-NMFS)

Sirenians (manatees/dugongs), polar bears, and sea otters (USFWS).

Some of these are concurrently listed under the Endangered Species Act.
What was and is so innovative about the MMPA?
Ecoysystem-driven: at its core the MMPA is about maintaining marine mammals at ecologically-functional levels.

Optimum sustainable populations (OSP) instead of maximum sustainable yield (MSY).

Additionally, the burden of proof is shifted from resource managers to resource users.
Concerning the Marine Mammal Protection Act, what is the definition of Optimum Sustainable Population (OSP)?
OSP is defined as "the number of animals which will result in the maximum productivity of the population or the species, keeping in mind the carrying capacity of the habitat and the health of the ecosystem of which they form a constituent element."
Concerning the Marine Mammal Protection Act, what are some issues with its definition of Optimum sustainable population (OSP)?
1. Carrying capacity in the ocean, or in the local environment?

2. What determines carrying capacity for a marine mammal?

3. What do you use as a baseline? Historic or contemporary population levels?

4. Fishermen dislike the vagueness and complexity.
Are there any exemptions to the no-take rules of the Marine Mammal Protection Act?
Yes:

1981 Amendments to the MMPA: permits to allow for some level of incidental take in fisheries.

1995 Amendments: subsistence permits, scientific research, program to authorize and control the taking of marine mammals incidental to commercial fishing operations, preparation of stock assessments for all marine mammal stocks in waters under U.S. jurisdiction.
Concerning the Marine Mammal Protection Act, what is the definition of "incidental take"? What are some issues with this definition of "incidental take"?
"[T]he maximum number of animals, not including natural mortalities, that may be removed from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population."

Issues:
Difficult to calculate.
Often set low, which is restrictive to fishermen.
Has the Marine Mammal Protection Act been successful?
Generally, yes. However, some populations of marine mammals in U.S. waters are critically endangered; for example, the AT1 pod of killer whales is not viable and will likely be extirpated no matter what steps are taken.
What are the central characteristics of the Marine Mammal Protection Act?
1. Covers completely marine species (no terrestrial);
2. Limited range of taxa (pinnipeds, cetaceans, sirenians, polar bears, sea otters);
3. Comprehensive listing;
4. Moratorium (no non-scientific, intentional take at all) and threat mitigation (no harassment); and
5. Focuses on ecological viability.
What is the Magnuson-Stevens Fishery Conservation and Management Act?
Initially passed in 1976, and reauthorized in 1996 and 2006. It is the primary law regulating marine fisheries in the U.S.

The goals of the Magnuson-Stevens Act is to:
1. Take immediate action to conserve and manage the U.S. fishery resource;
2. Support the implementation and enforcement of international fishery agreements for the conservation and management of highly migratory species;
3. Promote domestic commercial and recreational fishing under sound conservation and management principles (optimum yield of each fishery);
4. Establish Regional Fishery Management Councils;
5. Encourage the development of underutilized U.S. fisheries; and
6. Promote the protection of essential fish habitat.
What are the essential factors which need to be understood in order to effect marine conservation policy?
1. Who makes the decisions;
2. How decisions are made (procedure);
3. What can influence these decisions;
4. What can be achieved within existing legal frameworks;
5. How effective a policy change is likely to be.
What example was used in class of obtaining protection for a marine species under a state regulatory scheme? What was the species? Which government enacted the protection? What steps were taken?
Florida state protection for lemon sharks (Negaprion brevirostris).

The steps taken were:
1. Petitioned Florida Fish and Wildlife Conservation Commission (outreach to commissioners);
2. FWC initiated review (and conservation proponents provided scientific review);
3. FWC proposed policy change ("proposed rule") to protect species in state waters;
4. Public comment (industry, ocean users);
5. Commissioners voted to "Draft rule";
6. Additional comment period;
7. Final vote, rule accepted;
8. Went into effect March 2010; and
9. Enforcement, education underway.
What were the six pieces of U.S. domestic legislation discussed in class that can benefit marine species/ecosystems?
1. The National Marine Sanctuaries Act.
2. Endangered Species Act.
3. Marine Mammal Protection Act.
4. Magnuson-Stevens Fishery and Conservation Act;
5. The Lacey Act (against trafficking in illegal animal parts); and
6. The National Environmental Protection Act.
What is the National Marine Sanctuaries Act? How many National Marine Sanctuaries are there?
The National Marine Sanctuaries Act ("NMSA") was first passed into law in 1972, and reauthorized in 1980, 1984, 1988, 1992, 1996, and 2000.

It authorizes the Secretary of Commerce to designate and protect areas of the marine environment with special national significance due to their conservation, recreational, ecological, historical, scientific, cultural, archeological, educational, or esthetic qualities as National Marine Sanctuaries.

There are 14 Marine Protected Areas under the NMSA, consisting of 13 National Marine Sanctuaries and 1 other Marine Protected Area (the Northwestern Hawaiian Islands Marine National Monument).
Who enforces and administers the Endangered Species Act and Marine Mammal Protection Act?
The National Marine Fisheries Service/NOAA (NMFS) and the United States Fish and Wildlife Service (USFWS).
What cabinet-level department is NOAA part of?
The Department of Commerce.
What cabinet-level department is the USFWS part of?
Department of the Interior.
What is the National Marine Fisheries Service (NMFS)? What marine areas does it involve itself in?
The NMFS is a division of NOAA. Its mission is "[s]tewardship of living marine resources through science-based conservation and management and the promotion of healthy ecosystems."

It is responsible for the management, conservation and protection of living marine resources within the United States Exclusive Economic Zone (3-200 miles offshore).

It plays a supportive/advisory role in the management of living marine resources in coastal areas under state jurisdiction (within 3 miles of shore).

It also provides scientific and policy leadership in the international arena and implements international conservation and management measures as appropriate.

Its overarching goal is to optimize the benefits of living marine resources to the Nation through sound science and management.
What statutory tools does the NMFS use? What activities does it undertake?
The NMFS uses the tools provided by the Magnuson-Stevens Act to assess and predict the status of fish stocks, ensure compliance with fisheries regulations and work to reduce wasteful fishing practices.

Additionally, "[u]nder the Marine Mammal Protection Act and the Endangered Species Act, NOAA's National Marine Fisheries Service recovers protected marine species (i.e. whales, turtles) without unnecessarily impeding economic and recreational opportunities."
What are the U.S. Fish and Wildlife Services' priorities?
1. The National Wildlife Refuge System: Conserving our lands and resources.
2. Migratory Birds: Conservation and Management.
3. Threatened and Endangered Species: Achieving Recovery and Preventing Extinction.
4. Aquatic Species: National Fish Habitat Action Plan and Trust Species.
5. Connecting People With Nature: Ensuring the Future of Conservation.
Which President passed the Endangered Species Act of 1973 (ESA)? What was its goal?
Passed by the 93rd Congress and signed by President Nixon on December 28, 1973. It was designed to prevent the extinction of species threatened as a consequence of economic development and to promote habitat conservation.
What was the predecessor to the Endangered Species Act of 1973?
The Endangered Species Preservation Act of 1966, under which:
1. Species could be officially listed as "Endangered";
2. Authorized USFWS expenditures of up to $15 million/year to purchase land/habitat of listed species; and
3. Directed federal agencies to preserve habitat on federal lands.

The 1966 Act had an emphasis on habitat.

It did not address trade in endangered species.
How many marine species were listed under the Endangered Species Preservation Act of 1966 as of 1967?
One (compared to 14 mammals, 36 birds, 6 reptiles and amphibians, and 22 fish).

* Problem: Class notes indicate one purely marine species, the Caribbean monk seal. HOWEVER, according to Wilcove and McMillan 2006, the Guadalupe Fur Seal was also listed.
Do other nations have an ESA?
Some have comprehensive endangered species legislation similar to the ESA (e.g., Environment Protection and Biodiversity Conservation Act 1999 (Australia); Wildlife Act 1953 (New Zealand); Endangered Species Act 1976 (United Kingdom)).

Other countries take more of a species by species approach. For example, the whale shark (Rhincodon typus) is fully protected in Belize by a Statutory Instrument within the Fisheries Act.
What are the criteria for listing a species under the ESA?
Under section 4(a)(1) of the ESA a species must meet at least one of the following criteria to be considered:

(1) Its habitat is being destroyed or is under the threat of destruction;

(2) It is overexploited for commercial or recreational purposes;

(3) Existing regulatory mechanisms are failing;

(4) It is declining due to disease or predation; or

(5) It is declining due to some other manmade cause.
What are the two ways that a species could be considered to be listed as endangered or threatened under the ESA?
(1) NOAA-NMFS or USFW can assess and propose to list a species;

(2) Any individual or organization can petition NOAA-NMFS or USFW to do so.

The Federal government publishes the petition in the Federal Register at which time it undergoes a 90-day "screening period."

If the evidence for listing the species is deemed insufficient during this screening process, the petition is denied.
What happens when NOAA-NMFS/USFWS proposes to list a species under ESA, either on their own initiative or in response to an individual or organization's petition for one of the agencies to do so?
A Status Review begins (and is announced in the Federal Register to allow for public comment).

A Status Review compiles all of the data necessary to support or deny listing.

It is science-based, "based solely on the best scientific and commercial data available."

Economics is not considered, except in provisions on critical habitat.
What are the three possible outcomes to a Status Review under the ESA (after a species has been proposed to be designated as endangered or threatened)?
(1) "Not warranted" - Process terminated;

(2) "Warranted" - "Proposed rule" to list the species is published within 12 months of petition, public comment is sought, and optionally 3 expert scientific reviews can be solicited; or

(3) "Warranted but precluded" - species is recycled back through the process until a finding of (1) or (2) above. Usually happens when there are other species that take priority.
If a Status Review under the ESA results in a "Warranted" - "Proposed rule," what are the next steps?
A proposed rule is published within 12 months of petition, public comment is sought, 3 expert scientific reviews are solicited, and a final rule may be issues after one more year.
What example was given in class of a species that went through the ESA process to determine if it should be listed under the ESA (other than the marine species that was ultimately listed under ESA)?
The Atlantic white marlin; fishery biologist Jim Chambers and the Biodiversity Legal Foundation filed the petition with NMFS on Spetember 4, 2001 to list the marlin as either threatened or endangered throughout its range, and to designate habitat critical to the survival of the species.

In December of 2001, NMFS determined that the petition contained sufficient justification to warrant a detailed examination of the status of the white marlin population.

However, on September 9, 2002 NMFS declared that the listing of Atlantic white marlin under the ESA was not warranted, even though the Status Review Team had concluded that Atlantic White Marlin population levels were at 5%-15% of their historic levels. The NMFS concluded that there were international measures already in place, that domestically there had been longline closures, and the numbers were still high relative to other listed species.
What has been the trend in terms of number of species listed per year under the ESA?
Steadily increased in number over time for the most part. The Ford administration listed relatively few, with Carter and Reagan administrations both listing about twice as much as Ford's. First Bush administration listed significantly more, near 60, and Clinton administration listed even more, approximately 65. However, the second Bush administration listed the least, under 10.

Over time more and more vascular plants have been listed, and now make up a majority of listings.
Generally, how is the funding divided up in terms of protecting ESA-listed species?
A small fraction of species get the bulk of the funding.
Are populations or subspecies listed under the ESA?
Yes, "species" under ESA can be applied to:

(1) Biological species;
(2) Subspecies; and
(3) "Distinct Population Segments"

DPS units are usually established by a combination of population genetic and morphological studies.
What does it mean for a species to be listed under the ESA?
Not allowed to kill, injure or harass ESA listed species. But there may be "Incidental take Permits."

The Recovery Plan is developed by NMFS/USFWS. Overarching objective of the plan is to outline a strategy to enable the eventual delisting of the species.

There are no specific objectives, benchmarks, or estimates of costs. There is also no specific timeline for developing a Recovery Plan: 3 years is a typical target, ~6 years is typical.
In terms of the ESA, what is done about listed species' habitats?
Section IV of the ESA establishes that designation and preserves "Critical Habitat" as a pivotal part of the Recovery Plan:

"...shall designate critical habitat...on the basis of the best scientific data available and after taking into consideration the economic impact, and any other impact, of specifying...area as critical habitat."

Implications of Critical Habitat designation:

(1) All Federal agencies are prohibited from authorizing or engaging in any activity that harms CH on Federal land;

(2) Large scale commercial activities (e.g. development, mining, logging) on private lands require federal permitting, which will involve assessment of impact on CH (possibly leading to permit denial);

(3) Designated CH usually priority for reserve status, federal purchase and restoration activities.
If the NMFS/USFWS designates an area as Critical Habitat under the ESA, does this mean you can't do anything that impacts that Critical Habitat?
No: there are some exemptions for Federal activities.

Also, the Habitat Conservation Plan (HCP) developed by the USFWS/NMFS provides incentives for individuals/organizations to protect CH while allowing economic development that may harm ("take") the species (but only incidentally; intentional taking is still prohibited).
Have any species been removed from the ESA? What are the requirements for delisting?
Yes; since its inception, more than 50 species have been "delisted."

Delisting requires:

1. Threats removed or controlled.
2. Habitat is available and secure.
3. Population(s) is robust/growing.

Species can also be "downlisted" to "Threatened."
Has the ESA been successful?
Of ~50 delistings:
22 due to recovery
9 due to extinction (all but 2 occurred prior to listing)
7 due to taxonomic changes
The rest due to errors in original listing or discovery of new populations

~25 additional species downlisted.

Many species have increased while listed under the ESA.
How many species are listed under the ESA today?
~ 1,900
How many marine species are listed under the ESA?
One: the smalltooth sawfish (Pristis pectinata).

Process:
1991: added to the candidate species list

1997: removed

1999: replaced

November 1999: NMFS was petitioned by the Ocean Conservancy (formerly the Center for Marine Conservation) to list species as endangered under the ESA.

December 2000: NMFS completed a status review.

April 16, 2001: NMFS published a proposed rule to list the U.S. distinct population segment (DPS) of this species as endangered.

On April 1, 2003: NMFS published a final rule listing this DPS as an endangered species under the ESA.

2008: NMFS initiated a 5-year review in May and proposed critical habitat in November.

September 2009: NMFS designated critical habitat.

January 2009: NMFS published the final recovery plan.
What is the Smalltooth Sawfish Critical Habitat?
800,000+ acres along the SW Florida coastline.

Critical habitat includes:
1. Red mangroves
2. Shallow euryhaline habitats
What ongoing research and conservation efforts are being conducted to conserve P. pectinata (smalltooth sawfish)?
Under NOAA Section VI, cooperative state grants to enhance ESA listed species in general.

Florida and Texas agencies, along with other collaborators, have been funded for 3 years to conduct research, outreach, education to enhance recovery of P. pectinata.

Researchers have also developed forensics tools to ID sawfish parts in trade, and discovered that sawfish stay in natal nursery area for 1-3 years.
What are ESA take-away points discussed in class?
ESA is still in its infancy for protecting marine species.

It is becoming more important.

It is resource intensive yet underfunded.

There is a backlog of species to list.

Critical Habitat designation and implementation is challenging for fully marine species.
Under the United Nations Convention on the Law of the Sea, what are international waters? The EEZ? The contiguous zone? Territorial waters? Internal waters? What is the baseline for these delineations?
What is a Marine Protected Area?
This is an umbrella term that encompasses virtually any type of spatially-based management.
What is a no-take marine reserve?
“[A]n area of the sea in
which all consumptive or extractive uses, including fishing, are effectively prohibited and other human interference is minimized to the extent practicable”
What are the functions of marine reserves?
1. Enhance fisheries
2. "Insurance policy" if other types of fisheries management do not work
3. Protect/restore endangered species and ecosystems
4. Education
5. Research
6. Tourism/alternative livelihoods
Where are the world's marine reserves?
How much of the ocean is in marine reserves?
1.42%
What is the global target for marine reserve coverage of the world's oceans?
10%
How large are marine reserves?
Median size, globally, is about 1.6 square km. We would need to create and manage 20 million reserves of this size to meet the global target of 10%.
What are the world's largest marine reserves?
What are the effects of marine reserves on species and ecosystems?
Changes in the abundance and density of species:
What are the characteristics of the Great Barrier Reef Marine Park reserve?
Est. 1975

345,400 km²

Regulated fishing, shipping

In 2006 from 4.6% reserve
to 33.3%
What are the problems with spatial data?
Does not establish what the baseline was; what population levels were before marine reserve was created (was marine reserve created in area with a lot of fish). Also doesn't take into account trophic cascades caused by certain species being protected.
What examples of marine reserves were used in class that showed historical data (before and after marine reserve designations)?
Apo and Sumilon Islands in the Philippines. Sumilon reserve showed fishing start, stop, then start again; data on Serranidae and Lutanidae (snapper)/Lethnidae(breams) showed significant recovery after fishing stopped, and depletion again after fishing starts again. Apo reserve, where fishing just stops, shows steady increase in populations.
Why does fishing make for populations of smaller fish?
Fishing tends to cull larger fish are removed, selecting for smaller ones that breed earlier.
What are the problems with spatial data?
Does not establish what the baseline was; what population levels were before marine reserve was created (was marine reserve created in area with a lot of fish). Also doesn't take into account trophic cascades caused by certain species being protected.
What examples of marine reserves were used in class that showed historical data (before and after marine reserve designations)?
Apo and Sumilon Islands in the Philippines. Sumilon reserve showed fishing start, stop, then start again; data on Serranidae and Lutanidae/Lethnidae showed significant recovery after fishing stopped, and depletion again after fishing starts again. Apo reserve, where fishing just stops, shows steady increase in populations.
Why does fishing make for populations of smaller fish?
Fishing tends to cull larger fish are removed, selecting for smaller ones that breed earlier.
What example from class showed trophic cascade effects of marine reserves? What were the species involved? What mechanism caused changes in populations?
Northwestern New Zealand; initially sea urchins grazed kelp, leaving "urchin barren" bottomgrounds. Marine reserve allowed more snappers which preyed on juvenile sea urchins. Marine reserve also allowed lobsters to grow to large sizes, at which point they could open large sea urchins. Experimental study showed fewer urchins survive in marine reserve than outside. Result: kelp forests grow while urchin barrens shrink.
How do marine reserves affect adjacent areas?
"Larval spillover" and "adult spillover." Areas near no-take MPA areas show higher populations.
What are the take-away points about Marine Reserves?
* Marine Reserves are increasingly important tools for marine conservation.
* Generally small, global targets are not being met.
* Positive effect on exploited species (abundance, density, size)
* Drivers of ecosystem change
* Positive effects for nearby fisheries (spillover)
What is driftnetting? What step did the UN take on high seas driftnetting?
Driftnetting creates a "wall of death": large-scale (20-60 km) drift monofilmanet gillnets. Targeted tuna, but had extremely high bycatch, and were typically deployed in international waters. There were 1000 vessels at their peak (mainly Japan and Taiwan).

A UN resolution in 1991 enacted a global moratorium on high seas driftnetting from 1992.
What is CITES?
The Convention on International Trade in Endangered Species; it is specifically designed to protect species threatened by trade to "ensure that international trade in speciments of wild animals and plants does not threaten their survival."

It is a voluntary agreement of governments, with currently 175 nations ("parties"), and is unique in having "teeth" in the form trade sanctions.
How many species are protected by CITES? How many are marine species?
Roughly 5,000 species of animals and 28,000 species of plants.

However, very few marine animals and no marine plants are listed, although there is a movement to list more marine species, partially in response to their worsening condition.
How are CITES species categorized?
There are 3 appendices:

Appendix I (892) species lists the most endangered species, those threatened with extinction. No international trade is permitted except non-commercial.

Appendix II (33,030 species) lists species that are not necessarily now threatened with extinction but that may become so unless trade is closely controlled. It also inclused so-called "look-alike species."

Appendix III (161 species) are those species included at the request of a Party that already regulated trade in the species and that needs the cooperation of other countries to prevent unsustainable or illegal exploitation.
How does CITES work?
Appendix I and II species are added to the list at the Conference of the Parties (occurs every 2-3 years).

Parties must sponsor a proposal and work to gain support for the listing. The need a 2/3 majority to succeed in getting the species listed, with the same majority needed for changing a listing.

Interpretation and implementation are constantly defined through a series of "Decisions" (short-term in nature and decisive) and Resolutions (longer-term and affect Convention interpretation).
How does the CITES permit system work?
Appendix I species: import and export permit.

Appendix II: export permit only.

Appendix III: export permit only; this permit is issues under much less strict requirements as compared to Appendix II species.

Heart of export permit and associated quota is non-detriment finding -- harvest doesn't jeopardize continued survival of the species.

Export quotas and non-detriment findings are established by national agencies unless there are shared stocks and special rules.
How are CITES listings implemented locally?
Relies on national implementation through national law and designated Scientific and Management Authority for each Party (e.g. USFWS).

This is challenging for nations with relatively few resources.

CITES Parties and bodies watch over export quotas and sometimes approve trade.
What is the process for trade in CITES Appendix II species?
What is the organization of the body administering CITES?
How is CITES enforced?
"Sticks and Safeguards"
Trade Suspension when not complying with rules and regulations of the Convention.
"Review of Significant Trade" for Appendix II species when trade is potentially harmful to continued survival of the species. Could result in trade suspension.

This is unique among international agreements.

Determining violations can be difficult when looking at closely related species or post-processing products. Ways to regulate include labeling, chain of custody, database of export permits, and DNA.
What are some marine species listed under CITES?
Charismatic species: sea otters, seals, sea lions, whales, dolphins, dugongs, manatees, marine iguanas, sea turtles, seabirds, sea horses.

Invertebrates: queen conch, abalone, giant clams, sea cucumbers.

Marine fishes: coelacanth, humphead wrasse, basking shark, great white shark, whale shark, and sawfishes.

Diadromous fishes: Sturgeons, totoaba, European eel.

Marine proposals are on the increase. The 14th Conference of the Parties (2007) considered more proposals for marine taxa than any previous CoP:
- Four species and one family of fish (Pristidea)
- One invertebrate (Brazilian populations of the spiny lobster)
- A genus of corals (Corallium)

- Only the sawfishes (Pristidea) and European eel won protection.

Similarly, at the 15th CoP (2010) in Qatar, eight species of shark were proposed (three hammerhead species, porbeagles, spiny dogfish, sandbar sharks, dusky sharks) (App. II), bluefin tuna (App. I), and 7 species of Red Coral (App. II) were defeated.
Why aren't more marine species listed under CITES?
Fisheries and timber dominate the wildlife trade in value and volume with fisheries comprising the bulk of the food trade; most fish eaten is from somewhere else.
- Fish often not considered part of the wildlife trade but rather as a traded commodity.
- Strong and organized opposition to marine listings.

Additionally, failure to consider marine species as part of the "wildlife trade" could be because of:
-Our perception of them as a renewable resource
-Special criteria for fish (magnitude of decline necessary)
-Jurisdictional issues (FAO, Fisheries management agencies)
What are the take-away points for CITES in terms of marine species?
1. CITES is an important tool for marine conservation.
2. Despite opposition and recent failures, CITES warrants additional attention given potential benefits.

Looking forward, CITES could be a complement to other Conventions and international agreements. However, questions remain as how CITES will interact with management agencies in charge of fisheries, and when would marine species qualify for CITES.
What is the National Marine Sanctuaries Act (1972)?
The Act authorizes the creation of National Marine Sanctuaries, which are federally-designated areas within United States waters that protect areas of the marine environment with special conservation, recreational, ecological, historical, cultural, archeological, scientific, educational, or aesthetic qualities.

The NMSA provides the authority to issue regulations for each sanctuary and the system as a whole. These regulations can, among other things, specify the types of activities that can and cannot occur within the sanctuary. These can be, but are not necessarily, no-take marine reserves. The NMSA requires preparation and periodic update of management plans that guide day-to-day activities at each sanctuary.
How is the National Marine Sanctuaries Act enforced?
The NMSA authorizes NOAA to assess civil penalties (up to $130,000 per day per violation) for violations of NMSA or its implementing regulations and damages against people that injure sanctuary resources.

The NMSA requires federal agencies whose actions are "likely to destroy, cause the loss of, or injure a sanctuary resource" to consult with the program before taking the action. The program is in these cases required to recommend reasonable and prudent alternatives to protect sanctuary resources.
How many sanctuaries have been designated under the NMSA?
14, encompassing > 150,000 square miles, ranging from <1 to 137,792 square miles.
What are the characteristics of the Northwestern Hawaiian Islands Marine National Monument?
Established in 2006; approximately 360,000 sq. km.

Around 7,000 species have been identified, with a quarter of those being endemic to the area.

Interestingly, the Monument has a difference population than the main Hawaiian islands, with apex predators making up 54% of the species by biomass (as opposed to 3% on the main Hawaiian islands, where low-level carnivores make up the largest group at 49%). This could be a result of trophic cascade.
How is the Northwestern Hawaiian Islands Marine National Monument protected? How was it designated as a monument?
The Monument has significant protections: permits are required for activities related to research, education, conservation and management, native Hawaiian practices and non-extractive special ocean uses. The commercial and recreational harvest of precious coral, crustaceans and coral reef species is prohibited in monument waters, and commercial fishing in monument waters is being phased out completely. Oil, gas and mineral exploitation and extraction will not be allowed anywhere in the monument.

Prior designation of the region had been part of a five-year study under a NMS designation process. Significant input from Federal and state entities, native Hawaiian leaders, and the public. Since 2000 more than 52,000 public comments were received, most supporting strong protection.
What is the purpose behind the United Nations Convention on the Law of the Sea? How many parties are there to UNCLOS? What is its history?
To define the rights and responsibilities of nations in their use of the world's oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources.

160 countries have signed UNCLOS, though not all have ratified it (like the US).

History:
1973: Third United Nations Conference on the Law of the Sea convened in New York City.

160 nations participated, consensus rather than majority vote.

Conference lasted until 1982.

Resulting convention (UNCLOS) came into effect November 1994.
What is an EEZ? Territorial waters?
The EEZ is a zone over which a state has special rights over the exploitation and use of marine resources, including production of energy from water and wind. It stretches from the seaward edge of the state's territorial sea out to 200 nautical miles from its coast.

The territorial waters is the belt of coastal waters extending at most 12 nautical miles past the mean low-water mark of a coastal state. The territorial sea is regarded as the sovereign territory of the state, although foreign ships (both military and civilian) are allowed innocent passage. This sovereignty also extends to the airspace over and seabed below.
What percentage of the oceans are outside national jurisdiction (i.e. beyond the 200 nm EEZs of coastal countries)?
Close to 60%.
Why did "High Seas" fishing activity pick up beginning in the mid-20th Century?
Availability of GPS, large vessels, new gear (deep water trawls), cheap fossil fuels, better weather prediction, freezers, etc.

High seas fisheries resulted in 9% of landings in 1950, but 15% of landings in 2003.

This suggests a need for high seas governance of fisheries.
What are Regional Fisheries Management Organizations (RFMOs)?
RFMOs are currently the only legally mandated fisheries management bodies on the high seas; they are typically created through individual Conventions arising out of the US Straddling Fish Stocks Agreement of 1995 (though in class the IWC, founded in 1946, was portrayed as an RFMO).
What is the Straddling Fish Stocks Agreement (1995)?
A UN Agreement governing "straddling fish stocks," which occur in or migrate through more than one EEZ. There are 71 parties to this UN agreement.
What are the RFMO jurisdictions?
Commission for the Conservation of Antarctic Marine Resources (CCLAMR)

Convention on the Conservation & Management of the Pollock Resources in the Central Bering Sea (CCBSP)

Commission for the Conservation of Southern Bluefin Tuna (CCSBT)

General Fisheries Commission for the Mediterranean (GFCM)

Inter-American Tropical Tuna Commission (IATTC)

International Commission for the Conservation of Atlantic Tunas (ICCAT)

Indian Ocean Tuna Commission (IOTC)

International Pacific Halibut Commission (IPHC)

International Whaling Commission (IWC)

North Atlantic Salmon Conservation Organization (NASCO)

North East Atlantic Fisheries Commission (NEAFC)

South Indian Ocean Fisheries Agreement (SIOFA)

South Pacific Regional Fisheries Management Organization (SPRFMO)

Western and Central Pacific Fisheries Commission (WCPFC)
What RFMO concerning tunas was used as a case study in class?
International Commission for the Conservation of Atlantic Tunas (ICCAT)

* Established in 1969 in Rio de Janeiro, Brazil.

* Focuses on conservation of Atlantic tuna and "tuna-like" species, primarily managing ~30 species (including billfish).

* Monitors bycatch (primarily sharks)

* Scientists study catch rates, assess stocks of target and some bycatch species.

* Each year ICCAT sets catch limits and other management measures aimed at maintaining sustainable fisheries.
How is the International Commission for the Conservation of Atlantic Tunas (ICCAT) organized?
Who can join ICCAT? How many countries are currently in ICCAT?
The Commission may be joined by any government that is a member of the United Nations as a "contracting party." There are currently 48 contracting parties (North, Central, South American nations, West African nations, Caribbean nations, EU nations, China, Japan and Russia).
Has ICCAT been successful? If not, why not?
No; tuna and tuna-like stocks have been severely depleted over the past several decades.

Why hasn't ICCAT worked?

- It frequently sets catch limits above those recommended by scientists.

- Delegates and scientists can be industry representatives or consultants.

- Many species are so valuable that short-term economics supercede long term conservation.

- Enforcement and monitoring challenges on the high seas.
What is the International Whaling Commission's (IWC) purpose?
The IWC was set up under the International Convention for the Regulation of Whaling which was signed in Washington, DC on December 2, 1946. Its purpose is to govern the whaling industry and ensure whale conservation by:

- Protecting certain species
- Establishing whale sanctuaries
- Setting catch limits and seasonal closures
- Compiling catch data
Who are the members of IWC and how are they represented?
Membership is open to any country in the world that formally adheres to the 1946 Convention. Each member country is represented by a Commissioner (assisted by experts and advisers), with a Chair and Vice-Chair elected from among the Commissioners and usually serving for three years.

There are currently 88 members and annual meetings. Members include both non-whaling nations (e.g. US, Australia, New Zealand) and whaling nations (e.g., Japan, Norway, Rep. of Korea).
What steps has the IWC taken concerning whale harvesting?
In 1975 the IWC adopted a policy to harvest below Maximum Sustainable Yield to rebuild populations.

In 1982 the IWC established a whaling moratorium from 1985/86 on the grounds that there were insufficient data to establish sustainable whaling limts. A 75% majority vote was achieved (25-7) and the moratorium is still in effect.

However, "scientific whaling" and "aboriginal subsistence whaling" still goes on.

The moratorium is intended to last until a comprehensive assessment of the effects of this decision on whale stocks, and then consider modification of this provision and the establishment of other catch limits.

In 1994 a "Revised Management Procedure" was endorsed by the IWC (but not implemented) with the objectives that:

(1) catch limits should be as stable as possible;
(2) catches should not be allowed on stocks below 54% of the estimated carrying capacity; and
(3) the highest possible continuing yield should be obtained from the stock.

The Commission decided that greater priority should be given to objective 2.
What is the Southern Ocean Whale Sanctuary?
It was established by the IWC in 1994, in which commercial whaling is completely banned. It consists of 31,000,000 square kilometers in the Antarctic, and its status is reviewed and open to change by the IWC every 10 years. During the 2004 meeting a proposal was made by Japan to remove the sanctuary, but it failed to reach the 75% majority required (25 votes in favor, 30 votes against with two abstentions). Japan has continued to hunt whales inside the Sanctuary and lodged a formal objection to it with regard to minke whales. Their take is ~ 500-1000 whales annually.
How does the IWC enforce its rules? Has the IWC been successful?
IWC enforcement is weak because IWC is a voluntary organization. Countries can drop out of IWC or lodge reservation within 90 days of any rule being adopted, and the IWC has no authority to impose penalties for non-compliance.

The IWC has generally been successful. Many species are showing significant net increase per year: blue whales have shown approximately 8% increases per year in recent years, bowhead whales have shown a 3.2% per year increase, humbpack whales showed 3.1% per year from 1979-1993, and right whales in Argentina, Australia and South Africa have shown approximately 7-8% increases per year).
What are take-away points concerning high seas management?
Many species use the high seas and they are increasingly being impacted by humans. There are international agreements and organizations devoted to high seas governance, with successes and failures.

The UN ban of high seas drift nets and the IWC are examples of successful high seas management. ICCAT illustrates some problems with high seas management.
When was the Magnuson-Stevens Act passed? What was its original goal? What regulatory bodies did it create?
It was originally enacted in 1976, primarily to keep foreign fishing vessels out of American waters and to encourage development of domestic fisheries.

It created 8 Regional Fisheries Management Councils (RFMCs).

In 1996 significant improvements were added through the "Sustainable Fisheries Act."

The MSA was reauthorized in 2006.
How many Regional Fisheries Management Councils are there?
Eight:

The North Pacific Council, the Pacific Council, the GUlf of Mexico Council, the Caribbean Council, the South Atlantic Council, the Mid-Atlantic Council, and the New England Council.
What are some criticisms of the Council system?
- Councils decide on both conservation and allocation (so there is an incentive to keep catches high so allocation is easier).

- Composition is too homogenous (industry); not enough diversity in viewpoints, so skewed outcomes.

- Conflicts of interest: those with a financial stake in the outcome are making decisions; also, the Conflict of Interest rules are weaker than those applying to other government decision makers.
What is Optimum Yield? How has it related to Maximum Sustained Yield historically?
From 1976-1996 Optimum Yield was the Maximum Sustained Yield as modified by social, economic, ecological and other factors.

With the 1996 reauthorization of the MSA Optimum Yield was changed to mean Maximum Sustained Yield as REDUCED by social, economic, ecological and other factors.

The 1996 Reauthorization also contained overfishing provisions:
- Must define "overfishing" and "overfished" for each managed population
- If a fish population is overfished, a rebuilding plan must be developed and implemented that will rebuild the population within 10 years (if biologically possible).
- Overfishing must be halted (but when?)
What are issues concerning Council attitudes towards scientific advice?
Council sometimes ignores scientific advice. In the first year of a "rebuilding plan" in 2000 for spiny dogfish, the quota exceeded scientific advice by > 1 million lbs and then beyond that catch exceeded quota by 67%. A quota set by Mid-Atlantic Management Council in 1999 for summer flounder had an 18% chance of meeting a management goal. In NRDC v. Daley the Court stated "[o]nly in Superman Comics' Bizzaro world where reality is turned upside down, could the Service reasonably conclude that a measure that is at least four times as likely to fail as to succeed offers a "fairly high level of confidence."
What are sturgeon? How long have sturgeon been fished? Why are they fished?
Sturgeons are of the order acipenseriformes, which consists of 27 species (25 sturgeons + 2 paddlefishes). They have a wide Northern Hemisphere distribution. They are anadromous and freshwater dependent.

Sturgeon are vulnerable to depletion because they exhibit slow growth, late maturity, and infrequent reproduction. Additionally, fisheries target females before reproduction occurs, targetting spawning runs and aggregations.

People gave been fishing sturgeon for caviar for more than 3000 years. It is the most valuable fish in the world.
What are some threats to sturgeon?
- Life history characteristics
- Habitat loss or degradation
- Pollution
- Inadequate management
- Overharvest - legal and illegal
What is the global overview of sturgeon status?
Pikitch et al. Fish and Fisheries 6:233-265:

- Local extinctions in 19 of 27 species.
- Boom and bust: >1/3 of fisheries examined closed within 7-20 years.
- Most major sturgeon fisheries now catch 85% fewer fish than at their peak.

Examples: Beluga sturgeon (famous for caviar) has had severe range restriction and extirpation due to dams in the rivers feeding into the Black Sea and Caspian Sea.

As another example, the Atlantic sturgeon showed high landings up until approximately 1900 when there was a collapse (followed by geographic shift from North America to Europe and then Asia (Caspian).
What was the result of surveys of Atlantic sturgeon in the Hudson using pop-up satellite archival tags?
12 of 15 sturgeons tagged remained within the Mid-Atlantic Bight. One made it to Georgia-Florida border, one made it to North Carolina-South Carolina border, and one made it to Nova Scotia.

Summary of results:
-"Hudson River Fish" mix with all other stocks while in the ocean (GA to NS)
-Vulnerable to threats inside and outside the Mid-Atlantic Bight
-Narrow migratory corridor (5-40 m depth)
-Definitive aggregation areas: SW Long Island, New Jersey coast, off Delaware Bay and off Chesapeake Bay
Where do sturgeon fall on the IUCN lists?
85.2% are critically endangered (17 spp.), 7.4% are endangered (2 spp.), 14.8% are vulnerable (4 spp.), 7.4% are near threatened (2 spp.) and 7.4% are of least concern (2 spp.).

These are 2009 listings, showing significantly higher number of critically endangered than 1996 listing.
What are the first lines of defense in saving sturgeon?
- Farmed sturgeon to relieve demand on wild populations
- Hatchery production
- Habitat restoration
- Public information campaigns
- Trade restrictions
- Fishing controls
What trade regulation measures have been taken to protect sturgeon through CITES?
1998: CITES listing enters into force; 10 species of sturgeon enter the CITES review, including all commercially important species.

2000: Review of significant trade is completed, indicating unsustainable explotation and population declines.
What is the goal of NEPA? How does it work?
NEPA exists to ensure that federal agencies consider the environment in their decision making.

Requires federal agencies to prepare Environmental Impact Statements when their activities might affect the environment. The EIS must detail:

- The environmental impacts of the proposed action and any unavoidable adverse environmental impacts.

- The reasonable alternatives to the proposed action.

- The relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity.

- Any irreversible and irretrievable commitments of resources that would be involved in the proposed action should it be implemented.
When is an Environmental Impact Statement not needed?
When:

- A Categorical Exclusion (CE) is made. A CE occurs when the federal agency has previous experience with a certain type of activity and has demonstrated there is no environmental impact. This streamlines the process.

- A Finding Of No Significant Impact (FONSI) is made based on the EA. A FONSI presents the reasons why an action will not have a significant effect on the human environment.