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International Law and Ocean Use Management The evolution of ocean governance Lawrence Juda Ocean Management and Policy Series ' FR“.
Table of contents
- 3. Policy and Legal Frameworks
- International marine environmental governance: A review
- 1st Edition
- Center for Oceans Law and Policy
- Publications on Ocean Development
Volume Editor s : Myron H. Publication Date: 01 Jan Life below Water.
3. Policy and Legal Frameworks
Publication Date: 16 Oct UN Convention on the Law of the Sea. Publication Date: 17 Oct Law and Policy. Publication Date: 11 Apr Continental Shelf, Navigation, and Fisheries.
Publication Date: 21 Mar Publication Date: 09 Oct Rethinking International Standards. Publication Date: 22 Aug Publication Date: 06 Sep US Accession and Globalization. Soons and Hak-So Kim. In this 3rd legal bulletin in this Fiji Marine Pollution Law Series, we consider Fiji's legal framework to regulate and control littering. The major threats to our oceans are well understood, and include pollution from land based sources.
International marine environmental governance: A review
For those interested in this area, it should be noted that Mr Filimone Tuivanualevu who is admitted as a barrister and solicitor of the High Court of Fiji, has also published a legal bulletin entitled " How does the law protect rivers in Fiji from pollution? In further planned legal bulletins in this series we will consider Fiji's laws in relation to marine pollution from household waste and the potential civil liability that polluters who cause harm may incur based on common law negligence.
Ocean Law Bulletins.
Through this process, we seek to ensure that impacts to marine wildlife resources are adequately described and that needed mitigation is provided. We are responsible for implementing and enforcing more than 40 laws and policies to protect living marine resources. These include laws to deal with illegal, unreported, and unregulated fishing; illegally trading fish and wildlife; and even the National Marine Sanctuaries Act, which designates and protects areas of the marine environment with special national significance.
Signed into law in , the purpose of the act was to tighten U. The AFA established sector allocations in the BSAI pollock fishery, determined eligible vessels and processors, allowed the formation of cooperatives, set limits on the participation of AFA vessels in other fisheries, and imposed special catch weighing and monitoring requirements on AFA vessels. Learn more about the AFA and pollock fisheries management. The Animal Welfare Act ensures humane care and treatment for certain animals that are exhibited to the public, bred for commercial sale, used in medical research, or transported commercially.
Marine mammals on public display at aquariums fall under this act.
- Rights beyond Borders: The Global Community and the Struggle over Human Rights in China;
- 1st Edition;
- Center for Oceans Law and Policy.
Facilities using regulated animals for regulated purposes must provide their animals with adequate housing, sanitation, nutrition, water and veterinary care, and they must protect their animals from extreme weather and temperatures. Learn more about the Animal Welfare Act. Based on these stock assessments, member nations negotiate quotas and other management recommendations for these species. Ideally, the management recommendations rebuild overfished stocks and allow for sustainable fishing of these species across the Atlantic Ocean, including the Mediterranean Sea, the Caribbean Sea, and the Gulf of Mexico.
Learn more about the Atlantic Tunas Convention Act.
The National Aquaculture Act of is a U. Learn more about the National Aquaculture Act. In passing the Billfish Conservation Act, Congress recognized the conservation challenges facing billfish populations in the Atlantic and Pacific Oceans. Section 4 a of the act prohibits any person from offering billfish or billfish products for sale, selling them, or having custody, control, or possession of them for purposes of offering them for sale.
Learn more about our role in the Billfish Conservation Act. Under the act, there is a state-federal consistency provision that requires federal actions undertaken by federal agencies be consistent with enforceable policies of approved state management plans. Learn more about the Coastal Zone Management Act. Fish and Wildlife Service, and state wildlife agencies when proposed actions might result in modification of a natural stream or body of water.
Federal agencies must consider effects that these projects would have on fish and wildlife development and provide for improvement of these resources. Under this act, we provide comments to the U. Army Corps of Engineers during review of projects under section of the Clean Water Act concerning the discharge of dredged materials into navigable waters and section 10 of the Rivers and Harbors Act of obstructions in navigable waterways. Our comments aim to reduce environmental impacts to migratory, estuarine, and marine fisheries and their habitats.
Learn more about the Fish and Wildlife Coordination Act. The High Seas Fishing Compliance Act requires that all commercial fishing vessels registered in the United States have a permit to fish on the high seas. The high seas are those waters extending beyond the exclusive economic zone, or seaward of miles. Those holding this permit must comply with international living marine resource agreements, including any measure implementing such agreements. Permit holders are required to record all fishing efforts on the high seas.
Learn more about permitting, reporting, and requirements for vessel monitoring systems and fishery observers. Combating IUU fishing and seafood fraud is critical to sustaining the resilience of our global ocean fisheries, to leveling the playing field for the U.
Center for Oceans Law and Policy
The legislation includes several provisions designed to prevent illegally harvested fish from entering the United States and supports efforts to achieve sustainable fisheries around the world, including the Port State Measures Agreement. This agreement aims to prevent vessels carrying fish caught illegally from entering U.
Together, the IUU Fishing Enforcement Act and the Port State Measures Agreement protect domestic fishermen from unfair competition and ensure consumer confidence in the seafood supply chain. Learn more about U. The Lacey Act, passed in as the first federal law protecting wildlife, was originally created to protect game and wild birds by making it a federal crime to poach game in one state with the purpose of selling the animal in another state.
Today, the act reinforces other federal, state, and foreign wildlife protection laws by making it an offense to take, possess, transport, or sell wildlife that has been taken in violation of any law.
Publications on Ocean Development
The act also prohibits the falsification of documents for most shipments of wildlife a criminal penalty and makes the failure to properly mark wildlife shipments an offense civil penalty. The Lacey Act has been amended several times since its inception in The most significant amendments were those of , , and Among other changes, the amendments expanded the act to include amphibians, reptiles, mollusks, and crustaceans.
As it relates to NOAA Fisheries, the amendments expanded the scope of the act in response to an increase in the illegal trade of fish and wildlife, both domestically and internationally. Additionally, new language was adapted, and the penalties for civil and criminal violations were increased.
The Lacey Act is considered one of the broadest and most comprehensive federal laws that conservation enforcement personnel can employ to protect wildlife. Learn more about the Lacey Act. The Migratory Bird Treaty Act makes it illegal to take, possess, import, export, transport, sell, purchase, barter, or offer for sale, purchase, or barter, any migratory bird, or the parts feathers , nests, or eggs of such a bird except under the terms of a valid federal permit.
Learn more about the act and the birds that are protected. Learn more about invasive and exotic marine species. The primary objective of the National Marine Sanctuaries Act is to protect marine resources, such as coral reefs, sunken historical vessels, or unique habitats. The act authorizes the U. 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.
The act was created to conserve, manage, and rebuild the halibut stocks in the Convention Area to those levels that would achieve and maintain the maximum sustainable yield from the fishery. It authorizes the U. Secretary of State, with the concurrence of the U. Secretary of Commerce, to accept or reject on behalf of the United States the halibut fishery regulations and management recommendations developed by the International Pacific Halibut Commission.
Secretary of Commerce to implement, additional halibut fishery regulations governing the U. Learn more about the Northern Pacific Halibut Act. In response to the Exxon Valdez oil spill, the U. Congress passed the Oil Pollution Act of The act amended the Clean Water Act and addresses issues associated with preventing, responding to, and paying for oil pollution. Responsible parties are made accountable for the clean up costs. Fish and Wildlife Service.
Learn more about the Oil Pollution Act. The Shark Conservation Act allows for sustainably managed shark fisheries while eliminating the harmful practice of finning—a process of removing shark fins at sea and discarding the rest of the shark. The act requires that all sharks in the United States, with one exception, be brought to shore with their fins naturally attached.
Learn more about our role in the Shark Conservation Act. Among other things, the act prohibits whaling in violation of the Convention. Learn more about co-management of subsistence hunts with Alaska Natives. There are several policies that determine how we manage and study living marine resources. Policies are statements of and instructions for implementing high-level direction and positions that guide organizational decisions and actions. These written policies promote accountability and consistency in management and science practices and demonstrate our commitment to implementing identified priorities.
In the United States, marine aquaculture operates within one of the most comprehensive regulatory environments in the world.