Student: Rylie Neely
Graduation date: May 2020
Type: Concentration (single major)
Date approved:
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Summary
My concentration looks at the different ways in which oceans are regulated and managed in order to conserve their biodiversity and ecosystems. Because the ocean is a global commons and does not have a singular international governing body, regulating resources and managing marine ecosystem preservation poses a constant challenge (Law Division). The intersection of conservation and environmental law in the oceans is an especially complex issue that constantly tugs between preservation and subsistence. The preservation of marine ecosystems is crucial to their existence, however it is difficult to justify preservation in areas where people rely on fishing and marine resources for survival. In addition, the implementation and enforcement of ocean policy regulation is challenging in of itself, and requires a vast amount of resources, research, and understanding in order to succeed (Boyle 1994). The issues of marine preservation and human needs intersect in meaningful and complex ways. I plan to focus my concentration on these intersections, using different frameworks within environmental law in order to look at effective ocean conservation.
Ocean conservation is integral to helping sustain life on Earth. The ocean plays a huge role in carbon sequestration, provides jobs and occupations for many people, and food for millions. With increased overfishing, climate change and other exploitations the ocean is experiencing, biodiversity and ecosystem services are being greatly threatened. Humans are the primary cause of the ocean’s decline in fish populations and biodiversity loss, as well as the increasing inability to provide food, maintain water quality, and recover from other disturbances (Jackson 2001). Declining populations, biodiversity rates, and further ecosystem degradation could have lasting impacts felt for generations. Working to conserve marine ecosystems will be increasingly crucial as the population continues to rise and a higher demand for food and other ocean resources. This issue is recognized, however it is difficult to understand the most efficient and successful way to implement and enforce ocean regulation and conservation.
As mentioned above, there are many reasons for ocean degradation and humans have been the cause of many of them. There is evidence of extensive coral bleaching due to high water temperatures, high solar irradiance, and disease (Brown 1997). Overfishing occurs in many parts of the ocean, due to unregulated and under enforced rules, causing high rates of biodiversity and population loss. Due to globalization of trade and commerce we are also seeing an increased spread of invasive species from sea to sea through global cargo ships and marine vessels (Hulme 2009). Invasive species have detrimental effects on already vulnerable marine ecosystems. The ocean is experiencing many issues and it is important that they begin to be managed through the implementation of effective regulation.
There are many frameworks and theories in regards to ocean conservation that conflict and challenge one another. Where some groups argue that community and locally scaled action is the most appropriate measure for effective regulation, others argue that institutional regulation would be more successful (Berkes 2006). Local action allows for a thorough understanding of an area’s culture, economic systems, and ways of life. It may allow for a more comprehensive enforcement that caters to an area’s needs while maintaining a level of conservation or regulation. On the other hand, some argue that action on such a small scale would prove inconsequential or insignificant and that large scale regulation would be more effective. However, a major concern with institutional scale action lies in the tendency for centralized governments to use the resource for power and control (Edwards 1994).
Another form of ocean conservation is the implementation and creation of marine reserves, which are areas that are completely protected from activities that remove or reduce animal and plant populations. Some argue that these reserves are insufficient because they are not isolated from critical impacts such as chemical contamination, which is why they need to be complemented by outside management strategies (Allison 1998). Because these reserves provide fully protected habitats, scientific evidence shows that these marine reserves usually “boost the abundance, diversity, and size of marine species living within their borders.” (Protect Planet Ocean 2010) Marine Protected Areas differ from marine reserves in that they are only protected seasonally or for the short term.
The United Nations Convention for the Law of the Sea (UNCLOS III) was made effective Nov. 16, 1982, in order to help establish comprehensive rules with which to govern the sea. The ‘law of the sea treaty’ (as it often called) helps defined the territorial areas of the sea in which nations can exploit their marine resources. The treaty “established the rules for the use of the high seas for international navigation, and outlined the rights and responsibilities of nations in the protection of the marine environment.”(Scribd) The 200 mile area offshore is known as the exclusive economic zone (EEZ) and is the area in which any country can use these waters for their own economic utility (Shardra 2016). NOAA is responsible for depicting the limit of the EEZ 200 nautical mile, and other zones on their officially and internationally recognized nautical maps. Although the UNCLOS has 160 members, the US has not ratified the treaty. The ocean is a resource that is not owned, governed, or regulated by anyone, and the methods with which we manage it in the future will become more and more crucial to its survival.
For my concentration I am looking at ocean conservation through the many different frameworks that take shape within environmental regulation and law. The ocean is currently experiencing a massive disruption in its ecosystems and effective conservation, and regulation must be implemented in order to begin to improve the situation, however there are many frameworks to which this regulation could take shape. Because the ocean represents a common resource it is not governed by one body, but is used subsistently by many, which makes successful conservation a difficult feat.
References
Allison, Gary W., Jane Lubchenco, and Mark H. Carr. 1998. “Marine Reserves Are Necessary but Not Sufficient for Marine Conservation.” Ecological Applications 8 (1). doi:10.2307/2641365.
Berkes, Fikret. 2006. “From Community Based Resource Management to Complex Systems.” Ecology
and Society. The Resilience Alliance.
BOYLE, ALAN E. 2018. INTERNATIONAL LAW AND THE ENVIRONMENT. OUP.
Brown, B. E. 1997. “Coral Bleaching: Causes and Consequences.” Coral Reefs 16 (January). doi:10.1007/s003380050249.
Delc. n.d. “Law Division.” Global Commons. http://staging.unep.org/delc/GlobalCommons/tabid/54404/Default.aspx.
Edwards, Steven F. 1994. “Ownership of Renewable Ocean Resources.” Marine Resource Economics 9 (3): 253–73. doi:10.1086/mre.9.3.42629084.
Hulme, Philip E. 2009. “Trade, Transport and Trouble: Managing Invasive Species Pathways in an Era of Globalization.” Journal of Applied Ecology 46 (1): 10–18. doi:10.1111/j.1365-2664.2008.01600.x.
Jackson, J. B. C. 2001. “Historical Overfishing and the Recent Collapse of Coastal Ecosystems.” Science 293 (5530): 629–37. doi:10.1126/science.1059199.
“Protect Planet Oceanis AboutMarine Conservation.” n.d. What Are Marine Reserves? http://www.protectplanetocean.org/collections/introduction/introbox/reserves/introduction-item.html.
Sharda. 2016. “Nautical Law: What Is UNCLOS?” Marine Insight. July 21. https://www.marineinsight.com/maritime-law/nautical-law-what-is-unclos/.
US Department of Commerce, National Oceanic and Atmospheric Administration. 2011. “What Is the Law of the Sea?” NOAA’s National Ocean Service. September 13. https://oceanservice.noaa.gov/facts/lawofsea.html.
“What Is UNCLOS.” n.d. Scribd. Scribd. https://www.scribd.com/document/329102285/What-is-UNCLOS.
Questions
- Descriptive:
- What are the major forces threatening marine biodiversity?
- What are the intersecting factors of marine conservation and management?
- What policies have been implemented regarding ocean management?
- Explanatory:
- In what ways do humans degrade and overexploit the ocean’s resources and ecosystems?
- Why are these drivers present?
- Evaluative:
- What have been the effects of anthropological causes on marine ecosystems?
- What have been the effects of ocean management and regulation thus far?
- What has been successful in ocean resource and conservation management?
- Instrumental:
- What role should activism, awareness, and ecotourism play in conservation?
- What role should environmental law play in ocean conservation?
- How should environmental law be implemented in order to manage ocean conservation?
Concentration courses
- GEOL 270 (Issues in Oceanography, 5 credits) Spring 2018 - This course will allow me to gain a deeper and more compressive understanding of the ocean including the physical, chemical, geological, and biological dynamics. ENVS 350 (Environmental Theory, 4 credits) Spring 2018 - This class will help me think differently and more abstractly about "problems" and "solutions" and other environmental assumptions that tie into ocean conservation and environmental policy. ENVS 460 (Environmental Law and Policy, 4 credits) Fall of 2019 - This course will allow me to gain a better understanding in environmental law and policy and how to effectively implement regulation so that I can connect that to ocean conservation. GEOL 340 (Spatial Problems in Earth System Science, 5 credits) Spring 2019 - This course will help strengthen my understanding of earth's systems as a whole and how different elements, like the ocean, play into spatial patterns and earth's processes.
Arts and humanities courses
- HIST 261 (Global Environmental History, 4 credits). Pre-approved A&H course; no justification required.
- PHIL 215 (Philosophy and the Environment, 4 credits). Pre-approved A&H course; no justification required.