Marine Policy & Wildlife Law Resources
Marine Policy & Wildlife Law resource links are provided by Sirenian International as a service to our members. This
is an overview and introduction ONLY. Although this is a dynamic and evolving webpage, please DO NOT rely on it to be
a complete and comprehensive source of all legal documents related to sirenians around the world! To search for legal
resources specific to your area, we suggest these links as a JUMPING OFF PLACE:
ASIL Wildlife Interest Group |
EcoLex |
LexisNexis |
Westlaw |
Marine Policy at TAMU
Pages outside of the sirenian.org domain will open in a 'new window'; if you return to the sirenian.org window
and click on another link, it will open in the same 'new window', which generally does NOT pop up again, but is still on
your screen under the sirenian.org window. Please email us to report errors, and/or make
suggestions for additional listings. Updated 17 August 2003. Edited by Caryn Self-Sullivan,
[email protected], who built this page in conjunction with Texas A&M's
Marine Policy Course
(OCGN 626)
taught by Dr. Wyndylyn von Zharen. Subscribe to the Marine Policy
Listserv
(http://listserv.tamu.edu/archives/marinepolicy-lt.html).
Legal Protection for Manatees & Dugongs: The following Laws, Treaties, Conventions, Agreements, Documents, Lists,
Programmes, and Recovery Plans are specific to Sirenians; additional related links are included within the
definition. US laws listed last.
International
- UNEP/CEP West Indian Manatee Regional Recovery Plan
English |
Espa�ol |
Fran�ais |
Olde Site
- The Protocol Concerning Specially Protected Areas and Wildlife
(SPAW), adopted by the Governments of the Wider
Caribbean Region during the Conference of Plenipotentiaries, Kingston, Jamaica, 15-18 January 1990, entails the
formulation and implementation of the Regional Programme for SPAW, under the framework of the Caribbean Environment
Programme (CEP). In 1991, the Governments adopted the Annexes to the SPAW Protocol which contain the lists of species
of flora and fauna of regional concern which require protection under the Protocol. Preparation of The West Indian
Manatee Regional Recovery Plan
follows the recommendation of Articles 11 and 21 of the SPAW Protocol, which call for the establishment, publication
and dissemination of general guidelines and criteria for the management and recovery of endangered and threatened
species of regional concern, in the form of regional management plans. The Governments of the region have identified
the West Indian manatee, Trichechus manatus as one of the priority protected species of regional concern.
Consequently
they have requested the formulation of this management plan which was prepared by the Regional Co-ordinating Unit (RCU)
of CEP of the United Nations Environment Programme (UNEP), in co-operation with the Natural Resources Conservation
Authority (NRCA) of the Government of Jamaica.
- UNEP:
United Nations Environmental Programme Mission: To provide leadership and encourage partnership
in caring for the environment by inspiring, informing, and enabling nations and peoples to improve their quality of life
without compromising that of future generations. Visit this new and improved website with resources for the scientists,
governments, journalists, students, businesses, and NGOs.
- CEP:
The Caribbean Environment Programme (CEP) is facilitated by the Caribbean Regional Co-ordinating Unit
(CAR/RCU) located in Kingston, Jamaica. Created in 1986, CAR/RCU serves as Secretariat to CEP. The objectives of the
Secretariat are to (1) Provide assistance to all countries of the region, (2) Strengthen national and subregional
institutions, (3) Co-ordinate international assistance, and (4) Stimulate technical co-operation among countries.
As a sub-programme of UNEP's Regional Seas Programme, CAR/RCU is under the administration of the UNEP Headquarters in
Nairobi, however it is also directly responsible to the member Governments of the Wider Caribbean Region. Indeed,
through the forum of Intergovernmental Meetings held every two years, the participating Governments determine the
content of CEP, review its progress, chart its course and oversee financial and institutional arrangements. In the
interim period between Intergovernmental Meetings there is a nine-nation Monitoring Committee,which jointly with the
Bureau of Contracting Parties is responsible for supervising the development of the programme and providing policy
direction. The UNEP Regional Office for Latin America and the Caribbean (ROLAC) is located in Mexico City and collaborates
with CAR/RCU in areas of common interest.
- Cartagena Convention:
CONVENTION AND PROTOCOLS STATUS PAGE - This page lists the current status and signatories of the Convention for the Protection and
Development of the Marine Environment of the Wider Caribbean Region (Cartagena de Indias, 1983) as well as the status
of the Convention's Protocols: The Cartagena Convention, The Oil Spills Protocol, The SPAW Protocol, The LBS Protocol,
and the Seven Key Environmental Conventions for the Wider Caribbean Region (CMS:Convention on the Conservation of Migratory
Species of Wild animals, MARPOL:International Convention for the Prevention of Pollution from Ships, CBD:Convention on
Biological Diversity, UNCLOS:United Nations Convention on the Law of the Sea, CNWH:Convention on Nature Protection and
Wild Life Preservation in the Western Hemisphere, STC:Inter-American Convention for the Protection and Conservation of
Sea Turtles, CITES:Convention on International Trade in Endangered Species of Wild Flora and Fauna, BASEL:Basel Convention
on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal).
- SPAW:
The SPAW Programme supports activities for the protection and management of sensitive and highly
valuable natural marine resources. This Sub-Programme is responsible for the regionalization of global conventions and
initiatives such as the Convention on Biological Diversity (CBD), the International Coral Reef Initiative (ICRI) and the
Global Coral Reef Monitoring Network (GCRMN). A Memorandum of Cooperation exists between the CBD and UNEP-CAR/RCU to
assist with the implementation of the CBD at the regional level.
- African
Convention on the Conservation of Nature and Natural Resources:
- Signed by 40 African states in 1968?, this convention
protects hundreds of flora and fauna species in Africa, including the West African manatee and the dugong.
- IUCN Redlist of Threatened Species
- The IUCN Red List of Threatened Species provides taxonomic, conservation status and distribution information on taxa
that have been evaluated using the IUCN Red List Categories and Criteria. This system is designed to determine the
relative risk of extinction, and the main purpose of the IUCN Red List is to catalogue and highlight those taxa that are
facing a higher risk of global extinction (i.e. those listed as Critically Endangered, Endangered and Vulnerable). All
sirenians are Red Listed by IUCN.
- CITES: Convention on International Trade of Endangered Species of Wild Fauna and Flora
- CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora) is an
international agreement between Governments. Its aim is to ensure that international trade in specimens of wild animals
and plants does not threaten their survival. CITES was drafted as a result of a resolution adopted in 1963 at a meeting
of members of IUCN (The World Conservation Union). The text of the Convention was finally agreed at a meeting of
representatives of 80 countries in Washington DC., United States of America, on 3 March 1973, and on 1 July 1975
CITES entered in force. CITES is an international agreement to which States (countries) adhere voluntarily. States
that have agreed to be bound by the Convention ('joined' CITES) are known as Parties. Although CITES is legally binding
on the Parties - in other words they have to implement the Convention - it does not take the place of national laws.
Rather it provides a framework to be respected by each Party, which has to adopt its own domestic legislation to make
sure that CITES is implemented at the national level. Not one species protected by CITES has become extinct as a result
of trade since the Convention entered into force and, for many years, CITES has been among the largest conservation
agreements in existence, with now 160 Parties.
- UNEP Convention on Migratory Species
- Webpage in English, Fran�ais, Espa�ol. The Convention on the Conservation of Migratory Species of Wild Animals
(also known as CMS or the Bonn Convention)
aims to conserve terrestrial, marine and avian migratory species throughout their range. CMS is the only global
(and UN-based) intergovernmental organization which is established exclusively for the conservation and management of
migratory species. Although migratory species in general are included in the Convention on Biological Diversity
(CBD)
and migratory fish species are covered by the UN Convention on the Law of the Sea
(UNCLOS), these conventions do not
provide for the special instruments for the conservation work to be done. Other global wildlife conventions, such as
Ramsar, CITES
and the World Heritage Convention (WHC), have their specific fields of application, with little overlap with CMS.
Amazonian manatees were added to the CMS Appendices at COP7 in September 2002. Specific populations of dugongs and
West Indian manatees were previously listed. See Appendices for details.
- IUCN/UNEP/WCMC/CRCR Dugong Status Report and Action Plan
- The purpose of this document is to present a global overview of the status of the dugong and its
management in the various countries in its range. We aimed to provide comparative information that will
enable individual countries to develop their own, more detailed, conservation plans. This document contains information on dugong
distribution and abundance, threatening processes, legislation, and existing and suggested research and
management initiatives for 37 countries and territories in the dugong�s known range. The report is organised
in a geographical sequence from the Western Indian Ocean region, through to the South West Pacific.
Chapter One introduces the Dugong; Chapter 2 comprises information on East Africa; the Red Sea
and the Arabian Gulf. Chapter 3 discusses India and Sri Lanka; Chapter 4 presents data from Southeast
Asia including Japan, Taiwan, China, the Philippines, Vietnam, Cambodia and Thailand; Malaysia,
Singapore and Indonesia; Chapter 5 discusses Palau, Papua New Guinea, the Solomon Islands, New
Caledonia and Vanuatu; and Chapter 6 presents information from Australia.
- Belize:
- Manatees in Belize are listed as endangered under Belize's
Wildlife Protection Act of 1981.
The Belize Manate Recovery Plan was published in 1998. Excerpt: "Manatees could easily utilize space and resources of neighboring countries. It is therefore necessary
that protection reach not only a national level, but extend throughout the Wider Caribbean. A Regional Manatee Recovery Plan
(above) has been published by UNEP, and individual countries were requested by UNEP to write one specific for their nation.
This is the first of such documents, produced through the Belize National Manatee Working Group with the
UNDP/GEF
Coastal Zone Management Project (CZMA&I). This Recovery Plan is a national one, local in nature, following the UNEP's outline.
As Belize is known to have the greatest population of the Antillean manatee in the Wider Caribberan, it is postulated that this
population may serve as a source for neighboring countries' populations. Therefore, protection here is essential for the
survival of the species within this region" (Auil 1998). Although The Plan is a product of the MOU between CAR/RCU and
the Belize Fisheries Department, the Conservation Division of the Forest Department is charged with enforcing
rules and regulations related to this endangered species in Belize. A National Manatee Working Group, organized by
the Coastal Zone Management Authority & Institute, makes recommendations to the Conservation Division prior to issuance of
manatee research permits. This document is not available in electronic format. We have one
copy in Caryn's personal library.
- Brazil:
Portaria. Cria��o um lei da pesca
- Translation: Implementation of fisheries law. 1967. Statutory Instument. Official Reference No. 681/1971.
Subject:
Fishing/management/use of harvestable fish; Marine resources conservation/management. Comments: Regulates fishing;
applies specifically to certain aquatic amphibians, reptiles and mammals; regulates certain fishing methods;
establishes minimum sizes and closed areas for the taking of lobsters; provides for the granting of concessions for
the exploitation of sea-weeds; prohibits the taking of manatees, otters and blue whales; regulates the use of
fishing gear; also regulates sport fishing. Specifically mentions Order Sirenia and Trichecus manatus.
- Colombia: Title Resoluci�n que establece la veda de la caza de algunas
especies de la fauna silvestre
- Translation: Resolution setting hunting prohibitions for certain wildlife species. 1969.
Official Reference Number No.574/1969. Statutory Instrument. Subject: Hunting/management/use of harvestable species.
Comment: Prohibits the taking of certain species of mammals; specifically mentions Trichechus manatus
and Trichechus inunguis.
- Costa Rica:
Decreto que proh�be la cacer�a
- Translation: Decree Prohibiting Hunting. 1972. Official Reference No.2517/1972 (2517-A/1972.
Statutory Instrument. Subject: Animal species protection/management; Hunting/management/use of harvestable species.
Comments: Specifically mentions Trichechus manatus. Also refers to ACT, below.
Ley de la Conservaci�n de la Fauna Silvestre
Translation: Law on the Conservation of Wildlife. 1970. Official Reference No.4551/1970. Official
Publication La Gaceta No.95 - 19700428 - . Act. Subject: Animal species protection/management. Comments:
Declares that the conservation of wildlife is a matter of
public interest and that wild species belong to the nation
and can only be acquired according to the provisions of
this Law; the conservation of animals useful to man is
considered to be of major importance; the Ministry of
Agriculture is the only body responsible for the
exportation of wild animals as well as for the domestic
trade in these animals; the activities of taxidermists will
be controlled; the domestic and foreign trade in hides and
pelts of wild animals, as well as in the meat , bones ,
feathers or eggs of these animals is completely prohibited;
this law also provides for the establishment of reserves
and lays down rules relating to hunting and fishing
(Abstract 1987).
Lista de especies animales en vias de extinci�n o poblaci�nes reducidas
Translation: List of animal species subject to extinction or reduced populations. 1984.
Official Reference No.15895/1984. Statutory Instrument. Subject: Animal species protection/management.
Comments: Lists endangered animal species and species having reduced
populations; the taking and keeping in captivity of
animals belonging to these species if prohibited; the
export of such animals and their products is also
prohibited; exceptions to these rules may only be made
where they are required , on the basis of scientific
evidence, for the survival of the species concerned;
(see Act 6919 of 17 November 1983 on the conservation of
wild fauna ); this includes the carrying out of biological
research undertaken by or in co-ordination with the
Wildlife Department where these are necessary for the
survival of the species and the collection of live
specimens for registered captive breeding facilities
provided 30 per cent of the offsprings are handed over to
the Wildlife Department for release into natural areas
(see Decree 15.273 MAG of 10 April 1984).
(Special Abstract 1991). Specifically mentions Trichechus manatus.
Decreto - Lista de
Especies en Peligro de Extinci�n y Lista de Especies autorizadas de Caza
- France/Guyane:
Arr�t� fixant sur tout ou partie du territoire national des mesures de protection des mammif�res repr�sent�s dans
le d�partement de la Guyane
- United Kingdom of Great Britain and Northern Ireland:
An Act to restrict the importation and exportation of certain animals , plants and items and to restrict certain transactions
in respect of them or their derivatives , to confer on the Secretary of State power to restrict by order the places at
which live animals may be imported , to restrict the movement after importation of certain live animals , and for
connected purposes.
- Guatemala: Ley General de Caza
- Jamaica: The Wildlife Protection Act
- Malaysia: An Act to consolidate the laws relating to and to further provide the protection of wildlife and for purposes connected therewith
- Mexico:
Acuerdo por el que se establecen los criterios ecol�gicos CT-CERN-001-91 que determinan las especies raras , amenazadas ,
en peligro de extinci�n o sujetas a protecci�n especial y sus endemismos , de la flora y la fauna terrestres y acu�ticas
en la Rep�blica Mexicana
MORE TO COME, SEE SIRENIA
United States
- Endangered Species Act
- The purposes of this Act are to provide a means whereby the ecosystems upon which
endangered species and threatened species depend may be conserved, to provide a program for the
conservation of such endangered species and threatened species, and to take such steps as may be
appropriate to achieve the purposes of the treaties and conventions set forth in subsection (a) of this
section. The NMFS Office of Protected Resources (OPR) is charged with the implementation of the Endangered Species
Act of 1973 (ESA) for marine and anadromous species. The U.S. Fish and Wildlife Service
(USFWS) implements programs and
regulations for terrestrial and freshwater species under the ESA. AS SUCH, the USFWS oversees sirenian conservation
management in the United States.
- MMPA: Marine Mammal Protection Act
- The Marine Mammal Protection Act of 1972 (MMPA) was most recently reauthorized in 1994. The MMPA
established a moratorium, with certain exceptions, on the taking of
marine mammals in U.S. waters and by U.S. citizens on the high seas, and on the importing of marine mammals and marine
mammal products into the United States. Sirenians are covered in the MMPA. The NMFS Office of Protected
Resources is charged with the implementation of the
Marine Mammal
Protection Act (MMPA), Endangered Species Act (ESA), and the Fur Seal Act (FSA) with respect to the marine mammal
species under NMFS jurisdiction. These marine mammals include whales, dolphins, porpoises, seals, and sea lions.
The U.S. Fish and Wildlife Service (USFWS)
implements programs and regulations for the remaining marine mammal species,
including walruses, polar bears, sea otters, and manatees.
- USFWS Florida Manatee Recovery
Plan, 3rd Revision 2001
- The U.S. Fish and Wildlife Service developed the initial recovery plan for the West
Indian manatee in 1980. This plan focused primarily on manatees in Florida, but
included Antillean manatees in Puerto Rico and the U.S. Virgin Islands. In 1986, the
Service adopted a separate recovery plan for manatees in Puerto Rico. Then in 1989
the Service revised the original plan to reflect new information and planning needs
specifically focused on Florida manatees. This first revision covered a 5-year
planning period ending in 1994. The Service revised and updated the plan again in 1996, which again covered a 5-
year planning period ending in 2000. In 1999, the Service initiated the process to
revise the plan for a third time. An 18-member recovery team, made up of both public
and private groups that have an interest in manatee recovery and/or could be affected
by proposed recovery actions, was established to assist the Service in drafting this
revision. After reviewing and addressing public comments on our two previous drafts, the
Service has released the Florida Manatee Recovery Plan, 3rd Revision. The entire 5.4 MB document is available in
PDF format from this site (near the bottom of the page).
Societies & Organizations
One way to stay current with current events, changes in laws, etc., is to join an organization or society related to
your interest. Check out these links for more information:
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