Role Of The Precautionary Principle In
Report On The Conservation (Chapter 2)
The Application Of The Precautionary Principle In The Conservation And Sustainable Use Of Marine Biodiversity
There exists a direct relationship among sustainable development of fisheries and he concerned precautionary management. It was agreed by the 94th Session of FAO Council in 1988, that sustainable development is the management as well as conservation of the natural resource base. This has also led to the positioning of technological as well as institutional changes in a specific manner which ensures attaining and continuing satisfaction of demands of humans in relation to present and future generations. The strategies are also required to attain sustainability of high degree in the use of natural renewable resources by the humans, moreover which are not even easy to believe and utilize.
There is also an increased demand for improving the conventional fishery management and that needs to be attached to an increasing concern for enhancing the management of environmental issues. This has been developed in consequence to of World Conference on Human Environment and Fishery Development and Management. It also states that the present condition of fisheries is because of poorly controlled management by the concerned authorities. Thus, it is also identified that in natural ecosystem, the abundance of preys and predators and their variations are controlled and maintained within the compatible limits of ecosystem sustainability.
Thus, in this respect it can be said that the concept of precautionary principle aims to improve preservation of environment and the available resources through reduction in risk of damaging them. Further, it also promotion and achieving an equitable balance within short duration is also intended, regarding present environmental degradation and overfishing Thus, it can be said that this can be referred for public actions as well as policies and this also includes two core principle such as it strengthens the need of environmental protection which further also intents to encourage hindrance in proportion to the potential risks. However, the other one is concerned about the obliteration of risks. Henceforth, it is clear that the application of this principle within the fishing sector came into existence in response to the view of the condition in relation to resources and lack of effectivity which warrant the sustainability of the exploitations.
Coral reefs can be characterized as biologically rich ecosystem on earth which helps in providing foods, job opportunities, money and security to many people across the globe. However, proper actions are required to be taken else coral reefs and the magnificent creatures could arise danger at the time when it appears. They could threatened through an accretive range of influences in the form of pollution, diseases and it could also alter global climate. At the same time, it is also observed that the rapid involvement of these aspects could decline the loss of ancient valuable ecosystem which have significant social, economic and environment consequences all over the world. For instance President of the US enforced the Coral Reef Task Force in 1998 with the intention of protecting and conserving coral reefs.
The CRTF is under obligation to undertake tasks of mapping and monitoring the coral reefs of US, which further assists in research in relation to causes of coral reef degradation. This also includes pollution and over fishing and besides this, it also finds solutions to these problems. Further, it also promotes conservation to suitable use of coral reefs. NOAA (National Oceanic and Atmospheric Administration) acts as the principle member of CRTF; thus it has the responsibility to conserve coral reef ecosystems. All the attempts are being carried out through the Coral reef Conservation Program which operates with scientific, government and non-governmental organization to achieve the goals of the CRTF. National Oceanic and Atmospheric Administration also uses high resolution satellite imagery and Global Positioning Satellite technologies which has helped in making digital maps of reefs in Puerto Rico.
It also uses satellite technology so as to detect harmful algal blooms which has the capability to smother reefs and apart from this, it also works in monitoring elevated sea surface temperature which further can cause coral bleaching. National Oceanic and Atmospheric Administration works as a protective measure through which biodiversity can be managed and sustained. It also aids in monitoring reefs using the Coral Reefs Early Warning System which consists of buoys that is deployed at reef sites that measures air temperature, wind speed and direction, barometric pressure, sea temperature and tide levels. However, in addition to the above monitoring process, it also assist in conducting research, assessment and restoration projects of coral reefs in marine reserves and among deep- sea coral blanks.
Furthermore, it is also ascertained that National Oceanic and Atmospheric Administration works to remove tons of marine debris from the North-western Hawaiian Islands and restore damaged reefs. As per the discussion, it can be said that monitoring, research as well as restorations are imperative in terms of safeguarding coral reefs. However, for ultimate protection, legal mechanisms are also required to be followed. In terms of legal aspects, it involves the establishment of marine protected areas because it have added force of law (protected marine enclosure). This is a major part of coral reef system which could also enhance the chances of survival of ecosystem.
Marine protected areas adverts the regions in which activities undertaken by humans cause reduction in population in a direct or indirect manner through habitat alteration. This eliminates risks on greater extent. This spatial explicit approach aids in managing influences of humans that has many potential ecological and socio-economic benefits. This can increase problems that are vital to accepted management practices; hence it could benefit the conventional practices. Precautionary principles have been developed for the purpose of conservation and management as it includes patterns in relation to haphazard design, execution, enforcement and judgment. This often produces equivocal and contradict evidence for both ecological and evaluation aspects.
For instance – absence of full scientific certainty about marine species are threatened with extinction and this is also at greater risk which is related to marine ecosystem. In this respect, the ruling bodies have established creation of marine protected areas which is one of the instruments that works to safeguard the integrity of ecosystem and of marine biodiversity. While, on the other hand it also aids to protect and restore threatened marine species through the application of precautionary principle. This also works as a management strategy which protects the value of marine life. Complementing an ecosystem’s protection through precautionary principle could threatened species which are also protected by numerous other strategies. Apparently, threatened species covers three categories for extinct and threatened species wherein marine species are at greater risk.
Application of Precautionary principle in this area of concern as a process to implement MPAs and this also protects threatened species that assesses the risks that are implicit in managing those areas and species. This also involves analysing several factors which creates and manages other areas. It also creates emphasizes on several conventional management practices; thus it could supplant other practices. There are many challenges for the managers to be followed along with conservation scientists and economists. One of the major challenges that manager faces is to foster agreement among the stakeholders regarding the proposed system of MPA. This has also prepared national action plans for species conservation and recovery. Along with this, specific policies are also being formulated to protect and recover species and the licensing of potentially or effectively pollution activities.
Therefore, it can be said that precautionary principle application to biodiversity conservation and marine natural resources acts as one of the fundamental tools in direction of sustainable development. This also provides guidance for governance and management at the time of responding to risks and uncertainties. Thus, it can be said that along with federal government and high courts, such regulation have been developed under precautionary principle for conserving marine reserves. Relying on the accepting nature of this population and communities of coastal marine species, dispersal of reproductive propagules is vital to implement under marine protection which also assist in enhancing the value of ecosystem. Apart from this, there are many species that have limited dispersal potential. Thus, it is clear that many species have restricted potential to disperse which also states that local population of species with great dispersion can be to some extent self- replenishing.
Marine coastal protected areas
From general point of view, marine protected areas are known for those areas wherein protective and restorative precautionary measures have been instituted so as to protect and conserve species that exist in the ecosystem, habitats, ecosystems and ecological procedure of the marine environment. In this context, OSPAR Ministers have agreed upon this so as encourage the development of a network that protects marine areas and this also follows a time scale which leads to preparatory work. This is typically established so as to develop an ecologically coherent network of MPAs in the North-East Atlantic which is also appropriately managed by OSPAR network. This has been established for the purpose of protecting, conserving and restoring species, habitats and ecological processes which can experience issues related to human activities.
This also aids in preventing degradation and harm of types of species, habits and ecological processes through considering precautionary principle. This also protects and conserves areas that represents various habitats that present in the environment especially in the maritime areas. The progress has been made by Constricting Parties which also identifies, selects and establishes MPAs as major mechanisms of the OSPAR network. This has been included in the latest progress report on the network which also includes a framework that describes the network. There are several legislation developed by the governmental bodies which also aims to follow Precautionary Principle and this is usually observed in the global legal framework in the mid-1980s. It also states that the principle is useful in providing directions about the execution of international environment where there also exist a scientific uncertainty. At the same time, it is also reflected in the Principle 15 of the Rio Declaration which at the same time also represents several threats that can even pose harmful impacts on the environment. Thus, this can be used as a factor that postpones the effective measures which are vital in terms of safeguarding the environment from several harmful facets.
The standards are also useful in suggesting that proper actions needs to be taken in scientific evidence so that it could significantly protect environmental damage. In this domain, the precautionary approach has been applied as this relies on the relation which includes the prospective ways that aids in protecting the environment from different aspects. Thus, it also states that prior implementing any plans, proof of harmful effects should be considered. This also established the fact precautionary principle are usually adopted for the purpose of enhancing the economic prospects. Further, it could also be said that for the purpose of achieving sustainable development, there must be suitable regulation of policies that emphasizes on regulation of precautionary principle; however at the same time environmental measures must also be adopted in the same realm so that hazardous activities can be safeguarded in the best possible manner.
In this line, OSPAR Convention also shows a direct link between safeguarding and precaution. Thus, it is clear that preventive measures are required to be adopted so that environment can be protected from diverse grounds. This exists even at the time where there do not have any sort of aspect concerned with causal relationship among inputs and the impacts. This also needs to be executed by the 1992 Baltic Sea Convention that establishes diverse variables and which also requires preventive measures. This also includes a reason which assumes that it might harm and cause the environment. Nevertheless, there is also a need to set criteria which identifies threshold that includes scientific evidence that exists regarding environmental challenge, seriousness of the impacts of such factors. It also has an integration with The Fish Stocks Agreement that is required to be applied under precautionary approach to fishing and to safeguard of association ecosystems and species. In this context, it could be said that a precautionary approach to fishing should be implicitly applied which entails to set out the details mentioned under Agreement 1995.
Environment protection and national sanctuaries is essential to be protected and to do so, the government has established several acts and legal requirements which also provides protection for enhancing the quality of the environment. At the same time, Government has introduced the Protection of the Environment Administration Act 1991 have been developed for the purpose of enhancing the aspects of sustainable development which is an important aspect of the eco-system. In this context, it can be said that the precautionary principle is essential since it assist in the accomplishing development in the environmental facets. It is also ascertained that if threats are present which can damage the environment, then it can affect the entire environmental values. This also depicts that there is exists a scientific certainty which plays crucial role on adopting new measures to safeguard the degradation of environmental aspects.
Although, EPA is in practice and it is also concerned primarily with challenges that are associated with pollution in disposing of water. Therefore, it does not have broad powers to involve in the regulatory policy that is being perused by other organizations and agencies in environmental contexts. It is also mentioned in the Protection of the Environment Administration Act, that organizations can provide specific directions to public bodies and private councils (that work in this sphere) so that they can perform several actions as per the powers they have. This will also aid in contributing in protecting the environment and at the same time it can also diminish all such activities that can hamper the value of environmental facets. Therefore, it is also analysed that environment protection includes activities related to protection, restoring and maintaining ecological sustainable development. This also gives the information about EPA which needs some bargaining power and negotiation as well with those resources and environmental agencies with which it could become more involved.
Talking about the practices, it can be said that although the EPA has become increasingly active in the field of biodiversity conservation by its engagement in protecting in stream flows and licensing, it has so far shown no state of inclination to become involved in issues of biodiversity conservation on privately owned land. For instance- in Leatch v National Parks and Wildlife service 81 LGERA 270 Stein J made it clear that failure to incorporate the principle specifically into legislation was not the end of the matter. In this case, precautionary principle under legislation was not applied according to principles that are essential in ecological sustainable development, however it was flexible enough to accommodate with it. The case has also involved a third party appeal for the purpose of granting licensing so that endangered species can be restricted which usually destroys the habitat present in the eco-system.
The precautionary principle seems to provide framework regarding legal management that considers the impact of uncertainty. It is also responsible in providing guidance about the actions that can pose serious risks to the environment or health aspects of the human. This depicts that there is lack of scientific certainty which usually denotes harm. At the same time, the principle also showcases a formalized procedure that delays action in until harm becomes certain and at the same time, it will often means delaying. In this context, it can be said that precautionary becomes accurate at the time when threats are present to the environment and where specific policy formation are not there while changing the environment facets. However, on the other hand a few formulations provide more guidance which also comprises of several aspects that changes the value of precautionary. Along with this, science based risk assessment can also be considered as vital because it is an important aspect that is used in the area of precaution.
The requirement of precaution develops at the time when there exist several threats that can impact the environment; however, it is also observed that this aspect of precautionary principle does not hold that much importance. It is also confined to irreparable damage, wherein there exist no provision for protection and it just specifies the requisite that lacks scientific certainty. Therefore, this should not be considered as a dimension that brings obligations which are also cost effective in nature.
The Environment Protection and Biodiversity Conservation Act 1999 is useful in providing for the proclamation and management of commonwealth reserves. This further also proclaims under the EPBC Act which include commonwealth terrestrial reserves such as national parks, botanic reserves and nature reserves. Statutory rights are also defined as entitled authority that aids in managing and controlling the functions of commonwealth reserves under the EPBC Act. The practices typically include the safeguarding and management of biodiversity aspects in protecting the commonwealth reserves. This has also declared provisions for commonwealth marine reserves which works in the area of sea and which is also governed by Governor- General of Australia. The authority is responsible in speaking about the area from the seaward boundary of State and Northern Territory coastal waters to the exterior of the Exclusive Economic Zone 200 nautical miles which is also far from the territorial sea baseline.
However, the areas that comes outside Australia have several legal aspects which protects the international agreement and which also gives several guidelines about the protection of marine parks. In addition to this, the EPBC Act also contains a procedural value that needs to be adhered before declaring the intervention of a commonwealth reserve. This procedure also focuses on determining the notice that invites public authorities on the proposal and afterwards it declares a commonwealth reserve. Thus, along with this, diverse stages are also includes which needs to be considered if reserve needs to be satisfied under the established guidelines. It is also essential for the entities to include proclamation declaration which considers name of the reserve, purpose regarding its declaration, depth of the seabed under any sea that exists there in the reserve and assigning the reserve to an IUCN category.
This announcement is essential in terms of segregating a reserve into different zones and at the same time it should also assign IUCN category to each zone. IUCN categories usually ensures appropriateness in specifying the protective aspects of diverse areas. For instance- the Australian Government has also emphasized on the World Conservation Union’s on international basis which has also recognized set of protected area management categories. In this respect, commonwealth marine protected areas include reserves which are concerned with IUCN category. Besides this, there are various commonwealth marine reserves general administrative principles which needs to be followed so that conservation aspects can be managed appropriately. This also needs to have community participation so that it can provide broader extent in the context of participation from community, public organizations and private interests in formulating and conducting all the function of the reserve or zone.
This also includes the provision of effective and adaptive management which are related to the aim defined under biodiversity and also with the socio economic facets that specifies the reserve zone. This should be appropriate to include so as to ensure a capacity to respond to risk and transformations. Apart from this, different management plans are being prepared in the context of providing protection to the reserv. Furthermore, management needs to be consistent with all the relevant reserve management principles and at the same time it also limits several activities that are performed in a commonwealth reserve unless they are specified by the management plan which focuses on protecting the reserves by the Director of National Parks.