Know-it-All: U.S. Laws, Treaties, Acts and More

There are numerous other legal agreements and instruments that come into play with endangered species laws and protections. It is important we understand their jurisdictions and overlap when discussing shark conservation

THE LACEY ACT 

• It was introduced into Congress by Iowa Republican John F. Lacey and was signed into law by President William McKinley in May 1900.

• Under the act, it is against the law to import, export, sell, acquire, or purchase fish, wildlife, or plants that have been illegally possessed, transported, or sold.

• The act covers all fish and wildlife and their parts or products 

• When it passed in 1900, it became the first act that protected wildlife and since then it has enforced penalties for illegal trade of wildlife.

• In 2008, the act was amended to include a wide variety of plants and plant products that were prohibited such as products made from illegally logged wood.

• It continues to regulate the import of any species protected by international or domestic law, also preventing the spread of invasive or non-native species.

THE ENDANGERED SPECIES ACT (ESA)

• The ESA provides a program for conservation of endangered and threatened species and the habitats they are found in.

• Congress passed the ESA in 1973 with the purpose of protecting and recovering degraded species populations and the ecosystems they depend on. 

• The US Fish and Wildlife Service (FWS) and the US National Oceanic and Atmospheric Administration (NOAA) Fisheries Service are the lead agencies that implement the ESA. 

• The FWS maintains a worldwide list of endangered species. 

• Under the ESA species are listed as either "Endangered" (a species is in danger of extinction throughout all or a significant portion of its range) or "Threatened" (a species is likely to become endangered within the foreseeable future).

• The law requires federal agencies to ensure that actions they authorize, fund, or carry out are not likely to jeopardize the continued existence of any listed species or result in the destruction or modification of critical habitat for that species. 

• The law prohibits any taking, import, or export of any listed species.

MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT (MSA)

• MSA is the primary law for governing marine fisheries in the US federal waters.

• Passed in 1976 with the key objectives to prevent overfishing, rebuild overfished stocks, increase long term economic and social benefits, and to ensure safe and sustainable seafood. 

• Before the law was passed, international waters began at just 12 miles from shore and were fished by unregulated foreign fleets until the MSA extended U.S. jurisdiction to 200 nautical miles and established eight regional fishery management councils with representation from the coastal states and fishery stakeholders.

• The law is named after U.S. Senators Warren G. Magnuson of Washington State and Ted Stevens of Alaska who were both big proponents in the passing of the MSA.

• The councils develop fishery management plans that comply with the MSA requirements including 10 national standards that promote sustainable fisheries management.

• In 1996, Congress amended it by adding the Sustainable Fisheries Act (SFA) which strengthened requirements to prevent overfishing and continuing to rebuild fisheries, set standards for fishery management for measurable criteria to determine stock status, added three new national standards to address fishing vessel safety, fishing communities, and bycatch, and introduced fish habitat protection into fishery management. 

• The Magnuson‐Stevens Fishery Conservation and Management Reauthorization Act of 2006, which amended the High Seas Driftnet Fishing Moratorium Protection Act, directing the US to strengthen international fisheries management organizations and to address illegal, unreported, and unregulated fishing and bycatch of protected living marine resources. The Moratorium Protection Act was further amended in 2011 by the Shark Conservation Act to improve the conservation of sharks domestically and internationally.

  • (i) to remove any of the fins of a shark (including the tail) at sea; (ii) to have custody, control, or possession of any such fin aboard a fishing vessel unless it is naturally attached to the corresponding carcass; (iii) to transfer any such fin from one vessel to another vessel at sea, or to receive any such fin in such transfer, without the fin naturally attached to the corresponding carcass; or (iv) to land any such fin that is not naturally attached to the corresponding carcass, or to land any shark carcass without fins naturally attached.

• In 2007 they amended the MSA to establish annual catch limits and accountability measures, promoted market based management such as programs like catch shares, and strengthened the role of science in management through peer review literature and scientific committee meetings.

• In December 2018, the MSA was amended by the Modernizing Recreational Fisheries Management Act. The Modern Fish Act focuses on improvements to recreational fishing data and management of mixed-use fisheries. The law includes requirements for new reports, studies, and guidance related to fisheries management and science. 

THE CONVENTION ON THE CONSERVATION OF MIGRATORY SPECIES OF WILD ANIMALS (CMS) 

• An environmental treaty of the United Nations Environment Program.     

• Creates non-legally binding principles of operation and management.

• Only 48 nations have signed on to follow their shark guidelines.

• Much of Asia, Central/South America, and Russia are not members aka many countries  who are involved in the fin trade aren’t a part of CMS.

THE INTERNATIONAL PLAN OF ACTION FOR THE CONSERVATION AND MANAGEMENT OF SHARKS (IPOA – SHARKS) 

• Developed by the Food and Agriculture Organization of the United Nations.

• Creates national plans to ensure sustainability.

• Very Comprehensive (increased research, record keeping, and data analysis) and works with fisheries on management practices.

• Voluntary to be a part of and there are with no rewards or sanctions involved.

THE CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FLORA AND FAUNA (CITES)

• Largest and most used governing program with 183 member states.

• CITES was born in 1963 during a meeting of IUCN members (The World Conservation Union) with 80 countries.

• 13 Sharks are Listed in their Appendices.

• While it is legally binding, there are loopholes.

• The U.S. joined in 1973 when the convention was opened for signatures.

• Comes down to countries willingness to be involved, and to their national government to have strong laws on fisheries management or protection laws. 

INTERNATIONAL UNION FOR CONSERVATION OF NATURE RED LIST FOR THREATENED SPECIES (IUCN RED LIST)

• IUCN is a union composed of both government and civil society organizations, including 15,000 experts that help create measures to protect the natural world. 

• The Red List is considered the world’s most comprehensive classification of global conservation status for plants and animal species.

• It was founded in 1964 with a set of criteria that evaluates the extinction risk for plants and animal species.

• The IUCN Red List Criteria are intended to be an easily understood system that classifies species by dividing them into into nine categories:  Not Evaluated, Data Deficient, Least Concern, Near Threatened, Vulnerable, Endangered, Critically Endangered, Extinct in the Wild and Extinct.

• The list is an important indicator of the world's biodiversity and acts as a powerful tool to inform and catalyze change in conservation policy that is critical to protecting the natural resources we need to survive.