Gray whale conservation in Mexico

The Honorable Julia Carabias Lillo
Secretaria De Medio Ambiente Recursos
Naturales Y Pesca
Periferico Sur No. 4209, 5 Piso
14210 Mexico, D.F.
Mexico

Dear Secretary Carabias:

The Society for Marine Mammalogy is an international scientific organization whose membership conduct research on marine mammalsaround the world. The Society currently includes approximately 1,400 marine science professionals and students living and working in North, Central, and South America, Europe, the South Pacific, Australia, New Zealand, Africa, Asia, and elsewhere.

The Committee of Scientific Advisors to the Board of Governors of the Society acknowledges the concern for the continued health of the Eastern North Pacific gray whale population posed by the proposed Eportadora De Sal evaporative salt manufacturing facility at Laguna San Ignacio. The facility would be located adjacent to an important lagoon breeding habitat for these whales. This unique wildlife area is also utilized by scores of species of marine birds, and it supports economically important populations of fish, and shellfish. In recent years the Laguna San Ignacio area is the center of a growing eco-tourism industry that promises to bring prosperity to the local community.

As you are aware, the recovery of the Easern North Pacific population of gray whale from endangered status was the result of international protection since 1936, and particularly the decision by Mexico to provide protection to this species’ breeding and calving lagoons along the west coast of Baja California. Scientific evidence indicates that these lagoons are preferred habitats for gray whales, and that a large portion of the population gives birth to their young and breed each winter in these lagoons and adjacent coastal areas. In recognition of the importance of these areas, in the 1970’s Mexico established by Presidential decree gray whale refuges in the lagoons of Guerrero Negro, Ojo De Liebre, and San Ignacio. In addition, all three of these areas are located within the Vizcaino Biosphere Reserve that was established in 1988 and is also a World Heritage Site.

The conservation of marine species, their habitats and ecosystems need not impede economic development or prosperity. However, neither should development activities disadvantage marine species and their habitats. Scientific advice, based on biological, social, and economic considerations, should be an integral part of the planning and development process. This advice must identify critical uncertainties as well as established facts, and inform managers, developers, and the public of the potential consequences of alternatives before development begins. In addition, it is essential that research and monitoring programs precede and accompany development to allow detection and analysis of any changes in the affected species status or their habitats may result from the development. In this way, potentially detrimental actions may be identified and avoided before problems develop.

For these reasons, the Board of Governors of the Society for Marine Mammalogy supports the decision of the Secretaria De Medio Ambiente Recursos Naturales Y Pesca (SEMARNAP) to incorporate the expert advice of recognized international scientists in your evaluation of the proposed Eportadora De Sal project, and to seek the views and opinions of the residents of Baja California that would be most affected by the proposed development. Incorporation of this information into the decision making process is fundamental to developing an informed decision on an issue as important as the proposed salt manufacturing project.

The Society for Marine Mammalogy has in its membership many internationally recognized scientists with expertise on marine mammals, complex marine environments, and the conservation of marine species. We would be pleased to provide SEMARNAP with the names of scientific experts who would be able to provide information about marine mammals and marine environments in areas relevant to your specific conservation concerns.

Sincerely yours,

Jeanette A. Thomas, Ph.D.
President

Marine Mammal Sanctuaries in Australia

The Chief Executive
Department of Environment and Natural Resources
GPO Box 1047
Adelaide SA 5001
Australia

Dear Chief Executive:

I am writing at the advice of the Committee of Scientific Advisors and on behalf of the Board of Governors of the Society for Marine Mammalogy to comment on the South Australian Government’s proposed multiple use marine park in the waters of the Great Australian Bight.

The Society for Marine Mammalogy is a professional scientific organization whose members conduct research on marine mammals internationally. The Society currently includes approximately 1,400 marine science professionals and students living and working around the world.

We are encouraged with the steps that your government has taken already to protect the calving grounds of the southern right whale and the coastal waters close to the colonies of Australian sea lions in the Great Australian Bight. The Committee of Scientific Advisors to the Board of Governors of the Society is concerned, however, that the provisions of the conservation zone and right whale and sea lion sanctuaries, as proposed, may not be adequate to provide effective protection as intended. While we understand the limitation of the South Australian government’s jurisdiction, the 3 nautical mile extent of the proposed conservation zone and right whale sanctuary and the proposed 1 nautical mile wide sea lion sanctuary zones may not afford sufficient protection from human activities occurring just outside the proposed protected areas (e.g., commercial fishing, recreation, resource development, etc.). In addition, although right whales may reside in this area for only 6 months of the year (May through November), it would be important to conserve right whale habitats year round to avoid changes that could render these areas undesirable for breeding and calf rearing when the whales are in residence.

Marine protected areas need to offer effective protection from activities that may disadvantage affected species and/or prove disruptive to their essential resources. This is not to say that the creation of marine protected areas may not be compatible with other human activities.

As noted in your proposal, sanctioned activities, such as public recreation, recreational and some commercial fishing, can be allowed so long as they are regulated so as not to jeopardize the integrity of the habitat or disadvantage the species that depend on those habitats.

In our view, scientific advice, based on biological, social, and economic considerations, should be an integral part of the planning and development process. This advice must identify critical uncertainties as well as established facts, and inform managers, developers, and the public of the potential consequences of alternatives before development begins. For example, establishing 3 and 1 nautical mile limits to the boundaries of the whale and sea lion sanctuary zones may be legally consistent with the limits of your jurisdiction. Such zones may, however, be ineffectual with regard to the biological needs of right whales and sea lions. To be effective, the proposed limits of such a protection zone should have as their basis the biological needs of the affected species, and consider the extent and timing of their seasonal movements. Responsible authorities should then develop an implementation plan that can be accommodated within the scope of the relevant legal mandates.

In addition to establishing a protected area, it is essential that research and monitoring programs are implemented to see that all aspects of the protected area are fully implemented as envisaged, and to allow detection and analysis of any unforeseen changes in the affected species status or their habitats. In this way, potentially detrimental actions may be identified and avoided before problems arise. In summary, the Board of Governors of the Society for Marine Mammalogy encourages you to: reconsider the proposed boundaries of the Great Australian Bight Marine Park based on the actual habitat needs of the right whales and sea lions to provide effective protection, including consideration of year-round measures; develop and implement research and monitoring programs to evaluate the effectiveness of the park to protect these species; and, pursue discussions with your Federal Government toward expanding the marine park to include the adjoining Commonwealth waters to be managed in a complementary manner.
Yours sincerely,

Jeanette A. Thomas, Ph.D.
President

cc:

Dr. Peter Bridgewater
Chief Executive
Australian Nature Conservation Agency
GPO Box 636
Canberra, A.C.T. 2601
Australia

Mr. David Hall
Director of Fisheries
GPO Box 1625
Adelaide, S.A. 5001
Australia

Marine Mammals and the GATT

Secretariat
World Trade Organization
Centre William Rappard
Rue de Lausanne 154
CH – 1211 Geneva 21
Switzerland
Dear Secretary:

The Society for Marine Mammalogy is an international scientific organization whose membership conduct research on marine mammals around the world. The Society’s membership currently includes approximately 1,400 marine science professionals and students living and working in North America, South America, Europe, the South Pacific, Australia, New Zealand, Africa, Asia, and elsewhere.

The Committee of Scientific Advisors to the Board of Governors of the Society has identified a potential concern for world trade agreements, such as the General Agreement on Tariffs and Trade (GATT), to adversely affect the conservation of marine mammals, other marine species, and marine ecosystems worldwide. Although world trade issues and marine mammals may seem unrelated, this is in fact not the case. Marine mammals are a significant component of ocean ecosystems. They live in coastal and offshore waters where many human activities occur. They may be adversely affected by these activities, as in the case of polluted waters or lost habitat, or they may be directly affected by incidental catches in commercial fishing operations or collisions with ships.

A GATT dispute panel convened to rule on Mexico’s challenges to the United States’ Marine Mammal Protection Act examined questions related to the conservation of dolphins involved in the Eastern Tropical Pacific commercial tuna fisheries, and to determine whether the provisions of U.S. law were “necessary to protect dolphin life ad health”. Article XX of the GATT provides general exceptions from GATT rules for certain kinds of measures, including measures “necessary to protect human, animal or plant life of health” (XX(b)) and measures “relating to the conservation of exhaustible natural resources” (XX(g)), provided that the measures are neither arbitrary or unjustifiably discriminatory among States where the same conditions prevail, and do not represent a disguised restriction on trade. However, the report of the Mexico tuna-MMPA panel found that Articles XX(b) and XX(g) do not permit the use of trade measures to protect resources outside the exclusive jurisdiction of the State taking the measure (i.e., the United States of America). While we understand that this panel report has not been adopted, it is generally understood to represent the position of almost all GATT parties. Our Committee of Scientific Advisors notes that such decisions are contrary to the basic principle of living resource conservation: that methods of harvesting or producing a product that have significant detrimental effects on the environment or the wildlife species involved should be mitigated or avoided altogether. Decisions like that of the Mexico tuna-MMPA panel could have grave implications for conservation of marine mammal populations and should be made in consultation with recognized scientific experts that are knowledgeable in the specific technical areas under consideration.

The Society for Marine Mammalogy believes that the conservation of marine species and marine ecosystems need not impede economic prosperity. However, neither should free trade activities disadvantage marine species and their habitats. Sustainable trade is achievable if scientific advice based on biological, social, and economic considerations is an integral part of the development of trade policies and renewable resource use. In this way, free trade and the conservation of marine species can complement each other and achieve economic growth and ecological stability.

For this reason, the Society for Marine Mammalogy would like to encourage member governments of the World Trade Organization and the Secretariat of the World Trade Organization to seek expert scientific advice when considering policies and issues in which free trade may adversely affect marine mammal species, populations, or marine ecosystems. The advise and information from individuals and organizations with direct research experience on marine mammals and their environment will allow the World Trade Organization to develop policies that will facilitate international trade AND be based on reliable scientific information and sound conservation policy.

The Society has in its membership many internationally recognized scientists with expertise on marine mammals, complex marine environments, and the management of marine species. In the future, we would be pleased to provide the World Trade Organization, or members of its dispute panels, with the names of scientific experts who would be able to provide information about marine mammals and marine environments in areas relevant to specific international trade concerns.

Sincerely yours,

Jeanette A. Thomas, Ph.D.
President