CONSERVATION LAW AND THE CONSERVATION LAW AND THE LEGAL PROTECTION OFLEGAL PROTECTION OFLEGAL PROTECTION OF LEGAL PROTECTION OF

HORSESHOE CRABSHORSESHOE CRABSHORSESHOE CRABSHORSESHOE CRABSThe Singapore Experience with the The Singapore Experience with the Carcinoscorpius rotundicaudaCarcinoscorpius rotundicauda

Vinayagan Vinayagan DharmarajahDharmarajahDharmarajahDharmarajahEnvironmental Environmental Law & Policy Law & Policy CoordinatorCoordinator

Nature Society Nature Society (Singapore)(Singapore)

The challenge of developing a legal The challenge of developing a legal f kf k A i d fA i d fframework framework –– A period of A period of introspectionintrospectionintrospectionintrospection•• Sustained research into Sustained research into CRCR only began recently.only began recently.

•• Small conservation community with other Small conservation community with other conservation prioritiesconservation prioritiesconservation priorities.conservation priorities.

N l d t di h t h thN l d t di h t h th•• No clear understanding on how to approach the No clear understanding on how to approach the issue of issue of CRCR protection from a legal standpoint.protection from a legal standpoint.

•• No understanding of some of the challenges No understanding of some of the challenges f d b thf d b th CRCRfaced by the faced by the CRCR..

R i th h th R l B kR i th h th R l B kRummaging through the Rule BookRummaging through the Rule Book

Environmental Pollution Act Environmental Pollution Act –– Section 15Section 15 requires requires a license for discharging trade effluent, oil, chemical, sewage a license for discharging trade effluent, oil, chemical, sewage and other polluting mattersand other polluting matters into any drain or land.into any drain or land.p gp g yy

Prevention of Pollution of the Sea ActPrevention of Pollution of the Sea Act –– Sections 3 and 5 Sections 3 and 5 prohibit the land based discharge of oil/oily mixtures and prohibit the land based discharge of oil/oily mixtures and chemicalschemicals. .

Fisheries (Fishing Gear) RulesFisheries (Fishing Gear) RulesCan only employ fishing gear with a licenseCan only employ fishing gear with a license ––Fishing gear includes all Fishing gear includes all nets, stakesnets, stakes, traps and lines (with more , traps and lines (with more than 3 hooks).than 3 hooks).

Section 9 of the Parks and Trees ActSection 9 of the Parks and Trees Act –– which covers protection with national park. which covers protection with national park. An offence to capture, displace An offence to capture, displace and feed animalsand feed animals. Definition of Animals includes shellfish.. Definition of Animals includes shellfish.

BUT CLEARLY A MORE SOPHISTICATED APPROACH REQUIREDBUT CLEARLY A MORE SOPHISTICATED APPROACH REQUIRED

Th N t f th L l Ch llTh N t f th L l Ch llThe Nature of the Legal ChallengeThe Nature of the Legal Challenge

A.A. Understanding Understanding Present ChallengesPresent Challenges faced by the faced by the CRCR..BB U d d h iU d d h i N dN d iiB.B. Understand their Understand their NeedsNeeds as a species.as a species.C.C. Understanding potential Understanding potential Future ChallengesFuture Challenges..D.D. Understanding the Understanding the ShortcomingsShortcomings of the legal system.of the legal system.E.E. Understanding the role played by Understanding the role played by Public PerceptionPublic Perception in law making.in law making.F.F. Thinking out of the BoxThinking out of the Box –– the law should “Facilitate” and “Provide the law should “Facilitate” and “Provide

Incentives”.Incentives”.G.G. Understanding the Understanding the relationship between Conservation and relationship between Conservation and

Resource Management.Resource Management.H.H. Understanding the relationship between Understanding the relationship between the Law and Sciencethe Law and Science..I.I. International Agreements International Agreements –– Framing the Argument.Framing the Argument.J.J. Building Alliances.Building Alliances.

A. What challenges does theA. What challenges does the CRCRA. What challenges does the A. What challenges does the CRCRface in Singaporeface in Singapore

•• Land Reclamation Land Reclamation –– the destruction of the destruction of habitats and the reduction of potentialhabitats and the reduction of potentialhabitats and the reduction of potential habitats and the reduction of potential habitats.habitats.

•• Coastal Development Coastal Development –– eg. waterfront eg. waterfront housinghousinghousinghousing

•• The building of seawalls, jetties The building of seawalls, jetties –– the the prevention of beach expansion.prevention of beach expansion.

•• Development resulting in a reduction in site Development resulting in a reduction in site connectivity.connectivity.

•• Coastal dredging to deepen waterways Coastal dredging to deepen waterways ––destruction of food rich seadestruction of food rich sea bedsbedsdestruction of food rich seadestruction of food rich sea--beds.beds.

•• Replacing rivers and inlets with manReplacing rivers and inlets with man--made made canals.canals.

Need to regulate Developmental ActivityNeed to regulate Developmental Activity

A. What Challenges does theA. What Challenges does the CRCRA. What Challenges does the A. What Challenges does the CRCRface in S’poreface in S’pore

•• ByBy--Catch in Net FishingCatch in Net Fishing

•• PoachingPoaching reports ofreports of CRCR•• Poaching Poaching –– reports of reports of CRCRbeing collected. Not sure being collected. Not sure why.why.

•• Individuals walking on Individuals walking on CR CR habitats potentially habitats potentially trampling on them and trampling on them and p gp gtheir eggs.their eggs.

•• Land and Sea based Land and Sea based pollution.pollution.

Need to Regulate Human Need to Regulate Human ggActivityActivity

A. What Challenges does theA. What Challenges does the CRCRA. What Challenges does the A. What Challenges does the CRCRface in Singaporeface in Singapore

•• Do not do well in prolonged captivityDo not do well in prolonged captivity•• Do not do well in prolonged captivityDo not do well in prolonged captivity

Th t l h th bTh t l h th b•• There are not many places where they can be There are not many places where they can be relocated relocated –– given the scarcity of muddy beaches, given the scarcity of muddy beaches, mangroves etcmangroves etcmangroves etc.mangroves etc.

I h t h h i b t t thI h t h h i b t t thIn short we have no choice but to conserve the In short we have no choice but to conserve the mudflats they live on.mudflats they live on.

B Wh t d th N d?B Wh t d th N d?B. What do they Need?B. What do they Need?

So why have they survived in northern So why have they survived in northern Singapore?Singapore?

•• Lots of Mud Lots of Mud –– a rarity in modern Singapore.a rarity in modern Singapore.

•• The existence of Mangroves.The existence of Mangroves.

•• Freshwater Streams.Freshwater Streams.

•• Food Food –– Worms and other small organisms in Worms and other small organisms in ggthe mud and “feed” and dead fish from the mud and “feed” and dead fish from nearby fishnearby fish--farmsfarms

What does that mean legally?What does that mean legally?What does that mean legally?What does that mean legally?

We need to protect these things in addition We need to protect these things in addition to the to the CRCR..

C A ti i ti f t Ch llC A ti i ti f t Ch llC. Anticipating future ChallengesC. Anticipating future ChallengesSo why have they survived in northern So why have they survived in northern Singapore?Singapore?

•• They are hardy They are hardy –– they generally deal well with they generally deal well with i t l h ll tii t l h ll tienvironmental changes, pollution.environmental changes, pollution.

•• The existence of fish farms along the northern coast The existence of fish farms along the northern coast –– a a source of food.source of food.

Th f i d i l l b h llTh f i d i l l b h ll•• The presence of an industrial zone close by has actually The presence of an industrial zone close by has actually prevented beach development.prevented beach development.

•• Their presence in areas which are protected as military Their presence in areas which are protected as military zones.zones.

•• Development along Singapore northern coast does have Development along Singapore northern coast does have to take into consideration political sensitivities.to take into consideration political sensitivities.

De facto Legal Protection De facto Legal Protection –– has been achieved as a consequence has been achieved as a consequence of a combination of political security and land planningof a combination of political security and land planningof a combination of political, security and land planning of a combination of political, security and land planning considerations.considerations.

But no guarantee that these “conditions” will always be present.But no guarantee that these “conditions” will always be present.

D L l Sh t iD L l Sh t iD. Legal ShortcomingsD. Legal Shortcomings

•• Conservation law has focused on the creation and preservation of Conservation law has focused on the creation and preservation of critical habitats rather than on thecritical habitats rather than on the needs of individual speciesneeds of individual speciescritical habitats rather than on the critical habitats rather than on the needs of individual species.needs of individual species.

•• The absence of The absence of EIA LawsEIA Laws –– that govern coastal development, that govern coastal development, coastal structures and land reclamationcoastal structures and land reclamationcoastal structures and land reclamation.coastal structures and land reclamation.

•• The absence of The absence of species protection lawsspecies protection laws that protect species like that protect species like CRCR. .

•• The absence of an The absence of an integrated coastal protection frameworkintegrated coastal protection framework that that looks at the relationship between different looks at the relationship between different CRCR sites and connectivity.sites and connectivity.

D L l Sh t iD L l Sh t iD. Legal ShortcomingsD. Legal Shortcomings

•• The The absence of clear jurisdictionabsence of clear jurisdiction over Interover Inter--tidal zones in tidal zones in jjSingapore and the species contained in them.Singapore and the species contained in them.

•• The absence ofThe absence of political willpolitical will between states to initiatebetween states to initiate•• The absence of The absence of political willpolitical will between states to initiate between states to initiate joint efforts to protect the joint efforts to protect the CRCR..

•• Singapore Singapore not a signatory to Conventionsnot a signatory to Conventions that would that would support the creation of intersupport the creation of inter--tidal protected areas. tidal protected areas.

•• Legally, we are not quite sure Legally, we are not quite sure where to fit themwhere to fit them as a as a species. Species Protection v Fisheries.species. Species Protection v Fisheries.

D. Solutions to the LegalD. Solutions to the LegalD. Solutions to the Legal D. Solutions to the Legal ShortcomingsShortcomings•• Push for the listing of Push for the listing of CRCR as a protected Species. Eg. as a protected Species. Eg. Marine Parks and Marine Parks and

Marine Reserves Regulation (Hong Kong)Marine Reserves Regulation (Hong Kong)-- Protected Marine and Coastal Protected Marine and Coastal Species Species

•• Increase the number of prohibited activities in habitats where the Increase the number of prohibited activities in habitats where the CRCR is is found found –– poaching, net fishing, unrestricted movement on beaches.poaching, net fishing, unrestricted movement on beaches.

•• Introduce offences in relation to the display and mistreatment of Introduce offences in relation to the display and mistreatment of CRCR

•• Bring more areas under protection.Bring more areas under protection.

•• EIA laws EIA laws –– to manage coastal development and land reclamation.to manage coastal development and land reclamation.

•• Push for the adoption of conventions that “support” Push for the adoption of conventions that “support” CRCR conservationconservationp ppp pp

•• InterInter--state cooperation in protection. state cooperation in protection.

•• Increasing penalties enforcement in relation to existing offencesIncreasing penalties enforcement in relation to existing offences•• Increasing penalties, enforcement in relation to existing offences.Increasing penalties, enforcement in relation to existing offences.

E. Addressing how the E. Addressing how the CRCR and its and its habitat are perceived both by habitat are perceived both by lawmakers and the publiclawmakers and the publiclawmakers and the public.lawmakers and the public.

There must be a recognition that if there is public support it is much easier to introduce laws.There must be a recognition that if there is public support it is much easier to introduce laws.

•• LawLaw--makers support the conservation of makers support the conservation of charismatic species.charismatic species. Many do not regard the CR as Many do not regard the CR as charismatic.charismatic.

•• CR live on the mud, they look like (and are related to) spiders. There is even a perception that CR live on the mud, they look like (and are related to) spiders. There is even a perception that they are dangerous?they are dangerous?

•• Even if people recognize their importance many do not know much about the existence of CREven if people recognize their importance many do not know much about the existence of CR•• Even if people recognize their importance many do not know much about the existence of CR Even if people recognize their importance many do not know much about the existence of CR populations in Singaporepopulations in Singapore

•• Mudflats without the Mangroves Mudflats without the Mangroves –– Why protect Mud?Why protect Mud?

•• Huge popularity in the US East Coast because of their “migrations” up the beach. HSCs are not Huge popularity in the US East Coast because of their “migrations” up the beach. HSCs are not similarly celebrated in Southeast Asia and the “ecosimilarly celebrated in Southeast Asia and the “eco--tourism angle.” have never been exploited.tourism angle.” have never been exploited.

The fact that they are “ancient” may help but public education, publicity and campaigns are key.The fact that they are “ancient” may help but public education, publicity and campaigns are key.

..

F Thi ki t f th BF Thi ki t f th BF. Thinking out of the BoxF. Thinking out of the Box

We are not quite sure what to do if outright We are not quite sure what to do if outright protection is not possible.protection is not possible.p pp p

•• Conservation ConcessionsConservation Concessions•• SiteSite--Management AgreementsManagement Agreements•• Creating areas of Educational and Scientific Creating areas of Educational and Scientific gg

InterestInterest

Understanding other models and looking to the Understanding other models and looking to the IUCN Commission on Protected AreasIUCN Commission on Protected Areas

F Thi ki t f th BF Thi ki t f th BF. Thinking out of the BoxF. Thinking out of the Box

•• Laws must help bring people together Laws must help bring people together –– eg. the creation of national eg. the creation of national management and scientific committees on management and scientific committees on CRCR..gg

•• Laws must facilitate research and funding Laws must facilitate research and funding –– eg. creation of trusts to eg. creation of trusts to facilitate conservation of facilitate conservation of CRCR..

•• Laws must assist and facilitate conservation initiatives by NGOs and Laws must assist and facilitate conservation initiatives by NGOs and private sector private sector –– eg. Siteeg. Site--Management Agreements.Management Agreements.

Laws that do not just focus on species and ecosystem protection butLaws that do not just focus on species and ecosystem protection but•• Laws that do not just focus on species and ecosystem protection but Laws that do not just focus on species and ecosystem protection but promote resource management promote resource management –– eg. rules on harvesting limits and eg. rules on harvesting limits and moratoriums.moratoriums.

L th t f ilit t h bit t h t il i h t l tiL th t f ilit t h bit t h t il i h t l ti•• Laws that facilitate habitat enhancement, soil nourishment, replanting Laws that facilitate habitat enhancement, soil nourishment, replanting etc.etc.

•• Laws that to not encourage people to take positive actions Laws that to not encourage people to take positive actions –– tax tax b k h f f i hb k h f f i h iibreaks to the owners of factories who support breaks to the owners of factories who support CRCR conservation.conservation.

G. Linking Conservation andG. Linking Conservation andG. Linking Conservation and G. Linking Conservation and Resource ManagementResource Management

•• Viewing the Viewing the CRCR as an as an economic resource and not simply as economic resource and not simply as a living creature that is worth protecting for its own sakea living creature that is worth protecting for its own sakea living creature that is worth protecting for its own sake a living creature that is worth protecting for its own sake and because its relationship with other creatures.and because its relationship with other creatures.

•• The US East CoastThe US East Coast conservation based (in part) on theconservation based (in part) on the•• The US East Coast The US East Coast –– conservation based (in part) on the conservation based (in part) on the need to prevent overneed to prevent over--harvesting harvesting –– both as conch/eel bait both as conch/eel bait and for biomedical research. The setting up of the and for biomedical research. The setting up of the “Interstate Fishery Management Plan” under the Atlantic “Interstate Fishery Management Plan” under the Atlantic y gy gStates Marine Fisheries Commission.States Marine Fisheries Commission.

•• Not helped by the fact that the Not helped by the fact that the CRCR is poisonous and is poisonous and p yp y pptherefore “consumption” is not an issue.therefore “consumption” is not an issue.

•• But it is a But it is a biobio--medical resourcemedical resource and has resulted in the and has resulted in the development of development of intellectual property.intellectual property.

G. Linking Conservation ResourceG. Linking Conservation ResourceG. Linking Conservation Resource G. Linking Conservation Resource ManagementManagement

“Let me illustrate with a local story. This is a story on how “Let me illustrate with a local story. This is a story on how biotechnology, biotechnology, biological diversity and intellectual property can work together in a winbiological diversity and intellectual property can work together in a win--win win g y p p y gg y p p y gpartnership for humankind.partnership for humankind. The The Horseshoe Crab, found in our mangrovesHorseshoe Crab, found in our mangroves, is what , is what biologists call a 'living fossil' biologists call a 'living fossil' -- an organism that has remained basically unchanged an organism that has remained basically unchanged for millions of years! These are not really crabs, as we know them, being more for millions of years! These are not really crabs, as we know them, being more closely related to spiders and scorpions. There are only four living species, three closely related to spiders and scorpions. There are only four living species, three of which are found in South East Asian watersof which are found in South East Asian waters The population of the HorseshoeThe population of the Horseshoeof which are found in South East Asian waters. of which are found in South East Asian waters. The population of the Horseshoe The population of the Horseshoe Crab in Singapore has declined over the last two decades.Crab in Singapore has declined over the last two decades. In Singapore one In Singapore one species is listed as being in a vulnerable status. species is listed as being in a vulnerable status.

The Horseshoe Crab survives inThe Horseshoe Crab survives in very bacteriavery bacteria infested waters It can do soinfested waters It can do soThe Horseshoe Crab survives in The Horseshoe Crab survives in very bacteriavery bacteria--infested waters. It can do so infested waters. It can do so because its blood clots when it encounters bacteria. Now, this property has because its blood clots when it encounters bacteria. Now, this property has important application in medical science because a purified extract of their blood important application in medical science because a purified extract of their blood can be used to test the sterility of medical equipment, and quickly detect many can be used to test the sterility of medical equipment, and quickly detect many bacterial toxinsbacterial toxins In 1991 researchers at the National University of SingaporeIn 1991 researchers at the National University of Singaporebacterial toxinsbacterial toxins. . In 1991 researchers at the National University of Singapore In 1991 researchers at the National University of Singapore succeeded in cloning the clotting enzyme, and in 1995 a genetically engineered succeeded in cloning the clotting enzyme, and in 1995 a genetically engineered enzyme was produced. The IP is now licensed to a biotech company for diagnostic enzyme was produced. The IP is now licensed to a biotech company for diagnostic purposes. It took more than 10 years to reach this stage. “purposes. It took more than 10 years to reach this stage. “

Minister of Law, Singapore, 2003Minister of Law, Singapore, 2003

H Th S i t d i th LH Th S i t d i th LH. The Science must drive the LawH. The Science must drive the Law

We need to understand the science better both in order to create We need to understand the science better both in order to create more specific laws and to better negotiate with the authorities.more specific laws and to better negotiate with the authorities.

Three examples;Three examples;

R l ti hi b t t i t d th i l f thR l ti hi b t t i t d th i l f th CRCR ThTh•• Relationship between contaminants and the survival of the Relationship between contaminants and the survival of the CRCR. The . The effect for example on eggs.effect for example on eggs.

R l ti hi b t th i f h bit t d th i bilit fR l ti hi b t th i f h bit t d th i bilit f CRCR•• Relationship between the size of habitats and the viability of Relationship between the size of habitats and the viability of CRCRpopulationspopulations

R l ti hi b tR l ti hi b t CRCR d th li i t th t h itd th li i t th t h it•• Relationship between Relationship between CR CR and other living creatures that share its and other living creatures that share its habitat.habitat.

H Th S i t d i th LH Th S i t d i th LH. The Science must drive the LawH. The Science must drive the Law“Piggy Backing” the conservation of other “more charismatic” species“Piggy Backing” the conservation of other “more charismatic” species

•• In New Jersey and the US East Coast in general legal protection of theIn New Jersey and the US East Coast in general legal protection of the•• In New Jersey and the US East Coast in general, legal protection of the In New Jersey and the US East Coast in general, legal protection of the Horseshoe Crab has been based on the conservation of other species Horseshoe Crab has been based on the conservation of other species –– Red Red Knot and Marine Turtles protected under the ESA.Knot and Marine Turtles protected under the ESA.

•• In Singapore we suspect that various waterIn Singapore we suspect that various water--birds rely onbirds rely on CRCR eggs for food buteggs for food but•• In Singapore we suspect that various waterIn Singapore we suspect that various water--birds rely on birds rely on CRCR eggs for food but eggs for food but we have not explored that extensively.we have not explored that extensively.

•• Various others including storks, egrets, herons and waders use the same Various others including storks, egrets, herons and waders use the same habitat as thehabitat as the CRCR This includes the Chinese Heron which is protected under theThis includes the Chinese Heron which is protected under thehabitat as the habitat as the CR.CR. This includes the Chinese Heron which is protected under the This includes the Chinese Heron which is protected under the Convention on Migratory Species.Convention on Migratory Species.

•• However, arguments for the protection of the However, arguments for the protection of the CRCR in Singapore have never in Singapore have never eall been ad anced based on the conse ation of othe specieseall been ad anced based on the conse ation of othe speciesreally been advanced based on the conservation of other species.really been advanced based on the conservation of other species.

•• Not helpful that Singapore is not signatory to two important conventions Not helpful that Singapore is not signatory to two important conventions –– CMS CMS and Ramsarand Ramsar

I. International Legal Instruments and PolicyI. International Legal Instruments and PolicyI. International Legal Instruments and Policy I. International Legal Instruments and Policy Documents Documents -- Framing the ArgumentFraming the Argument

•• Convention on Biological DiversityConvention on Biological DiversityC i Mi S iC i Mi S i i id Al hi id Al h•• Convention on Migratory Species Convention on Migratory Species –– migratory corridors. Also the migratory corridors. Also the concept of Important Bird Areas (IBAs) developed by Birdlife concept of Important Bird Areas (IBAs) developed by Birdlife International.International.

•• Ramsar ConventionRamsar Convention•• Ramsar ConventionRamsar Convention•• World Heritage ConventionWorld Heritage Convention•• UNESCO Biosphere Reserves Programme.UNESCO Biosphere Reserves Programme.

J h b Pl f I l t ti f th W ld S itJ h b Pl f I l t ti f th W ld S it•• Johannesburg Plan of Implementation of the World Summit on Johannesburg Plan of Implementation of the World Summit on Sustainable Development.Sustainable Development.

•• IUCN/WCPA Guidelines on Marine Protected AreasIUCN/WCPA Guidelines on Marine Protected AreasUNCLOSUNCLOS•• UNCLOS UNCLOS

I. International Legal instruments andI. International Legal instruments andI. International Legal instruments and I. International Legal instruments and Framing the ArgumentFraming the ArgumentWhy are International Conventions important and how do they help?Why are International Conventions important and how do they help?

We need to bear in mind that;We need to bear in mind that;We need to bear in mind that;We need to bear in mind that;

•• Obligations set out in Conventions are worded widely and generally.Obligations set out in Conventions are worded widely and generally.

•• Not all parties are signatories Not all parties are signatories –– eg. Singapore not a party to the Ramsar eg. Singapore not a party to the Ramsar Convention.Convention.

BUT theyBUT they

•• Allow us to put pressure on governmentsAllow us to put pressure on governments

•• Provide us with ideas on what we can do.Provide us with ideas on what we can do.

•• Help us Help us Frame the ArgumentFrame the Argument

I C ti Bi l i l Di itI C ti Bi l i l Di itI. Convention on Biological DiversityI. Convention on Biological Diversity

•• A7:A7: Identify processes and categories of activitiesIdentify processes and categories of activities which have or are which have or are likely to havelikely to have significant adverse impactssignificant adverse impacts on the conservation and on the conservation and sustainable use of biological diversity, and monitor their effects through sustainable use of biological diversity, and monitor their effects through g y, gg y, gsampling and other techniques. sampling and other techniques.

•• A8: Establish a system of protected areas or A8: Establish a system of protected areas or areas where special areas where special measuresmeasures need to be taken to conserve biological diversityneed to be taken to conserve biological diversitymeasuresmeasures need to be taken to conserve biological diversity. need to be taken to conserve biological diversity.

•• A8:A8: Regulate or manage biological resourcesRegulate or manage biological resources important for the important for the conservation of biological diversity whether within or outside protectedconservation of biological diversity whether within or outside protectedconservation of biological diversity whether within or outside protected conservation of biological diversity whether within or outside protected areas, with a view to ensuring their conservation and sustainable use. areas, with a view to ensuring their conservation and sustainable use.

•• A8: Promote A8: Promote environmentally sound and sustainable development in environmentally sound and sustainable development in dj ddj d i h i f h i ii h i f h i iareas adjacent to protected areasareas adjacent to protected areas with a view to furthering protection with a view to furthering protection

of these areas. of these areas.

I C ti Bi l i l Di itI C ti Bi l i l Di itI. Convention on Biological DiversityI. Convention on Biological Diversity

•• A8:A8: Rehabilitate and restore degraded ecosystemsRehabilitate and restore degraded ecosystems and promote the and promote the recovery of threatened species.recovery of threatened species.

•• A8: Develop or maintain A8: Develop or maintain necessary legislation and/or other necessary legislation and/or other regulatory provisionsregulatory provisions for the protection of for the protection of threatenedthreatened species and species and populations.populations.

•• A11: AdoptA11: Adopt economically and socially sound measureseconomically and socially sound measures tthat act as hat act as incentivesincentives for the conservation and sustainable use of components of for the conservation and sustainable use of components of biological diversity.biological diversity.biological diversity.biological diversity.

•• A15 Governments have to A15 Governments have to facilitate access to genetic resourcesfacilitate access to genetic resources for for environmentally sound uses environmentally sound uses by other Contracting Parties and not to by other Contracting Parties and not to i i i h h bj i f hi C ii i i h h bj i f hi C iimpose restrictions that run counter to the objectives of this Convention. impose restrictions that run counter to the objectives of this Convention.

I C ti Bi l i l Di itI C ti Bi l i l Di itI. Convention on Biological DiversityI. Convention on Biological Diversity

•• COP 7 Decision VII/5 COP 7 Decision VII/5 -- National framework of marine and coastal National framework of marine and coastal protected areasprotected areas

•• To achieve full benefits a network needs to include representative and distinctive To achieve full benefits a network needs to include representative and distinctive areas and contain a areas and contain a sufficient area of the coastal and marine environment to sufficient area of the coastal and marine environment to be effective and ecologically viable; be effective and ecologically viable;

•• Key factors for achieving effective Key factors for achieving effective management of marine and coastal management of marine and coastal protected areas include effective governance, clear national legal or protected areas include effective governance, clear national legal or customary frameworks to prevent damaging activities, effective customary frameworks to prevent damaging activities, effective compliance and enforcement, ability to control external activities that compliance and enforcement, ability to control external activities that p , yp , yaffect the marine and coastal protected area,affect the marine and coastal protected area, strategic planning, capacitystrategic planning, capacity--building and having a sustainable financing for managementbuilding and having a sustainable financing for management;;

•• Address, throughAddress, through appropriate integrated marine and coastal management approaches, appropriate integrated marine and coastal management approaches, , g, g pp p g g pp ,pp p g g pp ,all threats, including those arisingall threats, including those arising from the land (e.g. water quality, from the land (e.g. water quality, sedimentation) and shipping/transportsedimentation) and shipping/transport, , in order to maximize the effectiveness in order to maximize the effectiveness of marine and coastal protected areas of marine and coastal protected areas

I. The Ramsar Convention on the I. The Ramsar Convention on the t ti f tl d dt ti f tl d dprotection of wetlands and protection of wetlands and

waterfowlwaterfowlwaterfowl.waterfowl.A2:A2: Wetlands should be selected on account of their international significance in termsWetlands should be selected on account of their international significance in terms of of ecology,ecology, botany, botany, zoology,zoology, limnology or hydrology. In the first instance wetlands of limnology or hydrology. In the first instance wetlands of internationalinternational importance to waterfowlimportance to waterfowl at any season should be includedat any season should be includedinternational international importance to waterfowlimportance to waterfowl at any season should be included.at any season should be included.

•• CP 10.22.13:CP 10.22.13: ToTo review and modify existing review and modify existing policies that adversely affect policies that adversely affect intertidal wetlandsintertidal wetlands, to introduce measures for the , to introduce measures for the longlong--term conservation of term conservation of these areasthese areas and toand to identifyidentify andand designate as Wetlands of Internationaldesignate as Wetlands of Internationalthese areasthese areas and to and to identifyidentify and and designate as Wetlands of International designate as Wetlands of International Importance a greater number and area of intertidal wetlands, especially tidal Importance a greater number and area of intertidal wetlands, especially tidal flats,flats, giving priority to inter aliagiving priority to inter alia those holding globally threatened wetland those holding globally threatened wetland species“;species“;

CP 10.22.22CP 10.22.22: : WELCOMES the statement by the Republic of Korea to the 35th WELCOMES the statement by the Republic of Korea to the 35th meeting of Ramsar’s Standing Committee that meeting of Ramsar’s Standing Committee that intertidal mudflats should be intertidal mudflats should be preservedpreserved and that no largeand that no large scale reclamation projects are now beingscale reclamation projects are now beingpreservedpreserved and that no largeand that no large--scale reclamation projects are now being scale reclamation projects are now being approved in the Republic of Korea, and approved in the Republic of Korea, and ENCOURAGES all Contracting Parties in ENCOURAGES all Contracting Parties in their efforts to protect such habitats in future and to monitor them and their efforts to protect such habitats in future and to monitor them and mitigate any past development impacts on or losses to themmitigate any past development impacts on or losses to them;;

I.I. The Ramsar Convention The Ramsar Convention C t RiC t RiCosta Rica Costa Rica Guidelines of 1999Guidelines of 1999Guidelines of 1999Guidelines of 1999

•• Is it legally possible to confer protective status on wetlands Is it legally possible to confer protective status on wetlands and toand to limit urban industrial and recreational developmentlimit urban industrial and recreational developmentand toand to limit urban, industrial and recreational development limit urban, industrial and recreational development which might adversely affect wetland functionswhich might adversely affect wetland functions, values and , values and benefits, including in a transboundary context?benefits, including in a transboundary context?

•• Is there a legal basis toIs there a legal basis to encourage positive conservation encourage positive conservation measures and stewardshipmeasures and stewardship by wetland owners, users and by wetland owners, users and nonnon--governmental organizations (e.g., contracts, governmental organizations (e.g., contracts, g g ( g , ,g g ( g , ,conservation easements or tax provisions)?conservation easements or tax provisions)?

•• Where development involves wetland loss or degradation, is Where development involves wetland loss or degradation, is p g ,p g ,there athere a legal requirementlegal requirement to make monetary or other to make monetary or other compensation,compensation, consistent with the polluter pays principle?consistent with the polluter pays principle?

I. The Ramsar ConventionI. The Ramsar ConventionI. The Ramsar ConventionI. The Ramsar ConventionCosta Rica Guidelines 1999Costa Rica Guidelines 1999•• Are wetland management bodies to be Are wetland management bodies to be consultedconsulted about about

potentially damaging external activities?potentially damaging external activities?

•• Do procedures exist for Do procedures exist for vertical coordinationvertical coordination on on conservation between different tiers of government, conservation between different tiers of government, particularly in countries with federal or decentralizedparticularly in countries with federal or decentralizedparticularly in countries with federal or decentralized particularly in countries with federal or decentralized systemssystems? ?

•• Have legal and institutional measures been taken toHave legal and institutional measures been taken to involveinvolve•• Have legal and institutional measures been taken to Have legal and institutional measures been taken to involve involve stakeholdersstakeholders in wetland policyin wetland policy--making and wise use making and wise use planning?planning?

•• Is there a legal and institutional basis for Is there a legal and institutional basis for coordinated coordinated managementmanagement of shared wetlands or wetland flora and fauna of shared wetlands or wetland flora and fauna with one or more neighbouring countries?with one or more neighbouring countries?

J. Building Alliances and seekingJ. Building Alliances and seekingJ. Building Alliances and seeking J. Building Alliances and seeking Natural Partners.Natural Partners.

Accepting that we cannot do this alone.Accepting that we cannot do this alone.

•• The The Mangrove Conservation PeopleMangrove Conservation People –– jumping on the jumping on the climate change bandwagon.climate change bandwagon.

•• The The Water Bird Conservation peopleWater Bird Conservation people –– accepting that accepting that storks egrets gulls and smaller waders bring in thestorks egrets gulls and smaller waders bring in thestorks, egrets, gulls and smaller waders bring in the storks, egrets, gulls and smaller waders bring in the tourists.tourists.

•• The The Intellectual Property PeopleIntellectual Property People –– understanding that understanding that states have a vital interest in protecting and states have a vital interest in protecting and p gp gmanaging economic resources.managing economic resources.

•• The The Fish Farm PeopleFish Farm People –– they have contributed they have contributed ––inadvertently inadvertently -- to the presence of to the presence of CRCR in particular in particular areasareasareas.areas.

•• The The Factory Owners Factory Owners –– they can move from being they can move from being polluters to guardians.polluters to guardians.

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