1	Realpolitik and the Oceans Science, Law, and Politics in Marine Conservation __________________ Michael Sutton The David & Lucile Packard Foundation
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4	Main Points Sound science is necessary but not sufficient to support conservation Law can be applied by all sides Essential ingredient is POLITICS! Extractive and development industries are politically powerful Without political will, science and law can be overruled or ignored
5	Three Case Studies Two wins, one loss International Ban on Commercial Whaling: Win Dolphin-Safe Tuna: Win Conservation of Atlantic Bluefin Tuna: Loss Two new approaches to generate political will for conservation
6	Commercial Whaling 18th-19th century industry Blue whale, others depleted Western nations stop whaling in 1970s Japan, Norway, USSR continue
7	International Whaling Commission Established in 1946 to regulate whaling industry Failed to make whaling sustainable Presided over the depletion of the great whales Whaling nations regularly exceeded IWC quotas
8	Public Becomes Concerned Evidence grows of depletion Scientists express concern Humpback song recorded Public begins to show alarm
9	Anti-Whaling Movement Public concern spurs activists Demonstrations held in U.S., Europe IWC becomes a battleground Scientists square off in IWC Scientific Committee Conservationists encourage anti-whaling nations to join IWC IWC members become polarized
10	Ban on Commercial Whaling IWC votes moratorium on commercial whaling in 1985 Japan, USSR, Norway refuse ban, take “exceptions” under treaty U.S. uses trade sanctions to force Japan & USSR to accede Whale sanctuaries established in 1990s Limited whaling continues today
11	Dolphins and Tuna Dolphins swim with tuna in ETP 30% of world’s tuna supply Pole & line fishing original method
12	Purse Seine Fishing Purse seiners encircle dolphins to catch schools of tuna Dolphins drown in nets Six million dolphins killed 1959-92 Marine Mammal Protection Act (MMPA) enacted in 1972 Law fails to stop dolphin killings by U.S. tuna fleet
13	Flipper to the Rescue! Six-figure dolphin kills continue in 1980s Foreign fleets replace U.S. tuna boats American public taught to love dolphins Clandestine videotape shows dolphins dying in tuna nets Public outcry grows in late 1980s Congress prepares to act
14	Dolphin-Safe Tuna Earth Day 1990: Starkist acts New laws enacted Lawsuits filed Most tuna sold is “Dolphin-Safe” U.S. embargoes foreign tuna
15	International Action Mexico & Europeans challenge U.S. tuna embargo IATTC is energized to act La Jolla Agreement signed in 1992 Dolphin mortality drops to 3,600 in 1993 and 2,700 in 1996 Panama Agreement signed in 1996 U.S. agrees to lift tuna embargo
16	Atlantic Bluefin Tuna “Porsche of the Oceans”: Biggest, Fastest, and Most Valuable Fish Managed by Atlantic Tunas Commission (ICCAT) 1970-1990: Population declines by 90% due to overfishing ICCAT fails to act; decline continues Bluefin fishermen fiercely resist catch reductions
17	Bluefin Battleground 1990: Conservationists weigh in; take battle to CITES 1992: ICCAT halves catch quota 1993: NRC releases report; ICCAT eases quota restrictions Bluefin continue to decline Industry scientists promote uncertainty
18	Where’s Flipper? Unlike dolphins, tuna are primarily a commodity, not marine wildlife Public interest and concern are low Congress supports the fishing industry U.S. law ties managers’ hands Litigation has been unsuccessful Conservation community only recently engaged
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20	What Have We Learned? Science and law aren’t enough to win Extractive industries are politically strong and well-financed Burden of proof is on conservation scientists to make their case Perverse use of “peer review” helps delay needed action Political clout is essential
21	Lessons for Conservation Public awareness and concern leads to increased political will Conservationists will need new approaches and new allies to help science prevail Two examples: Building public concern and market incentives
22	Making Science Work Consensus statement signed by 161 academic scientists reinforces the need for fully-protected marine reserves
23	Making Science Work Pew Oceans Commission reiterates call for fully-protected marine reserves
24	Making Science Work COMPASS briefs Congress; helps launch the Ocean Wilderness Network
25	Building Constituent Support
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27	Another New Approach Seafood choices impact the oceans Consumers are unaware of crisis Consumer choice is a powerful tool Chefs, aquariums can be key allies
28	Marine Stewardship Council Founded by WWF & Unilever in 1996 Developed tough standards First certifiers accredited in 1999 First fisheries certified in 2000
29	Promoting Seafood Choices First MSC Labeled Seafood Appears on World Markets
30	Promoting Seafood Choices Give Swordfish a Break, Caviar Emptor, and Seafood Lover’s Almanac
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32	Promoting Seafood Choices Groups form the Seafood Choices Alliance to coordinate efforts and ensure that messages to consumers are consistent
33	Conclusion Science and law are important tools, but can be ignored or overruled Political will stems from intense public concern and/or raw influence Conservationists must generate one or the other to win
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