Restoring the Ecological Health of the Gulf of Mexico: Attributes, Principles and Recommendations
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1 BRIEFING PAPER for Delegates to State of the Gulf of Mexico Summit Houston, Texas 5-8 December 2011 Restoring the Ecological Health of the Gulf of Mexico: Attributes, Principles and Recommendations International Union for Conservation of Nature (IUCN) Inter-Commission Working Group on the Gulf of Mexico IUCN Commission on Ecosystem Management (CEM) North America & Caribbean IUCN Species Survival Commission (SSC) Stephen Edwards, Ph.D. Roger McManus Charlotte Moser
2 BRIEFING PAPER Restoring the Ecological Health of the Gulf of Mexico: Attributes, Principles and Recommendations International Union for Conservation of Nature (IUCN) Inter-Commission Working Group on the Gulf of Mexico The Inter-Commission Working Group on the Gulf of Mexico 1 of the International Union for Conservation of Nature (IUCN) 2 presented a policy seminar 3 in August 2011 in Merida, Mexico, that examined the cross-disciplinary challenges faced in restoring the Gulf of Mexico after the blowout of the offshore Deep Horizon oil well in April This briefing paper contains recommendations derived from the seminar, taking into consideration additional studies released since August 2011 aimed at enabling effective oversight for restoring the Gulf of Mexico. KEY POINTS RECOMMENDATIONS TO THE SUMMIT Promote the Development & Adoption of a U.S. National Plan for the Ecological Restoration of the Gulf of Mexico Support the Development & Use of the Gulf of Mexico Report Card Call for Establishing an International Mechanism, to foster communications about transnational restoration of the health of the Gulf of Mexico Call for Establishing Dedicated Funding Mechanisms, crucial to ensure that priority restoration actions in the Gulf of Mexico are undertaken in a timely manner! More than 400 government, non-governmental organizations (NGOs), academic and private sector institutions in the U.S. conduct research in the Gulf of Mexico, and at least 140 are currently involved in ecological restoration efforts in the Gulf of Mexico after the Deep Horizon oil spill. These activities are largely uncoordinated and operating under different definitions and objectives and, in the case of government agencies, often under different legal authorities.! While the Gulf of Mexico is best viewed as a unified ecosystem, issues to be addressed are diverse and complex, requiring a wide range of skills if effective steps are to be taken that ensure the recovery of the Gulf s ecosystem health. 1 The Gulf of Mexico Working Group was coordinated by the IUCN Commission on Ecosystem Management (CEM), North America & Caribbean; and IUCN s Species Survival Commission: S. Edwards; S. Hajost; K. Logan; R. McManus; C. Moser 2 International Union for Conservation of Nature (IUCN) is the world s oldest and largest global environmental network, a democratic membership union with more than 1,000 government and NGO member organizations, and almost 11,000 volunteer scientists in more than 160 countries. 3 Roadmap for Restoring the Ecological Health of the Gulf of Mexico after the BP Oil Spill. Policy seminar. World Conference of the Society for Ecological Restoration, Merida, Mexico, August 23, Briefing Paper: IUCN Inter-Commission Working Group on the Gulf of Mexico Page 2
3 ! The vision of what a healthy Gulf of Mexico would look like (see Box 1) developed by a consortium of NGOs provides a basis to measure and monitor progress.! There is no unifying Gulf of Mexico National Recovery Plan in which the many challenges are identified and actions proposed. Such a National Plan would help foster collaboration and cooperation amongst both public and private stakeholders and provide a means to formalize mechanisms to monitor progress.! U.S. government agencies are accountable under a number of statutes for their actions in achieving recovery in the Gulf; however in many cases, there is little oversight on implementation and, in other cases, the statutory authority is inadequate.! Without a means to coordinate information and policies amongst the three Gulf national principals the United States (including the state governments), Mexico and Cuba the long-term restoration of the ecological health of the Gulf of Mexico cannot be achieved effectively. BACKGROUND The ecosystems and coastal communities of the Gulf of Mexico have endured catastrophic hurricanes, ongoing declines in coastal wetlands, freshwater flooding, rapid sea level rise, nutrient pollution and hypoxia, over-fishing, depletion of the diversity and abundance of living resources, and oil spills such as the Deepwater Horizon (NOAA 2011). These natural and man-made disasters have had considerable impact on the capacity of the Gulf s ecosystem to sustain delivery of key services. The threats, along with demand for ecosystem services, will only increase if the human population continues to increase at the present rate of 10.9% per decade in the U.S. coastal counties surrounding the Gulf (Wilson & Fischetti 2010). Plans for the U.S., Mexico, and Cuba to expand drilling for hydrocarbons in deep Gulf water increase risks of chronic and catastrophic oil pollution. Box 1: A healthy Gulf of Mexico ecosystem supports*: Sustainable populations of the full suite of native biodiversity; Productive habitats that characterize a healthy Gulf, such as wetlands, coastal forests, mangroves, oyster reefs, sea grass beds, coral reefs, offshore banks and deep-water reefs, and other deep-water habitats, including deep-water corals, sponges and cold-seep communities, that benefit both the economy and local cultures; Sustainable, healthy populations of commercially and recreationally important species; Ample access to places and resources that provide for public benefit, including clean waters that are swimmable and beaches that sustain vibrant tourism-based economies in balance with nature; Connectivity with coastal rivers and adequate freshwater inflows to maintain productive bays, estuaries and Gulf communities; Healthy coastal habitats that are resilient to impacts from development, storms, and climate change; and Thriving cities, towns, and neighborhoods where citizens appreciate the full range of goods and services provided by a healthy Gulf ecosystem and are good stewards of nature. * From Strategy for Restoring the Gulf of Mexico: Recommendations to the Gulf Coast Ecosystem Restoration Task Force Currently, under the authority of numerous U.S. federal and state laws, regulations and executive orders, numerous federal and state agencies are undertaking mandated activities designed to restore the Gulf of Mexico, as well as ongoing regulations for protecting the Gulf s environmental quality and the abundance and diversity of its living marine resources. In addition, several dozen NGOs are expanding their conservation programs in the Gulf. Two overarching strategies for restoring the Gulf in the U.S. have been proposed since August 2011 outlining concrete actions to achieve and monitor recovery of the Gulf. These are: Gulf of Briefing Paper: IUCN Inter-Commission Working Group on the Gulf of Mexico Page 3
4 Mexico Regional Ecosystem Restoration Strategy (Preliminary) 4 ; and Strategy for Restoring the Gulf of Mexico: Recommendations to the Gulf Coast Ecosystem Restoration Task Force. 5 Both strategies cite four comparable goals that address restoration of discrete components of the Gulf, with projected completion dates from 2012 to Key habitats are restored and conserved. Water quality is restored. Key coastal and marine natural resources are replenished and protected. Resilience of Gulf-dependent communities is enhanced. Another U.S. innovation, proposed by the Harte Research Institute, Texas A&M University, Corpus Christi, is a Gulf Report Card. When developed, the Report Card will provide a means to assign a grade to the progress achieved by the various government and private initiatives pursuing restoration of the Gulf of Mexico. A third study, released in October 2011, is the Transboundary Diagnostic Analysis, 6 a bi-national Mexico-U.S. effort aimed at creating a mechanism for integrated regional ecosystems-based management of the Gulf. CHALLENGES Complexity The geographic scope and scale of what is required to restore the ecosystem health of the Gulf of Mexico is greater than any previously attempted ecosystem restoration endeavor. The scope of ecological issues range from persistently high nitrogenous and phosphate flows from the Mississippi River drainage basin, which includes Box 2: U.S./Mexico Ocean Collaboration* A vast range of agreements has been created between the U.S. and Mexico over the years to facilitate collaboration on such issues as Gulf fisheries, migratory species and environmental research priorities. Transboundary issues in the Gulf of Mexico are also addressed through multiple international agreements, among them those from the International Maritime Organization; the UN s Law of the Sea Convention; the Ramsar Convention; and the Montreal Protocol. In the U.S., the Pew Commission and the U.S. Commission on Ocean Policy (USCOP) led to the creation of the Ocean Blueprint Report and the consolidation of the Gulf of Mexico Alliance and its two Action Plans. In 2010, the Obama administration created the Interagency Ocean Policy Task Force and the National Ocean Council. In 2010, Mexico created its Inter-Secretarial Commission for the Integrated Management of Oceans and Coasts (CIMARES). Efforts are currently under way to create a Mexican Gulf Coastal States Alliance. *From Transboundary Diagnostic Analysis: Integrated Assessment and Management of the Gulf of Mexico Large Marine Ecosystem the agricultural heartland of the United States to the local deterioration and loss of coastal wetlands. What is clear is that all actions will require contributions from many diverse skills from across the Gulf. The greatest impediment to many actions is the lack of knowledge/information needed to make informed decisions. Our best estimate is that there are over 400 different entities engaged in restoration-related activities in the Gulf. The scope of activities range from local to international and involve U.S. federal, state, and local government agencies, community-based organizations, local and regional NGOs, international organizations, and companies spanning from local firms to international/multinational corporations both publicly traded and private held. Given the complexity of the restoration activities that need to be addressed and the diversity of players, it is crucial that a sustainable mechanism be put in place to coordinate the various ac- 4 The Gulf Coast Ecosystem Restoration Task Force, US Environmental Protection Agency, Prepared by a consortium of seven non-governmental organizations, under the aegis of The Nature Conservancy. (Brown, C., K. Andrews, J. Brenner, J.W. Tunnell, C. Canfield, C. Dorsett, M. Driscoll, and E. Johnson, S. Kaderka), September Gulf of Mexico Large Marine Ecosystem Project. Global Environment Facility and UNIDO, Veracruz, Mexico, 2011 Briefing Paper: IUCN Inter-Commission Working Group on the Gulf of Mexico Page 4
5 tivities and ensure that the achievements and knowledge gained through the implementation of these activities is available to all contributors to the Gulf s restoration. Accountability Neither the Task Force Strategy nor the NGO collaborative strategy provides a basis for accountability to measure performance in pursuit of the actions or outcomes that are proposed. Accountability for performance by federal, state or local government agencies can be addressed in relation to the laws, regulations, statutes or other legal instruments that authorize the activities. In broad terms, the private sector (both for-profit and not-for-profit entities) is accountable under the laws, regulations and other legal instruments, such as contracts, that govern their activities. However, unlike publically financed activities, the accountability of private sector activities is limited to the institutional policies of the implementing institution and, by and large, is not a public process. The Report Card concept proposed by Harte Research Institute could serve a critical function in driving accountability by emphasizing what entity should be doing what toward restoring the Gulf in a timely manner. However, while offering a vision for effectively monitoring restoration progress, this tool designed by an independent science-based academic institution will require substantial funding to develop and implement. Unless the Report Card s assessments are integrated into the legal framework, its findings will have no basis for enforcement. Absence of a U.S. National Plan for Gulf Recovery At present, no comprehensive plan for the U.S. restoration of the ecological health of the Gulf of Mexico exists. Such a plan could provide a basis for setting priorities for activities, identifying research needs, coordination of activities amongst the various institutions and provide a public and transparent basis for assessing progress. Key among the benefits would be a means for setting funding priorities and compiling information on the Box 3: International, inter-state/ provincial coordination The Environmental Protection Agency (EPA) administers the Great Lakes Restoration Initiative established to foster recovery of ecosystems in the Great Lakes. The Great Lakes Basin encompasses large parts of the United States and Canada. Within the U.S., the EPA and nine other federal agencies together administer more than 140 different federal programs helping fund and implement environmental restoration and management activities in the Great Lakes basin. In addition, governance of the Great Lakes system is shared with eight U.S. states, nearly 40 Tribal Nations, more than half a dozen major metropolitan areas, and numerous county and local governments. EPA's work is handled through its Great Lakes National Program Office. The Boundary Waters Treaty of 1909 and the 1987 Great Lakes Water Quality Agreement (GLWQA) with Canada provide the basis for our international efforts to manage this shared resource. The Great Lakes 5-Year Strategy, developed jointly by EPA and its multi-state, multi-agency partners and built on the foundation of the GLWQA, provides the agenda for Great Lakes ecosystem management, and Lake wide Management Plans have been developed for each lake. impact of disasters like the Deep Horizon oil spill that would better inform government decisionmakers and the private sector in the future. International cooperation Restoration of the Gulf in the long term will depend on the three Gulf national principals the United States, Mexico and Cuba working together, sharing information and coordinating respective contributions. Neither the Task Force nor the NGO collaborative strategy makes more than passing reference to Mexico (in relation to sea turtle conservation) while Cuba is only mentioned in the context of defining the limits of the Gulf in the Task Force Strategy. However, the Transboundary Diagnostic Analysis not only addresses how Mexico-U.S. collaboration in managing the Gulf can be addressed, but it also includes in its governance section a discussion devoted to the Cuban Question. 7 7 Major participation in this study came from Mexico, notably from its Ministry of Environment and Natural Resources (SEMARNAT). The primary U.S. participant was NOAA. Briefing Paper: IUCN Inter-Commission Working Group on the Gulf of Mexico Page 5
6 While many initiatives exist to promote regional or international ocean collaboration between the U.S. and Mexico, no regulatory body exists with coordinating authority for these initiatives (See Box 2). Moreover, the U.S. is currently unable to offer assistance or even share information with Cuba that could help prevent chronic and catastrophic impacts from oil pollution in Cuban waters, even when such pollution may adversely impact the Gulf of Mexico beyond the territorial waters of Cuba, the Bahamas, or the East Coast of the United States. The coordination and institutional mechanisms required to effectively implement effective transnational policies are in their infancy or largely untested. It is unclear whether sufficient political support and adequate funding is available to support these efforts. Funding priorities Funding priorities for Gulf restoration need to be established to answer long term questions, including oil impacts on species and their habitats, that align with restoration strategies recommended by the Task Force and NGO consortium. However, implementation of strategic objectives will depend on adequate support. Currently, the availability of funding to undertake these activities in a timely manner remains highly questionable, while disbursement of BP funds for scientific and restoration projects, as well as the funds from oil and gas compensation fees, have been slow and encumbered. RECOMMENDATIONS TO THE SUMMIT The following provide concrete mechanisms for addressing the challenges outlined above: 1. PROMOTE THE DEVELOPMENT & ADOPTION of a U.S. National Plan for the Ecological Restoration of the Gulf of Mexico. A U.S. National Plan should be developed through a collaborative process involving public agencies at both federal and state levels as well as public and private entities that have a stake in the recovery of the Gulf. The plan should be inclusive, providing clear goals and desired outcomes achievable in reasonable time. 2. SUPPORT DEVELOPMENT & USE of the Gulf of Mexico Report Card proposed by the Harte Research Institute to provide a basis for monitoring and assessing progress toward achievement of the outcomes agreed in the National Plan and other mechanisms. While government entities can be an important part of the process, it would be best if this instrument were developed and maintained independent of government. 3. CALL FOR ESTABLISHING an International Mechanism to foster transnational communications about restoration of the Gulf of Mexico. Gulf recovery requires International Cooperation because the U.S. shares responsibility for the ecological health of the Gulf of Mexico with Mexico and Cuba. (See Box 3 for an example of successful inter-state and international collaboration between the U.S. and Canada for managing recovery of large-scale ecosystems.) Open access to information on the Gulf will help all stakeholders assess more accurately risks to ecosystems, including pollution from point and non-point sources from much of the U.S; respond to accelerating declines in wetland protection of critical and unique habitats; and identify key international research needs for the Gulf's recovery 4. CALL FOR ESTABLISHING a Dedicated Funding Mechanism, which is crucial to ensure that priority restoration actions for the Gulf of Mexico are undertaken in a timely manner. The Gulf will continue to deteriorate, along with the delivery of crucial ecosystems services on which three countries depend, until stakeholders can agree to sustainable funding for the proposed priority initiatives. # # # Briefing Paper: IUCN Inter-Commission Working Group on the Gulf of Mexico Page 6
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