Transcript English - IUCN Invasive Species Specialist Group

Developing legal and
institutional frameworks
for invasive alien species
Module 2:
laying the foundations for
effective national frameworks
what this module covers
1. key issues
2. reviewing strengths and
weaknesses of existing
frameworks
3. ways to mainstream
invasives across
institutions/legislation
4. design of legislation
(scope, terms, crosscutting principles)
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Module 1
what decision-makers need
to know about invasive
species
laying the foundations for
Module 2 effective national frameworks
preventing
biological invasions
Module 3
responding
to biological invasions
Module 4
Module 5
getting results: compliance,
enforcement and liability
Module 6
legal frameworks for
cooperation beyond borders
laying the foundations for effective national frameworks
role of legal frameworks
• provide a regulatory
mechanism for defining longterm policy objectives
• establish principles, standards
and procedures to achieve
them
• assign responsibility to
government authorities and
give them the authority to
carry out their mandates
• establish the institutional
structures needed to
implement and enforce laws
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laying the foundations for effective national frameworks
key issues to address
stakeholder
involvement
concerned sectors
(environment, agriculture,
border control/quarantine,
water, fisheries, trade,
transport...
+
local government, private
sector, NGOs, institutions
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common
constraints
lack of public, political and
media awareness
fragmented legal and
institutional frameworks,
outdated/inconsistent laws...
gaps in coverage and
terminology, poor
compliance
laying the foundations for effective national frameworks
Step 1.
Political decision
Step 2.
Gather information and produce draft policy
Step 3.
Develop national policy
Step 4.
Draft, enact and implement legislation
Step 5.
Monitor and evaluate system
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laying the foundations for effective national frameworks
Step 1
Political decision
Reasons for possible resistance...
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Lack of awareness
Conflicts of interest
Competing priorities
Conflicts/gaps in policy
Lack of coordination
Fears about cost
Procambarus clarkii
laying the foundations for effective national frameworks
Step 2
Gather information and
produce draft policy
Establish a knowledge base
(collect information)
Recommend
necessary
changes
Evaluate the knowledge base
(analyse information)
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laying the foundations for effective national frameworks
Step 2 (a)
Identify and assess
international commitments
IAS are covered by
customary international law, binding international
instruments and ‘soft law’ codes and
recommendations
International and regional instruments set out norms
and guidelines within which national regulatory
frameworks developed
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laying the foundations for effective national frameworks
International regulatory framework
Plant & animal
health
Biodiversity
conservation
Transport &
other pathways
(CBD, CITES,
CMS, Ramsar)
OIE
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IPPC
& EPPO
laying the foundations for effective national frameworks
Ballast Water
Convention
Step 2 (b)
Assess national institutional and
regulatory framework
Questions to consider:
• Scope of framework
• Institutions
• Decision-making
• Integration of IAS into development planning/control
• Relations with other countries
• Trade
• Liability
• Flexibility and adaptability
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laying the foundations for effective national frameworks
mainstreaming IAS:
the need for institutional coordination
• IAS affect all environmental
programmes
• engage agricultural and trade
communities from start
• which institution should take lead role
• coordination within and between
sectors: support from technical
advisory committee
• engage local administration too
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laying the foundations for effective national frameworks
example of a cross-sectoral
mechanism for IAS coordination
Stake holder engagement
Forum
Media & Comms.
working group
Sounding
board
GB Programme Board
Non-native Risk
Analysis Panel
Non-native
Species Secretariat
Monitoring
Existing
species
New
detections
Horizon
scanning
Rapid Response
Working group
Step 3
develop policy framework
Policy provides guidance to planners, decisionmakers and law-makers
Identify policy choices
Acceptable risk levels
Distribution of responsibility for risks
Should contain:
–REALISTIC VISION
–Goals and objectives of IAS management
–How the goals and objectives to be met (action plans
regularly updated...)
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laying the foundations for effective national frameworks
Step 4
developing appropriate legislation
Generic components and requirements:
– administrative mechanisms/approaches appropriate to IAS challenges
and implementation capacity
– authorisation of particular agencies, institutions and officials
– establishment of specific prohibitions, restrictions, rights and obligations
– development of a regulatory programme for implementation of selected
measures
– communication of facts to ‘on-the-ground’ officials and the public
– protocols and procedures for enforcement
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laying the foundations for effective national frameworks
what IAS legal and management
frameworks need to cover
steps to invasion
interventions
aims
examples
interventions targeting the steps to invasion
introduction
prevention
stopping introductions
quarantine, blacklists, inoculation,
trade/import bans, land use restrictions
eradication
destroying or removing
a new invasion
physical removal, chemical eradication,
biocontrol
containment
stopping a new invasion
from further spreading
confinement of the species,
phytosanitary controls, border checks
management
restoration
of established invasions
of affected ecosystems
periodic clearance, revegetation/
repopulation with native species,
landscape restoration

establishment

naturalisation/spread

invasion
interventions targeting ecosystem resilience
biodiversity conservation; protected areas; sustainable land and resource management; … etc. …
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laying the foundations for effective national frameworks
What kind of legislation is most
suitable for your country?
specific and comprehensive IAS law
no “one size
fits all”
approach
core framework legislation
separate sectoral laws consistent
with agreed approaches
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laying the foundations for effective national frameworks
deciding on objectives
Rationale for legislation needs to
be clearly and easily understood
:
• prevent or minimise IAS
impacts to ecosystems,
economies, health
• conserve living resources and
associated industries;
• protect indigenous biodiversity;
• promote international and
regional cooperation and
harmonisation of management
practices pertaining to IAS
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laying the foundations for effective national frameworks
deciding on scope
must be broad enough (across
all relevant laws) to cover all
taxonomic groups and
introductions to all ecosystems :
• needs to go below species level
to cover sub-species and microorganisms
• needs to cover in-country
introductions as well as imports;
• consistency between relevant
laws is essential
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laying the foundations for effective national frameworks
deciding on definitions
keep it simple: only define
terms where essential for
legal precision :
• “introduction” and the
question of intention
• terminology of origin:
defining “alien” and “native”
• “invasive” (the notion and
degree of threat)
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laying the foundations for effective national frameworks
cross-cutting principles to underpin
national legislation
the precautionary principle
“Where there are threats of serious or irreversible damage, lack of full
scientific certainty shall not be used as a reason for postponing costeffective measures to prevent environmental degradation.” (Rio
Declaration on Environment and Development, 1992)
Central to IAS management because of the difficulty in predicting invasiveness.
Should be applied to:
•
decision-making on intentional introductions of new alien species
•
prioritisation of pathway management measures
•
monitoring and oversight following a first-time introduction
•
design of control measures
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laying the foundations for effective national frameworks
cross-cutting principles to underpin
national legislation
the ecosystem approach
• integrated management approach that
considers all aspects of a functioning
ecosystem: actions with well-defined
objectives consider the whole ecosystem
and its users
• beyond a species-by-species approach to
promote the broader goal of maintaining
functioning ecosystems with reasonably
intact biodiversity
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laying the foundations for effective national frameworks
cross-cutting principles to underpin
national legislation
Polluter/User Pays principle
The user seeking to conduct the activity that may result in
an IAS introduction, and aiming to benefit from it, should
bear any costs associated with the process.
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laying the foundations for effective national frameworks
Step 5
Monitor and evaluate
institutional and regulatory
framework
• assess effectiveness of measures adopted
• critical to provide rational basis for future
development of law and policy
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laying the foundations for effective national frameworks
thank you
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laying the foundations for effective national frameworks