Oceans

Watch Out! The Mining Industry Wants to Dump its Waste in the Ocean

By Florencia Ortúzar, AIDA attorney, and Karol Rodríguez, AIDA intern Mining gives rise to a serious problem: toxic waste. Tailings from ore extraction have been known to damage the environment and communities living near dump sites. Responsible management, then, is critical if we desire economic development that brings more benefits than problems. In Chile, mine companies are running out of places to dump their dangerous byproducts. Inadequate disposal has already caused substantial harm; nobody wants toxic waste near their home or community. Even depositing tailings in dry areas with low biodiversity is not safe, because rain and floods can wash contaminants into communities. In this context, Chilean mining companies have come up with the “brilliant” idea of depositing mine tailings into the sea, through a pipeline that would transport tons of waste to a valley on the ocean floor. The Ocean: delicate and mysterious cradle of life The ocean is one of the greatest mysteries on our planet. In fact, 95 percent of the ocean floor has not been mapped, which means we know only 5 percent of it. We know more about the surface of the moon than about the depths of the ocean. What’s more, oceans contain the most complex ecosystems on the planet. The variables involved in their health and dynamics are infinite. Given these unknowns, it is impossible to predict the effect that mine tailings would have on the ocean floor. This uncertainty is reason enough to apply the precautionary principle, an important legal tool to prevent environmental degradation caused by human development. We don’t know how the waste may affect complex marine ecosystems, their many species, or even ourselves, who take nourishment from fish and other seafood. So how could we sleep soundly while a pipeline funnels contaminated, and certainly hazardous, waste into our oceans? The effects of the environmental damage could be large and uncontrollable, and, once the water is released into the ocean, there would be no turning back. An international workshop on the idea To understand more about this worrying initiative, two renowned Chilean environmentalists—Juan Pablo Orrego, president of Ecosistemas, and Flavia Liberona, executive director of Fundación Terram—attended an international workshop in Lima in June. Participants at the workshop, convened by the Joint Group of Experts on the Scientific Aspects of Marine Environmental Protection and the International Maritime Organization, discussed the viability of depositing mine tailings in the ocean. Orrego penned an article on the theme, which you can read here. In the workshop they learned that dumping mine waste into the ocean is nothing new. It happens in Canada, Turkey, Papua New Guinea, and in some African countries. The Norwegian government recently authorized the use of a pristine fjord (a narrow sea inlet) as a repository for mine tailings from a rutile mine. During the workshop, an official from the Norwegian government defended the decision, arguing, “The social benefits from the mine outweigh the destruction of the fjord.” According to whom? For and against Supporters of the Chilean proposal claim that dumping tailings into the sea does not necessarily entail a hazard. They say the risks are minimal because there’s no oxygen on the bottom of the ocean, so the chemical reaction that causes toxicity on the surface would not occur. Leonel Sierralta J., former official of Chile’s Environmental Ministry and current scientific director of Sustainable Initiatives for Mining, penned an open letter in response to Orrego’s article. In it, he says that although there have been disastrous cases involving mine waste in the ocean, there are also cases in developed countries in which waste dumping has been carried out based on science and following strict environmental criteria. His arguments have not convinced those who oppose the proposal, including five Chilean senators who sponsored a bill to prohibit the discharge of tailings into the ocean. An alternative: neutralize the risk Orrego proposes to regulate mining more strictly. He says that before tailings are deposited, mining companies must extract from them all heavy metals and neutralize their chemical compounds.  In that way, it would be feasible to deposit practically inert tailings in places such as old mine shafts. It would even create an economic opportunity for companies to begin extracting and recycling dangerous elements. The neutralization of tailings is an appropriate alternative to continuing environmental destruction. Orrego’s proposal is sensible. It’s reasonable to assert that economic activities dangerous for the environment continue only if their impacts are neutralized. If we generate more waste than we can deal with, it’s because we are not acting sustainably, which means we are not assuring the conservation of a healthy planet for our descendants. This is why we at AIDA work daily to preserve the health of ecosystems in the face of highly polluting activities like mining.  

“My Mom Is the Best Lawyer in the World”

“My mom is the best lawyer in the world because she defends the turtles, the corals, the salted forests they have in the sea, and alllll the fish.” As I listened to my 4-year-old daughter, Daniela, say this to an auditorium full of parents, boy and girls, my eyes filled with tears and my heart filled with love and happiness.  Listening to my little girl brag about what her mother does renewed my strength and enables me to continue working passionately. Daniela summed up quite well my work on AIDA’s team of attorneys in the Marine and Coastal Protection Program. My colleagues and I focus on three key areas: coral reefs, mangroves and fisheries. We use national and international standards to support marine ecosystems and the people who depend upon them. Coral Reefs We know that by protecting coral reefs, we’re preserving natural barriers that protect coastal communities from storms and hurricanes—which are growing ever stronger due to climate change. We’re also conscious that the many varieties of fish we enjoy on our dinner table exist only because of the important breeding grounds that corals provide. Mangroves Mangroves, or “salted forests” as my daughter calls them, are swampy forests that exist in lakes, rivers and tropical coasts where fresh river water mixes with saltwater from the sea. My colleagues and I are determined to safeguard these ecosystems because we know they are our greatest allies. Mangroves capture from the atmosphere 50 times more carbon dioxide than tropical forests. They are also an important food source for birds, and a center of breeding and development for shrimp, crab and some fish, which provide a livelihood for coastal communities. One example of these unique ecosystems is Marismas Nacionales, the largest mangrove forest in Mexico, which we’re currently fighting to protect. Fishing Conscious that ecosystems are interrelated and reliant upon each other, we work to create sustainable fisheries. If we care for one fish, the rest of the fish will also benefit. We hope that future generations will also be able to taste a fish from the sea, not just observe one in a photograph. We have seen that adopting appropriate measures has allowed fish populations to recover, as occurred with the hoki in New Zealand, the anchoveta in Spain and France, and the cod in the northern Atlantic ocean. Every day I appreciate and enjoy the privilege my children, Daniela and Agustín, have to run through a forest, stick their feet in the ocean and feel the movement of little fish between their toes, or marvel at their first glimpse of a magnificent butterfly or a towering tree. In these moments, I reaffirm the words my parents said one day to my husband and me: “Many good memories outside are worth much more than many toys in the house.” At AIDA we are 26 people working throughout the continent with dedication and commitment. We do it for Daniela and Agustín, and for the rest of the little boys and girls who are part of our organization: Amber, Esteban and Eloísa, Constanza, Jared, Isabelle and Caroline, Izabela, Paloma, Marc and Rosalie. We work for our children and for all children, so that current and future generations have the opportunity to enjoy a healthy environment. Thank you for supporting our work!

Progress on Protecting the Loggerhead Turtle!

By Gladys Martínez Significant strides were taken last week toward the conservation of loggerhead sea turtles. A new international resolution intends to strengthen protections for this endangered species in the Americas, and outlines the primary threats facing loggerheads, including mining, all of which should be regulated to avoid harm. The resolution was approved during the 7th Conference of Parties to the Inter-American Convention for the Protection and Conservation of Sea Turtles (CIT), hosted last week in Mexico City. One of just seven species of sea turtle in the world, the loggerhead turtle is threatened by human activities such as unsustainable fishing, poorly planned development and extractive industries.  AIDA was an actor and an observer in the conference, representing other organizations and individuals from civil society. My colleagues and I spoke with delegates and raised awareness of the harm that marine phosphate mining could cause to loggerheads, and to the ecosystem as a whole. We drew attention to the potential impacts of the Don Diego mining project in Bahia de Ulloa, Baja California Sur. The region’s first marine phosphate mine would, if executed, gravely impact populations of loggerhead turtles and other species that live in or migrate through Baja waters. I am pleased to report that I successfully advocated for the resolution to include mining on the list of threats to loggerheads. We also used our knowledge of international environmental law to help strengthen proposals within the resolution, and to make member States aware that immediate action is required for the conservation of the species. Details of the Loggerhead Resolution In the resolution, member States recognize that threats to the loggerhead turtle include development, coastal and deep-water fishing, marine debris, mining, pollution and climate change. The nations promise to work together to implement existing recovery plans for loggerhead populations, as well as to develop new plans in countries that still have not created them. They made the following commitments: Mexico and the United States will work together with Japan to develop a Trinational Recovery Plan for loggerhead turtles in the North Pacific. Chile, Ecuador, Peru and the United States will work with the Secretariat Pro Tempore of the Sea Turtle Convention and the Secretariat of the Convention on Migratory Species to implement a Species Action Plan for loggerhead turtles in the South Pacific. Mexico and the United States will continue working with collaborating countries of the North Atlantic to share information about the situation and tendencies of the loggerhead turtle of the Northeast Atlantic, and to identify collaborative conservation actions. A Report on the Conference Overall, I am quite satisfied with the advances achieved at this conference. I consider it a privilege to participate, and an honor to effectively contribute our knowledge and experience to conventions such as this, where decisions are made at an international level, and then taken back and implemented in each participating country. Another result of the Conference is the increased protection of the leatherback turtle (Dermochelys coriacea) of the Western Pacific. Member States approved a resolution in which they committed to: Deliver information annually to the Secretariat of the Convention on leatherback turtle bycatch taken by their fleets. Annually inform the Secretariat of measures that are being adopted to reduce bycatch. Identify, with the help of the Scientific Committee, critical areas and fisheries that require spatial and temporal management to reduce bycatch. Strengthen actions for the protection of leatherback turtles eggs. Establish and evaluate national programs for handling and releasing leatherback turtles taken as bycatch in fisheries. We trust that the States will transform these international commitments into effective actions for the conservation of sea turtles. At AIDA, we will remain vigilant to ensure these promises become reality. 

Strengthening the Sea Turtle Treaty

By Gladys Martínez When baby sea turtles first break through their shells, they slowly stick their heads out into the world. Then, they run as fast as they can to the vast body of salt water before them, where they will spend their lives. Sea turtles are migratory creatures that swim in the oceans, and nest on the beaches, of many different countries. Their survival is at risk from the impacts of human activity, such as unsustainable fishing, poorly planned development, and mining projects in marine and coastal areas. In an effort to confront these threats, the Inter-American Convention for the Protection and Conservation of Sea Turtles was created in 2001. The international treaty promotes the protection, conservation and recovery of sea turtle populations. From June 24 to 26 in Mexico City, representatives from member States will discuss achievements and plan for the future of the Convention during the 7th Conference of Parties. AIDA will be there advocating for the States to continue meeting their obligations and making new commitments. Fifteen Contracting Parties have signed the Convention: Argentina, Belize, Brazil, Chile, Costa Rica, Ecuador, Honduras, Mexico, Nicaragua, Netherlands (Antilles), Panama, Peru, Uruguay, Venezuela and the United States. Thirty-two accredited observers, including academic institutions and NGOs, may participate in meetings of Scientific and Consultative committees of experts.  The 7th Conference of the Parties will focus on adopting three key resolutions, on: The conservation of leatherback sea turtles (Dermochelys Coriacea) in the Pacific Ocean. The conservation of loggerhead sea turtles (Caretta Caretta). Exceptions to the subsistence harvest of olive ridley turtle eggs in Costa Rica. The Conference will also review the States’ compliance with regards to their annual reports, present the Secretariat’s work plan, and elect a new President, Vice President and Rapporteur.  AIDA will seek for the States to: Commit to avoiding threats to turtle nesting habitats by mining projects. Continue restricting and prohibiting developments that affect sea turtle migration routes. Strengthen measures for responsible fishing and bycatch (sea turtles are captured and killed incidentally by fishermen targeting other species). We will concentrate our outreach efforts on creating awareness and promoting measures to curb the risks that the Don Diego marine mining project will have on the loggerhead turtle and Mexico’s marine ecosystem. AIDA has worked since 1998 to protect sea turtles. First we advocated the Convention’s ratification. A campaign organized by AIDA and other sea turtle advocates helped secure the signatures necessary to continue the negotiation process, and, in 2011, for the Convention to enter into force. We have advocated before Courts and decision-makers for the protection of sea turtles in several countries of Latin America, basing our advocacy on the obligations assumed by States under the Convention. Using this strategy, we have protected the green turtle from illegal poaching on Costa Rica’s Atlantic coast, avoided loss of nesting habitat of the leatherback turtle, and guaranteed that hawksbill and olive ridley turtles continue to enjoy one of their favorite coral reefs, Coiba National Park in Panama. Follow us on Facebook and Twitter to learn more about the 7th Conference of Parties of the international treaty to protect sea turtles! 

Mine Threatens a Great Marine Migrator

By Haydée Rodríguez Each year, the gray whale sets out on one of the longest migratory journeys on the planet: a nearly 13,000-mile swim from its feeding grounds in Alaska to the warm waters of Baja California Sur, Mexico, where it births and raises its calves—after which it turns around and swims back again. It’s been estimated that, by the time a gray whale turns 50, it has traveled the equivalent of a journey from the Earth to the Moon and back.  This impressive mammal, 50 feet long in its adult years, and its migratory feat are at risk from a marine mining project. If executed as proposed, the project would gravely damage the environment and living conditions of the gray whale.  At the end of February this year, 2,652 grey whales arrived at the San Ignacio and Ojo de Liebre lagoons in Baja California Sur, very close to Ulloa Bay. This was the highest number recorded in the last 19 years, an occurrence that provides an important source of income for local families who depend on the sustainable tourism generated by whale watches.  Yet it’s precisely in this area near Ulloa Bay that Odyssey Marine Explorations intends to begin the Don Diego phosphate-mining project. The project began in September 2014, when the company presented its Environmental Impact Assessment (EIA) to Mexico’s Secretariat of Environment and Natural Resources (SEMARNAT). The Don Diego Mine The proposed mine would comprise five work sites in an area of 91,267 hectares. Each site would be exploited for 10 years, resulting in a 50-year-long project. The intent is to extract 350 million tons of phosphate sand from the marine floor—a quantity that would fill Mexico City’s Aztec Stadium 264 times. As proposed, the project would have grave and irreversible impacts on a marine zone rich in biodiversity and of great importance to local fisheries.  The gray whale, as well as other species of whale and turtle that live or pass through the zone, depend on sound to communicate, stay united and locate food. The Don Diego project will use dredging boats to obtain the phosphate sand, producing a lot of noise in the area, potentially creating a “modification of vocal behavior or surprise reaction” in the whales, according to the project's Environmental Impact Assessment (chapter 4, page 229). Among other consequences, the noise would jeopardize the survival of the whales by causing changes in their behavior and migratory route, and would disrupt the feeding of calves.  Principal Impacts on the Marine Ecosystem AIDA presented our comments on the Don Diego EIA before SEMARNAT, pointing out the environmental reasons why the project should not be authorized under the conditions by which it was approved. Our key points were as follows: The proposed mining activity would gravely alter the marine ecosystem: large boats will dredge the seabed to extract sand, but also living organisms. The dredged material will be separated to obtain phosphate, and the material not considered useful will be returned to the sea.  The sediments that will return to the sea may contain high levels of toxic elements such as uranium and thorium, which are exposed during the phosphate-separation process. Exposed toxins may be transported on other organisms or consumed by fish that may then arrive on our tables. This is why the phosphate mining industry is considered a potential source of  radioactive contamination. The exposed toxic sediments, noise and dredging will put at risk the gray whale and other vulnerable species of whale (humpback and blue) and turtle (loggerhead) already in danger.   In addition to altering the habitat of marine species, the project will threaten the fishing and tourism activities on which various coastal communities depend.  In places such as Namibia and New Zealand, after analyzing similar projects, the governments negated permissions or declared a moratorium on phosphate mining until the industry can show that it does not cause grave impacts. The Mexican government should follow this example and apply the precautionary principle to avoid irreversible environmental damage. The Environmental Impact Assessment of the project lacks important information about the possible impacts on the marine ecosystem and measures to avoid them.  In our comments, AIDA highlighted the need for the company to provide more detailed information on the project’s potential impacts. The Mexican government has shown similar concern, as in their analysis of the EIA they’ve also requested additional information from the company. It is of particular interest to us to have better information on the impacts of sound and dredging on the coastal marine ecosystem, and on possible damage to fishing in the area. Without a doubt, it is better to prevent damage than to be sorry once it’s been done. The gray whale still has many miles left to swim. 

Don Diego mining project poses grave risk to Mexican marine ecosystem

AIDA’s formal comments on the Environmental Impact Statement for the phosphate-mining project, proposed in a Baja California Sur bay, point to insufficient information about safeguards for the ecosystem, which is vital for both coastal communities and endangered species.  Mexico City, Mexico. The Interamerican Association for Environmental Defense (AIDA) has commented on the Environmental Impact Statement for the Don Diego phosphate-mining project in Ulloa Bay, Baja California Sur. In their analysis, AIDA proved that the document lacks sufficient technical information to ensure that the project will not seriously damage the Bay. Ulloa Bay serves as an important marine ecosystem for coastal communities as well as for endangered species like the Blue and Humpback whales and the Loggerhead turtle.  The Mexican Center for Environmental Law (CEMDA) presented the comments in AIDA’s name to Mexico’s Secretariat of Environment and Natural Resources (SEMARNAT). "The comments show that the Don Diego project, the first of its type in the region, could cause serious environmental damage," said Haydée Rodríguez, an AIDA attorney. The primary reasons the project should not be authorized as presented are: The project could cause irreversible damage to an ecologically vulnerable and biodiverse region, which includes Magdalena Bay, a mangrove ecosystem considered a Marine Region of Importance. The region is also home both to threatened marine species and to others vital to the fishing industry. The Environmental Impact Statement lacks important information about possible impacts on the marine ecosystem and measures to avoid them. The project involves a mining process that will greatly alter the marine environment: large boats will dredge the seabed and extract sand in search of phosphate, but in doing so may also extract living organisms. The project will alter the marine ecosystem by unearthing sediments that contain toxic elements, such as uranium, that will be returned to the ocean after processing. The exposed toxic sediments, along with the dredging and noise of the mining operation, will alter the habitat of endangered species of whales and turtles. The Mexican government has national and international obligations to apply the Precautionary Principle. As such, they should deny permission to the project to ensure that it does not cause serious and irreversible environmental damage. In authorizing the project, the Mexican government would violate international treaties that require it to protect marine environments and threatened and endangered species. The project puts at risk fishing and tourism activities that provide the livelihoods of the region’s coastal communities. You can see our full comments on the Don Diego Environmental Impact Statement here (in Spanish).

Five Reasons to Protect the Peruvian Anchoveta

The anchoveta (Engraulis ringens), a wide-eyed fish 12 to 15 centimeters long, is prevalent in the Pacific coastal waters of Peru. When I first heard of this little fish, I had no idea how important it was for both the environment and the Peruvian population. Commercially, the anchoveta is used to produce fishmeal for animal feed and, to a lesser extent, for human consumption. But it’s also an important source of nutrition for the fish, mammals and birds of the Humboldt Current, one of the most biodiverse cold-water ocean currents in the world. Two years ago, AIDA began collaborating with the Peruvian Society for Environmental Law and Earthjustice to recommend changes to Peruvian law that would ensure sustainable management of the anchoveta fishery.  We’ve recently released a report in which we stress the importance of ecosystem management. Decisions about how much anchoveta to catch, and when, should take into account both the commercial fishing industry and the health of the Humboldt Current ecosystem. Here are the five most important reasons to promote ecosystem management of the Peruvian anchoveta fishery:  1. Species of mammals, fish and birds depend on the anchoveta for nourishment.  Most marine predators of the Humboldt Current depend, to some extent, on the anchoveta. The small fish is food to Humboldt Penguins and other birds, marine mammals like sea lions, and other commercial fish, such as hake, horse mackerel and mackerel. Fishery management that considers the ecosystem as a whole will help to save not just the anchoveta, but the many species that depend on it as well.  2. The anchoveta population is at risk.  The Peruvian anchoveta fishery has been on the verge of collapse.  It has had to be closed twice: once in the early-1970s and once in the late-1990s. The lack of an adequate ecosystem management plan creates fluctuations in the anchoveta population. Continuing this way in a year with reduced populations could mean the collapse of the fishery.  3. More and better controls over what can be fished are needed.  The demand for fish implies, increasingly, that more juvenile anchoveta are being captured before they have reached the age of reproduction. As a result, the anchoveta cannot replenish its population fast enough to keep up with harvests. 4. Comprehensive fisheries management plans do not exist.  The laws that regulate the anchoveta fishery differ depending on whether the fish is for human consumption or will be used to produce by-products such as fishmeal and fish oils.  A management plan that integrates both uses must be established to create a truly sustainable fishery that also takes into account the anchoveta’s relationship with other species.  5. Ecosystem management of the Peruvian anchoveta would set an example for other countries.  The Peruvian anchoveta fishery is the largest in the world. Implementing institutional and regulatory reform to promote ecosystem management of the species would set a precedent for other countries in the region to improve their standards.  Learn more I invite you to review the report (in Spanish). Now is the time to care for the little species that do a big job in our seas!  The ocean knows no bounds and its relationships are complex. Ecosystem management of the anchoveta fishery will ensure that there will be enough fish to feed the needs of industry and maintain the ecological balance of the Humboldt Current.

Working to protect coral reefs in Mexico and throughout Latin America

In the Gulf of Mexico, 27 coral reefs form a submarine mountain range that runs between six islands in an area stretching for miles. Hundreds of colorful fish species, sea urchins, starfish, and sea grasses share the reef with an abundance of other life forms. This is the magnificent Veracruz Reef, the largest coral ecosystem in the Gulf. Unfortunately, planned expansion of the Port of Veracruz, recently approved by the Mexican government, will damage the reef and harm the creatures that depend on it for survival. The project will also harm the nearby Los Tuxtlas Biosphere Reserve, a jewel of Mexico’s Emerald Coast, because developers will mine it for rock to use in port construction. The environmental authority approved the port development in 2013, even though Mexico declared the Veracruz Reef System a National Protected Area in 1992. What’s more, Mexico is a party to the Ramsar Convention, an international treaty for the protection of wetlands of international importance—which includes the Veracruz Reef. Despite the reef’s recognized significance, the government has officially reduced the size of the protected area to make way for the larger port. "Now is a good time to call the attention of world leaders and diplomats to Mexico’s unsustainable actions," said AIDA legal advisor Sandra Moguel. Mexico is preparing to host the December 2016 Conference of Parties to the Convention on Biological Diversity, an international treaty to sustain the rich diversity of life on Earth. AIDA and the Mexican Center for Environmental Law (CEMDA), representing 13 organizations and individuals, have sent a letter (in Spanish) to the Secretariat of the Convention on Biological Diversity. (The Secretariat is a neutral organization staffed by international civil servants, accountable to the Conference of Parties and its subsidiary bodies, and linked to the United Nations Environment Program.) The letter requests two things of the Secretariat: assess the harms that the expansion will cause, and ask Mexico to revoke project authorization because of the serious impact it will have on the diversity of life on the reef. "The manner in which the government has authorized this development project worries us," Moguel said. "Mexico has breached their international commitment to protect the rich biodiversity within its borders, particularly when it falls within natural protected areas." AIDA’s marine team has been working on similar cases in Mexico and throughout the region, gaining expertise in national and international laws that enable the protection of coral reefs. They have produced a report that synthesizes knowledge gained through years of such work, The Protection of Coral Reefs in Mexico: Rescuing Biodiversity and its Benefits to Mankind (in Spanish). "We want to interest and inform people working in wetlands protection," Moguel said. "There is a diverse array of legal tools at their disposal, which they may not be aware of," Moguel said. "In addition to describing our own legal work on this issue, we discuss the power of international treaties and commitments that nations must abide by." The report outlines the importance of coral reefs in the world—in Mexico in particular—explores case studies, outlines relevant international treaties and obligations, and looks to best practices from nations around the region for inspiration. AIDA Marine Senior Attorney Gladys Martínez said that reports such as these are intended to raise awareness of the legal means available to protect wetlands and to highlight the different methods that decision-makers can use. "AIDA selects emblematic cases like these of Mexico, to illustrate environmental problems that recur throughout the hemisphere," said Gladys Martínez. "The threats to the Veracruz Reef System are a sign of the urgent need for nations to take effective measures to protect coral reefs and comply with their international obligations." AIDA has launched a campaign to fund the marine program’s continued efforts to protect corals in the region. Our work will provide advocates and decision-makers with the practical resources, recommendations, and tools needed to improve coral reef protection. Your donation will directly support this work, and provide a brighter future for the brilliant array of life on the coral reefs of Latin America.

Towards Ecosystem Management of the Peruvian Anchoveta Fishery (in Spanish)

The report, created with the financial support of the Pew Charitable Trusts, contains recommendations for the legal and institutional reforms needed to manage the fishery while caring for the needs of the ecosystem as a whole. The recommendations are designed to ensure that the fishery is managed to provide enough anchoveta for both the commercial fishing industry and the rest of the marine life that depends on it. Download the report (IN SPANISH)  

Defending the Veracruz Reef from a port expansion project