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Victory: Haven for leatherback sea turtles declared off-limits

In two separate rulings in May 2008, the Costa Rican government stood up for endangered leatherback sea turtles against business interests intent on building within their protected habitat.

A relative of dinosaurs, the endangered leatherback sea turtle has continually found its home in Costa Rica under threat. Poor planning and lack of oversight destroyed its nesting beaches in Flamingo and Tamarindo. 

This time developers had their eye on the Leatherback National Marine Park (LNMP), home to some of the most important Leatherback nesting beaches in the Eastern Pacific Ocean. 

A municipal zoning regulation was enacted that would authorize construction in part of the LNMP. However, AIDA and its local partner CEDARENA, together with the Leatherback Trust, successfully defended the park.

The Constitutional Chamber of the Costa Rican Supreme Court nullified the municipal zoning regulation, safeguarding the Leatherback sea turtles and their nesting beaches. This ruling closely followed another court victory by AIDA, CEDARENA, and Justice for Nature that required the government to expropriate the private lands within the LNMP, otherwise destined to be tourist playgrounds.

The leatherback sea turtle will continue to face threats from tourism development, fishing, egg poaching, and pollution. However, AIDA and its partners have shown that the law can be used to make a powerful difference.


Oceans

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States meeting at the United Nations in New York took an important step towards launching negotiations for a new treaty to protect the biodiversity of the high seas (areas beyond the national jurisdiction).  Making up two thirds of the global ocean, marine life in the high seas is not effectively protected. A new treaty will rectify this, putting in place measures to protect the rich and globally significant biodiversity and ecosystem services of the high seas and to govern activities undertaken there sustainably. Although the wording of the recommendation did not reflect the very strong support for rapid UN action towards a treaty, it will enable the General Assembly to convene an Intergovernmental Conference. The 35 member organisations of the High Seas Alliance which have campaigned for this treaty were pleased with the recommendation to move forwards. Peggy Kalas of the High Seas Alliance said: “This is a significant step for the high seas and humanity since we are all dependent on the ocean for a healthy planet. A new treaty will bring law and governance to this most neglected and besieged part of our world and we are closer to that goal now. We are profoundly thankful to the many, many states who have worked so hard to achieve this; their determination to protect the global commons for all humankind has been inspiring.” The decision of the Preparatory Committee will now go the UN General Assembly. The overwhelming majority of states are pushing for the next step to be an Intergovernmental Conference (IGC) convened in 2018.  An IGC would mean formal negotiations on the text of a new treaty would commence. "Today marks a significant step forward for the world’s ocean," said Lisa Speer, Director of international Oceans at the Natural Resources Defense Council. Sylvia Earle said: “The nations of the world took important steps towards a treaty today. The high seas are half of the world and need the rule of law. To those who have worked so hard at the UN and in support of this moment, we extend an ocean of gratitude and carry forward optimism for a high seas treaty.” Veronica Frank of Greenpeace said: “Although we hoped to see a starting date included for the negotiating conference, it was good to see such overwhelming support for moving the process forward and so many people around the world speaking up for ocean protection. It is now for the UN General Assembly to make that step forward for the ocean and for all the people that depend on it. Anything less would fall short of what is our blue planet needs to recover." Gladys Martínez, an attorney with the Interamerican Association for Environmental Defense, said: “We applaud the commitment of so many delegates to protect nearly half of our planet. We are both proud and grateful for the work of Latin American nations in this regard.” Maria Damanaki of the Nature Conservancy said: “This is a demonstration of global collaboration, and a step towards protecting half of our planet, which today is an unregulated no man's land. We join our partners in the High Seas Alliance in commending the states and organisations that have worked effortlessly to make this happen." “This represents a major step in a long journey driven by a large number of committed states. We need to continue this momentum through to the General Assembly to deliver a resolution for an Intergovernmental Conference” added Tim Packeiser of WWF. In June all States signed on to a global call to action for the ocean, of which the high seas is a major part.   

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Large Dams

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In a letter sent to the Argentine Congress, civil society organizations expressed their concerns about the construction of large dams in Patagonia. The letter outlines recent scientific studies on the impacts of large dams on the environment, the economy, and local communities, and includes information on existing clean energy alternatives. We write out of deep concern for the crossroads facing the Argentine people: protect the immeasurable ecological heritage of Patagonia, or jeopardize Chinese funding for a significant number of infrastructure and energy projects. We understand that this is not a minor issue, and we hope that the Argentine Congress will make use of the Public Hearing on July 20, not only to evaluate in depth the Kirchner-Cepernic Hydroelectric Complex (KCHC), but also to open up a fundamental conversation for Argentina and all of Latin America: on the development of a truly clean, sovereign, and efficient energy model. We take this opportunity to share information on the negative impacts large dams have on the environment and economies of nations, as well as on affected communities; and on existing alternatives that can provide cheaper and more efficient energy. Argentina must not consider itself obliged to alter one of the last pristine areas on the planet, home of the last glacial river that runs freely from mountain peaks to the ocean. There are currently many energy options that are better than hydroelectric dams. Argentina has the opportunity to be a pioneer in the development and implementation of these renewable energy technologies. Worldwide clean energy trends demonstrate this: in 2015, the world added 63 GW of wind energy and 47 GW of solar energy, compared to just 22 GW of energy from large hydropower plants. In some parts of the world, large dams are being dismantled in recognition that their costs outweigh their benefits; and in others, private companies are discarding large dam projects because they are no longer viable or profitable. Furthermore, the United States of America has decided, as a national policy, to oppose any loan, donation, strategy, or policy to support the construction of any large hydroelectric dam. Wind and solar energy are now economically competitive, faster to build and operate, and less vulnerable to a changing climate. In addition, the falling prices of battery storage, accompanied by innovations in smart grid technology, offers ways to resolve the problem of intermittent renewables without the need to construct new large dams. Large hydropower dams are an obsolete technology. They are highly vulnerable to climate change (they can be paralyzed by droughts and may become dangerous in extreme weather events); worsen climate change by destroying carbon sinks and emitting gases from their reservoirs; harm biodiversity and local communities; cost a fortune; and take too long to become operational. Furthermore, the continued promotion of large dams by construction companies—as in the current case linked to Chinese funding—delays the implementation of available and necessary solutions towards the energy transition that our planet needs. 

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Hammerhead shark
Oceans

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In Costa Rica, it’s now up to the government to decide the future of endangered hammerhead sharks. If the government halted the export of all hammerhead shark products in the next year, it could stave off extinction of these amazing creatures. That’s the recommendation of Costa Rica’s Scientific Advisory Council for the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The Convention is an international agreement to prevent trade from threatening the survival of wild animals and plants. Of the nearly 100 species of sharks and rays in Costa Rica, 15% are in danger of extinction due to overfishing and environmental destruction or degradation. Hammerhead sharks were listed as an endangered species in 2014 and have lost up to 90% of their population. In response, the Scientific Advisory Council recommended in April 2017 that Costa Rica should prohibit export of hammerhead products for at least one year, or until the country reduces hammerhead fishing and the health of the species improves. The role of the fishing industry Shortly after the ­­­­­ Scientific Advisory Council made its recommendation, the Costa Rican government issued an executive decree. The Costa Rican Institute of Fishing and Aquaculture (Incopesca) and the Ministry of Agriculture and Livestock were given authority over the export of products made from threatened or endangered sharks. However, both government agencies favor the fishing industry over marine conservation, according to Mario Espinoza Mendieta, researcher from the University of Costa Rica and member of the Convention’s scientific council. “This dynamic tips the balance in favor of the production sector,” Espinoza said. Incopesca’s Board of Directors represent various fishing interests across the country—a position that does not always align with the protection and sustainable use of marine resources, according to Espinoza. Recently, Incopesca was questioned because it failed to prosecute shrimping boats that were illegally fishing in protected waters. Shark commerce While exporting shark products is permitted within the regulations established by the Convention, shark finning—the practice of cutting fins and throwing the shark back into the ocean—is illegal in Costa Rica. Considered a delicacy in some Asian countries, shark fins are often valued at upwards of $100 per kilo. Last February, a Costa Rican court issued the first felony criminal sentence for shark finning against a Taiwanese businesswoman who was found in a port with illegally harvested shark fins. Using international law, AIDA and Conservation International worked with Costa Rica’s Public Prosecutor to help resolve the case. A responsible decision The governments of Colombia and Ecuador have developed campaigns to protect hammerhead sharks. But in Costa Rica, Incopesca is responsible for the future of the species and will hopefully take the Scientific Advisory Council’s recommendations into account. Because the hammerhead’s numbers are so low, it may only take one bad decision to cause their extinction. Other species, including the gray shark, are also at risk from the fishing industry. If Costa Rica wants to preserve its natural wealth for the future, it should set an example of preservation by putting principles of sustainability over economic gain.

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