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Coral Countries: The Mesoamerican Reef Initiaitive

Greg Boylan, UF Law; Tracey Holmes, Norman Manley Law School, Jamaica; Sharon Pitts, Belize; Jeanette De Noack, Guatemala; Alejandro Reyes Huerta, Mexico; Patricio Martín, Mexico

The Mesoamerican Reef, off the coast of Mexico , Belize , Guatemala , and Honduras , is the World's second larger coral reef complex, and the largest in the Western Hemisphere . It is also a “shared resource” under emerging international law. Recently, the Belizean portion was declared a United Nations' UNESCO World Heritage Site. In addition the four reef nations recently signed the “ Tulum Declaration,” a presidential level cooperation agreement designed to ensure the reef's survival. However, there is concern that the entire reef may be in jeopardy due to various factors. Two of the most significant factors affecting the reef are over-fishing and global climate change, which many scientists believe may be a factor in coral die offs such as the massive 1998 coral bleaching event associated with the global weather phenomenon of El Niño.

The non-governmental organization Environmental Law Alliance Worldwide (E-LAW) asked the Conservation Clinic to examine the different threats to the reef and present our findings to E-LAW members, Costa Rican biologists, U.F. professors, and our fellow students. E-LAW supported the participation of Guatemalan lawyer Jeanette De Noack, Belizean lawyer Sharon Pitts and Mexican lawyers Alejandro Reyes Huerta and Patricio Martin. UF law student Greg Boylan and Jamaican law student Tracey Holmes assisted these lawyers. The Clinic team chose to examine the feasibility of declaring the Belizean portion of the reef an “endangered site” under World Heritage Convention guidelines and undertake a comparative analysis of fishing laws among the reef countries. Consultations with a prominent University of Costa Rica reef biologist, and a field trip to the Costa Rica National Aquarium in Puntarenas, assisted the Clinic in understanding technical issues associated with the project.

The Clinic concluded that a Belizean non-governmental entity can petition UNESCO to list a site on its endangered list, and that there is substantial scientific literature describing the link between climate change and coral bleaching. In order to submit a petition, the documentation of these impacts specifically in Belize should be further developed and a non-governmental entity must be willing to prepare and submit the petition. Using the United Nations Food and Agricultural Organization's Code of Responsible Fishing Conduct as a basis, the Clinic also prepared a comparative analysis of fishing laws in the four reef countries. The Clinic found widespread disparity between the fishing legislation of these countries and that some fishing laws dated to the middle of the last century. As a shared resource, the reef would benefit from harmonized fishing regulation based on contemporary science, and expanded “no-take zones,” where all fishing is prohibited in order to provide for fisheries recruitment. Enforcement of those laws that exist remains a chronic problem.

Resources:

Literature Review of Climate Change and Coral Reef Impacts

A Coral Reef Bibliography

A Comparative Analysis of Fishing Laws on the Mesoamerican Reef (forthcoming)  

Greg Boylan's Description of his Clinic Experience

 
 
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