Module 2: laying the foundations for effective national frameworks Developing legal and institutional frameworks for invasive alien species

Module 2:

laying the foundations for effective national frameworks

Developing legal and institutional frameworks

for invasive alien species

laying the foundations for effective national frameworks2

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, cross-cutting principles)

what decision-makers need to know about invasive

species

what decision-makers need to know about invasive

species Module 1Module 1

laying the foundations for effective national frameworks

laying the foundations for effective national frameworksModule 2Module 2

preventing biological invasions

preventing biological invasions Module 3Module 3

responding to biological invasions

responding to biological invasions Module 4Module 4

getting results: compliance, enforcement and liability

getting results: compliance, enforcement and liability Module 5Module 5

legal frameworks for cooperation beyond borders

legal frameworks for cooperation beyond borders Module 6Module 6


role of legal frameworks

• provide a regulatory mechanism for defining long-term 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


key issues to address

stakeholder involvement

stakeholder involvement

concerned sectors(environment, agriculture, border control/quarantine,

water, fisheries, trade, transport...

+local government, private sector, NGOs, institutions

lack of public, political and media awareness

fragmented legal and institutional frameworks,

outdated/inconsistent laws...

gaps in coverage and terminology, poor

compliance

commonconstraints

commonconstraints


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

Step 1.

Political decision


Reasons for possible resistance...

• Lack of awareness • Conflicts of interest• Competing priorities • Conflicts/gaps in policy• Lack of coordination• Fears about cost

Procambarus clarkii

Step 1Political decision


Step 2Gather information and produce draft policy

Establish a knowledge base(collect information)

Evaluate the knowledge base(analyse information)

Recommendnecessarychanges


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


International regulatory framework

Plant & animal health

Biodiversity conservation

(CBD, CITES, CMS, Ramsar)

Transport & other pathways

OIEOIE IPPCIPPC& EPPO& EPPO

Ballast WaterBallast WaterConventionConvention


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


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

example of a cross-sectoral mechanism for IAS coordination

Non-nativeSpecies Secretariat

GB Programme Board

Stake holder engagement

Forum Soundingboard

MonitoringExistingspecies

Horizonscanning

Newdetections

Media & Comms.working group

Non-native RiskAnalysis Panel

Rapid Response Working group


Step 3develop policy framework

Policy provides guidance to planners, decision-makers and law-makers

Identify policy choicesAcceptable risk levelsDistribution 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...)


Step 4developing 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


what IAS legal and management frameworks need to cover

steps to invasionsteps to invasion interventionsinterventions aimsaims examplesexamples

interventions targeting the steps to invasioninterventions targeting the steps to invasion

preventionprevention stopping introductionsstopping introductions quarantine, blacklists, inoculation, trade/import bans, land use restrictions

quarantine, blacklists, inoculation, trade/import bans, land use restrictions

eradicationeradication destroying or removing a new invasion

destroying or removing a new invasion

physical removal, chemical eradication, biocontrol

physical removal, chemical eradication, biocontrol

containmentcontainment stopping a new invasion from further spreading

stopping a new invasion from further spreading

confinement of the species, phytosanitary controls, border checks

confinement of the species, phytosanitary controls, border checks

management

restoration

management

restorationof established invasions

of affected ecosystems

of established invasions

of affected ecosystemsperiodic clearance, revegetation/ repopulation with native species, landscape restoration

periodic clearance, revegetation/ repopulation with native species, landscape restoration

introduction

establishment

naturalisation/spread

invasion

introduction

establishment

naturalisation/spread

invasion

interventions targeting ecosystem resilience interventions targeting ecosystem resilience

biodiversity conservation; protected areas; sustainable land and resource management; … etc. … biodiversity conservation; protected areas; sustainable land and resource management; … etc. …


What kind of legislation is most suitable for your country?

no “one size fits all” approach

specific and comprehensive IAS law

core framework legislation

separate sectoral laws consistent with agreed approaches


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


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 micro-organisms

• needs to cover in-country introductions as well as imports;

• consistency between relevant laws is essential


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)


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 cost-effective 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


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



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.



• assess effectiveness of measures adopted

• critical to provide rational basis for future development of law and policy

Step 5Monitor and evaluate institutional and regulatory framework


thank youthank you

Documents

Module 2: laying the foundations for effective national frameworks Developing legal and institutional frameworks for invasive alien species