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APPENDIX 1. Expanded Discussion of Specific Institutional Gaps
Several gaps in governance were identified for each jurisdiction. Eelgrass
and climate change consistently emerge as components lacking acknowledgement in
law and regulation. While 14 sections (four divisions) in Washington law used
for this analysis refer to eelgrass, only two sections (derived from the same
source document) in Oregon law and one section in California law refer to this
component. No reference to the scientific name (Zostera spp.) exists in
any law utilized for the analysis. U.S. federal law contains no reference to
eelgrass; invariably all eelgrass links in the ecosystem are the subject of gaps
at the national level of management. Especially on the federal level, this lack
of emphasis on eelgrass may not reveal a problem, but rather this species and
its linkages may be covered with broader terms in law, such as through the
protection of marine resources in the California Coastal Act and
critical habitat under various federal statutes. However, it may be
notable that according to ecology literature and management plans that eelgrass
has been heavily degraded in the past century as a result of inadequate
protection (Short and Neckles 1999, Duffy 2006, Orth
et al. 2006).
Beyond the recognition of eelgrass-related linkages in an estuarine system,
a number of significant gaps in management emerged. California, Oregon, and the
U.S. do not have any section of law referring to both the estuary and seabird
components, an omission that ignores the well established dependency of seabirds
on estuaries for refuge (Litle et al. 2000, Parrish
et al. 2003).
While it is an issue of concern for many managers and scientists, it is not
a surprise that no section of the law collection analyzed accounts for the
relationships between climate change and seabirds, salmon, and estuaries.
Climate change scientifically has received worldwide attention for its predicted
and ongoing impacts on ecosystems, however, until recently, the United States
government has failed to account for or even to recognize that such a
human-driven global trend exists. On one hand, we were surprised to find the
absence of explicit reference to a pesticide and estuary linkage in the State of
Washington law since this has become a widely accepted relationship in policy. A
high number of sections deal explicitly with the two components but separately
(pesticide 84, estuary 76). This demonstrates significant management
responsibility, indicating that the gap in the form of a lack of legal treatment
jointly of pesticide and estuary might be contributing to the environmental
degradation of Washington estuaries. On the other hand, federal level law may in
fact cover this linkage; indeed seven sections of U.S. federal law contain both
components. However, if this linkage were the sole responsibility of national
law and federal agencies, then it would not also appear in Oregon and California
analysis. Alternatively, the gap may be misleading because synonymous terms
representative of the two components were not used in the text analysis. For
example, the name of a specific pesticide or the general term pollution
could be queried to find if it occurs in any sections of law with the keyword
estuary, or a query could be done on like-terms, such as bay,
brackish water, inlet, tidal marsh, or river mouth.
All these possibilities can be explored using the next iteration of the
technique and are presented here to show the range of complexity the method
needs to accommodate.
LITERATURE
CITED
Duffy, J. E. 2006. Biodiversity and the functioning of seagrass
ecosystems. Marine Ecology Progress Series 311:233–250. [online]
URL:
http://www.int-res.com/articles/theme/m311_TS.pdf#page=59.
Litle, K., S. Breslow, and J. K. Parrish. 2000. Pacific Northwest coastal ecosystems regional study (PNCERS) 2000 report. Submitted to Coastal Ocean Programs, NOAA. Orth, R. J., T. J. B. Carruthers, W. C. Dennison, C. M. Duarte, J. W. Fourqurean, K. L. Heck, A. R. Hughes, G. A. Kendrick, W. J. Kenworthy, S. Olyarnik, F. T. Short, M. Waycott, and S. L. Williams. 2006. A global crisis for seagrass ecosystems. BioScience 56:987–996. [online] URL: http://www.bioone.org/archive/0006-3568/56/12/pdf/i0006-3568-56-12-987.pdf. Parrish, J., R. Bailey, A. E. Copping, and J. E. Stein. 2003. The Pacific Northwest coastal ecosystems regional study. Estuaries 26:991–993. Short, F. T., and H. A. Neckles. 1999. The effects of global climate change on seagrasses. Aquatic Botany 63:169–196. |