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

laying the foundations for effective national frameworks 2 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 Module 1 laying the foundations for effective national frameworks Module 2 preventing biological invasions preventing biological invasions Module 3 responding to biological invasions responding to biological invasions Module 4 getting results: compliance, enforcement and liability Module 5 legal frameworks for cooperation beyond borders Module 6 1.key issues

laying the foundations for effective national frameworks 3 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

laying the foundations for effective national frameworks 4 key issues to address 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sector, NGOs, institutions lack of public, political and media awareness fragmented legal and institutional frameworks, outdated/inconsistent laws...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 common constraints common constraints

laying the foundations for effective national frameworks 5 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

laying the foundations for effective national frameworks 6 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 1 Political decision

laying the foundations for effective national frameworks 7 Step 2 Gather information and produce draft policy Establish a knowledge base (collect information) Evaluate the knowledge base (analyse information) Recommend necessary changes

laying the foundations for effective national frameworks 8 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

laying the foundations for effective national frameworks 9 International regulatory framework Plant & animal health Biodiversity conservation (CBD, CITES, CMS, Ramsar) Transport & other pathways OIE IPPC & EPPO Ballast Water Convention

laying the foundations for effective national frameworks 10 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

laying the foundations for effective national frameworks 11 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-native Species Secretariat GB Programme Board Stake holder engagement Forum Sounding board Monitoring Existing species Horizon scanning New detections Media & Comms. working group Non-native Risk Analysis Panel Rapid Response Working group

laying the foundations for effective national frameworks 13 Step 3 develop policy framework Policy provides guidance to planners, decision- makers and law-makers Identify policy choices Acceptable risk levels Distribution 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...)

laying the foundations for effective national frameworks 14 Step 4 developing 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

laying the foundations for effective national frameworks 15 what IAS legal and management frameworks need to cover steps to invasion interventions aims examples interventions targeting the steps to invasion prevention stopping introductions quarantine, blacklists, inoculation, trade/import bans, land use restrictions eradication destroying or removing a new invasion physical removal, chemical eradication, biocontrol containment stopping a new invasion from further spreading confinement of the species, phytosanitary controls, border checks management restoration management restoration of established invasions of affected ecosystems of established invasions of affected ecosystems periodic clearance, revegetation/ repopulation with native species, landscape restoration introduction  establishment  naturalisation/spread  invasion introduction  establishment  naturalisation/spread  invasion interventions targeting ecosystem resilience biodiversity conservation; protected areas; sustainable land and resource management; … etc. …

laying the foundations for effective national frameworks 16 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

laying the foundations for effective national frameworks 17 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

laying the foundations for effective national frameworks 18 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

laying the foundations for effective national frameworks 19 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)

laying the foundations for effective national frameworks 20 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

laying the foundations for effective national frameworks 21 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 cross-cutting principles to underpin national legislation

laying the foundations for effective national frameworks 22 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. cross-cutting principles to underpin national legislation

laying the foundations for effective national frameworks 23 assess effectiveness of measures adopted critical to provide rational basis for future development of law and policy Step 5 Monitor and evaluate institutional and regulatory framework

laying the foundations for effective national frameworks 24 thank you