1. Adjunct Professor Rob Fowler, Law school,
8TH IUCN ACADEMY OF ENVIRONMENTAL LAW COLLOQUIUM, GHENT UNIVERSITY, SEPTEMBER, 2010  
BLUE CARBON – THE OVERLOOKED COMPONENT IN LEGAL APPROACHES TO MITIGATION OF CLIMATE CHANGE
Adjunct Professor Rob Fowler, Law school,
University of South Australia

2. OVERVIEW introduction
the role of marine and coastal ecosystems as carbon sinks: capture and storage
comparison of carbon sink capacities of coastal ecosystems to those of terrestrial ecosystems
Other benefits of coastal ecosystems
threats to coastal ecosystems and rates of loss
impact of climate change – an additional threat
policy/legal measures - coastal ecosystems and mitigation

3. INTRODUCTION 3 recent international reports on “blue” carbon:
Blue Carbon (UNEP< FAO & IOC/UNESCO, 2009)
The Management of Natural Coastal Carbon Sinks (Laffoley and Grimsditch, eds., IUCN, 2010)
Natural Solutions (IUCN WCPA, 2010)
“Maintaining or improving the ability of forests and oceans to absorb and bury CO2 is a crucial aspect of climate change mitigation. The contribution of forests in sequestering carbon is well known and is supported by relevant financial mechanisms. In contrast, the critical role of oceans has been overlooked.”
Blue Carbon, Executive Summary.

4. THE ROLE OF MARINE AND COASTAL ECOSYSTEMS AS CARBON SINKS: CAPTURE AND STORAGE
Out of all the biological carbon captured in the world, over half (55%) is captured by marine living organisms (“blue carbon”). UNEP
Oceans constitute the largest long-term sink for carbon – some 93% of the Earth’s stored CO2 (40Tt) is stored and cycled through the oceans. UNEP
Vegetated marine habitats – comprising mangroves, sea-grasses, kelp forests and salt marshes – account for 50-70% of all carbon storage in ocean sediments. UNEP.
They capture and store between Tg C per year (equivalent to almost half of total emissions from the global transport sector). UNEP
Over 20 years, by preventing further loss and degradation of coastal ecosystems, could offset 3-7% of current fossil fuel emissions
Would have the effect of contributing equivalent to at least 10% of the reductions needed to keep CO2 concentrations below 450ppm. UNEP

5. COMPARISON OF CARBON SINK CAPACITIES OF COASTAL ECOSYSTEMS TO THOSE OF TERRESTRIAL ECOSYSTEMS
Coastal marine habitats comprise only 0.05% of the plant biomass on land but store a comparable amount of carbon per year. UNEP
The carbon management potential of coastal marine ecosystems compares favourably with, and in some respects, may exceed the potential of carbon sinks on land. IUCN ES.
The absolute comparative value of the carbon sequestered per unit area may well outweigh the importance of similar processes on land due to the lower potential for the emission of other powerful GHG’s such as methane. IUCN ES
E.g., in salt marshes which probably have a greater value than any other natural ecosystem per molecule of CO2 sequestered (cf., also for mangroves). IUCN ES.

6. COMPARISON OF CARBON SINK CAPACITIES OF COASTAL ECOSYSTEMS TO THOSE OF TERRESTRIAL ECOSYSTEMS
The rate of carbon storage in the sediment by salt marshes, mangroves and seagrasses is approximately 10 times the rate observed in temperate forests and 50 times the rate observed in tropical forests...
The simple implication of this is that the long term sequestration of carbon by 1 Km² of mangrove area is equivalent to that occurring in 50 km² of tropical forest.
The total annual loss of mangroves and seagrasses has the long term carbon sequestration capacity of a tropical forest area similar to the annual deforestation rate in the Amazon ;
The total carbon sequestration capacity lost through mangrove and seagrass clearing is equivalent to the sediment sequestration capacity of a tropical forest area greater than the Amazon forest.
IUCN 49, per Pidgeon, Conservation International.

7. OTHER ECOSYSTEM BENEFITS OF COASTAL ECOSYSTEMS
Filtering water;
Reducing effects of coastal pollution, nutrient loading and sedimentation;
Protecting coast from erosion and buffering the effects of extreme weather events UNEP / natural coastal defences that mitigate erosion and storm action IUCN ES.
Coastal ecosystem services estimated to be worth over US$25,000 billion per year – ranking amongst the most economically valuable of all ecosystems.

8. OTHER NON-ECOSYTEM BENEFITS
To support climate adaptation strategies that reduce the vulnerability of human coastal communities to climate change, e.g., sea level rise. UNEP
“Healthy and productive coastal ecosystems ...have a growing role in mitigating the effects of climate change on coastal communities and economies in the near term”: Manado Declaration, World Ocean Conference IUCN ES.
Generation of economic revenue (e.g., tourism) and improved livelihoods;
Food security of coastal communities in developing countries – coastal waters are just 7% of total oceans area but supply an estimated 50% of the world’s fisheries (provision of nurseries and fisheries), thereby providing nutrition for almost 3 billion people (and 50% of the animal protein and minerals for almost 400 million people) UNEP.

9. THREATS TO COASTAL ECOSYSTEMS AND RATES OF LOSS
Threats include:
unsustainable natural resources use practices- leading to nutrient and sediment runoff from land (with impacts on sea-grasses) – e.g., deforestation, agricultural runoff;
poor watershed management;
inappropriate/unsustainable coastal development – e.g.,
displacement of mangrove forests by urban development and aquaculture;
dredging, filling or drainage that causes sediment-loading, eutrophication and loss of biodiversity
poor waste management (e.g., ocean sewerage outfalls, industrial runoff)
oil spills
over-fishing. (UNEP/IUCN)

10. THREATS TO COASTAL ECOSYSTEMS AND RATES OF LOSS
Rates of loss of coastal marine ecosystems are much higher than any other ecosystem on the planet, in some instances up to four times that of rainforests;
measured currently at 2-7% per annum, a seven-fold increase to only 50 years ago. UNEP
pressures have reduced global range of mangrove forests to less than 50% of the original total cover – originally occupied 75% of the tropical coats worldwide. IUCN 17. Current rate of loss is 118 km² per year.
Two-thirds of the world’s seagrass meadows within inhabited areas have been lost through human activities that lead to eutrophication and siltation. IUCN 23. Reduced by 50% over a period of 15 years (to 2005), Current rate of loss is 110 km² per year.

11. IMPACT OF CLIMATE CHANGE – AN ADDITIONAL THREAT
Climate driven changes in the frequency and intensity of storms are likely to have one of the largest impacts on the production and storage of kelp carbon as disturbance from waves is one of the main factors affecting the standing crops of kelps. IUCN 34-5.
According to the Status of Coral Reefs of the World: 2008, we have lost 19% of the original area of coral reefs since 1950, 15% of coral reefs are in a critical state with loss possible in the next 10 to 20 years, and a further 20% are seriously threatened with loss predicted within years. IUCN 39

12. POLICY/LEGAL MEASURES - COASTAL ECOSYSTEMS AND MITIGATION
Problem of scientific uncertainty re sequestration capacity of coastal marine ecosystems –relevance of the precautionary principle
Chapter Outline of the Working Group III Contribution to the IPCC 5th Assessment Report (AR5) - no reference to coastal marine ecosystems
International and national measures

13. POLICY/LEGAL MEASURES - INTERNATIONAL
Carbon accounting measures (under UNFCCC and Kyoto Protocol)
GHG emissions that occur as a result of the [inadequate] management of coastal and marine habitats are not being accounted for in international climate change mechanisms (ie, UNFCCC, Kyoto, CDM, etc.).
Thus, countries are underestimating their anthropogenic emissions and also any carbon savings from measures to protect and restore coastal marine habitats do not count towards meeting international and national climate change commitments (IUCN ES).
Australian Government, Department of Climate Change, Australia’s Fifth National Communication on Climate Change, 2009
Bonn Climate Talks(2-6 August 2010) – re LULUCF – ignore coastal marine ecosystems

14. POLICY/LEGAL MEASURES - INTERNATIONAL
I REDD + : extension to coastal ecosystems 
Carbon revenue schemes could take the marine equivalent of the REDD scheme on land to safeguard these critical coastal carbon sinks. Don’t just think REDD, think coastal too! (IUCN ES).
II Carbon credits : including for coastal ecosystem rehabilitation under the flexible mechanisms (JI, CDM and carbon markets)
a precursor to inclusion of coastal marine sinks in mechanisms such as the CDM is the recognition of such sinks in the accounting and reporting measures developed under the UNFCC and KP, therefore these are not options at present

15. POLICY/LEGAL MEASURES - NATIONAL
Protected areas: MPA’s and spatial marine planning
Integrated coastal management (ICM) – buffer zones and better regulation of coastal development
Other – ecosystem rehabilitation etc.
“Restoration of tidal salt marshes is an excellent way to increase the world’s natural carbon sinks. Returning the tides to drained agricultural marsh can make a significant increase in the salt marsh carbon sink” e.g., UK “managed realignment program” to shift embankments inland and restore flooding of agricultural marshes. IUCN, 10.
But query re the incentives to do so, if the resultant carbon benefits are not recognised under international carbon accounting rules

16. CONCLUSIONS – THE SCIENCE
Emerging scientific data on the significance of coastal marine ecosystems (salt marshes, mangroves, seagrasses and kelp forests) as carbon sinks indicates that the protection of such ecosystems would provide an important contribution to global mitigation strategies;
However, there is an urgent need for additional scientific research in this context to fill significant gaps in relation to the actual levels of capture and storage of carbon in these sinks and also with respect to methods for the rehabilitation of damaged or destroyed coastal marine ecosystems (particularly seagrasses)
Attempts by marine scientists to promote the relative benefits of coastal marine ecosystems as carbon sinks, compared to tropical and temperate forests, obfuscate their ultimate capacity and risk future criticism on the same lines as some elements of the IPCC’s 4AR
Nevertheless, the threats to coastal marine ecosystems are significant and immediate, and given both the climate–related and other substantial ecosystem services provided by them, warrant policy and legal responses at both the international and national levels, in accordance with the precautionary principle

17. CONCLUSIONS – LAW AND POLICY
At the international level, climate mitigation strategies at present do not take into account coastal marine sinks; these are the “overlooked” element of LULUCF-related measures, which have a focus exclusively on the terrestrial environment (forests and soils, in particular) ;
A fundamental problem is that current accounting and reporting rules under the UNFCCC and KP do not allow for the inclusion of coastal marine ecosystems, so that emissions from these sources are not included in national inventories or reports;
A further consequence is that mitigation schemes such as the CDM and REDD are not able to extend to activities such as the protection or rehabilitation of coastal marine ecosystems;
It may be necessary to improve scientific understanding of the carbon sequestration capacity of these coastal marine sinks before they can be included in carbon accounts and hence be considered for inclusion within relevant mitigation strategies

18. CONCLUSIONS – LAW AND POLICY
In the absence of relevant, climate-related measures at the international level, there is currently no requirement or market-based incentive to develop appropriate protective measures for coastal marine ecosystems at the national level;
However, the other ecosystem services provided by coastal marine ecosystems, coupled with their likely carbon sequestration capacities, provide strong grounds for precautionary action by national governments anyway;
Such precautionary action should include marine spatial planning; development of marine protected areas: area-based fisheries management: integrated coastal management that includes better control of coastal development and the provision of buffer zones where possible; and the promotion of the rehabilitation of degraded or destroyed coastal marine ecosystems.

19. IN SHORT...
It is now a matter of great urgency to take action to conserve, protect and restore the Earth’s extremely valuable coastal marine ecosystems, and in particular to avoid devoting disproportionate efforts to terrestrial ecosystems at the expense of their coastal marine counterparts. (Fowler, 2010!)