Bibliography Record
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Oppenheimer, Kathleen D.; BenDor, Todd K.
(detail)
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2012 |
A comprehensive solution to the biofouling problem for the endangered Florida manatee and other species.
Environmental Law 42(2):415-467. Spring 2012.
–ABSTRACT: Biofouling is the undesirable accumulation of microorganisms, plants, algae, arthropods, or mollusks on a surface, such as a ship's hull, when it is in contact with water for a period of time. Biofouling and its traditional remedies pose serious environmental consequences, including 1) the transportation of nonindigenous aquatic species that can outcompete with native species for space and resources, thereby reducing biodiversity and threatening the viability of fisheries or aquaculture, 2) the accumulation of zinc- or copper-based toxins that can harm mollusk and marine mammal populations, and 3) the increase in weight, decrease in flexibility and mobility, and topical damage of marine mammals hosting biofouling organisms. There are a number of existing legal mechanisms that address biofouling under international law. However, due to the complexity of biofouling, we argue that existing mechanisms are inadequate for comprehensively regulating the problem, leaving aquatic species susceptible to numerous negative effects from biofouling. Specifically, the existing mechanisms fail to recognize the optimal factors for biofouling development and adhesion, make recommendations to manage biofouling through design standards for marinas and harbors, provide standards for biofouling removal, or detail measures to treat high-risk vessels. To address these inadequacies, we recommend biofouling also be mitigated under the federal Endangered Species Act (ESA). First, we consider the Florida manatee (Trichechus manatus latirostris) as a case study species, and suggest that Florida's Resource Conservation and Development (RC&D) areas develop a Safe Harbor umbrella agreement under section 10 of the ESA to create a new generation of ecological harbors that are safe from the dangers of biofouling. The agreement would include a Habitat Conservation Plan (HCP) that incorporates a combination of behavioral and infrastructural biofouling mitigation techniques to be applied regionally across estuary, freshwater, and saltwater ecosystems. Second, we suggest that both public and private owners of existing, proposed, and expanding marina developments be encouraged to voluntarily sign Safe Harbor Agreements under the RC&D areas' umbrella agreement to avoid owners having to navigate the long and strenuous process of obtaining individual HCPs. The comprehensive biofouling management strategy proposed as a model here would require RCD areas to carry out a range of biofouling best management practices that would protect species and the habitats on which they depend from the adverse effects of biofouling. It would also encourage public and private landowners to follow suit, while maintaining efficiency and rewarding participating landowners for voluntarily implementing additional species conservation practices. In addition, there are several implications for the urban planning processes surrounding marina construction and expansion. If implemented, urban planners and land use attorneys will be expected to proactively lead interdisciplinary collaborations between developers, engineers, biologists, and municipal and state representatives during the marina site selection phase to an unprecedented degree. Planners and land use attorneys will then bring together information obtained from all parties to determine which site is the most economically, biologically, legally, and structurally feasible for the client, and has the greatest potential to minimize the negative effects of biofouling on surrounding ecosystems.
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Related Index Records (3)
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Conservation
(SEE ALSO: Accidental Death or Injury; Economic Uses; Hunting and Capture; Weed Control)
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2012 |
Oppenheimer & BenDor (TML; management of biofouling) |
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Parasitology
(SEE ALSO: Bacteriology; Community Ecology; Parasites)
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2012 |
Oppenheimer & BenDor (TML; management of biofouling) |
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Trichechus manatus latirostris (Harlan, 1824) Hatt, 1934
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2012 |
Oppenheimer & BenDor (management of biofouling) |
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