3. Related Cases: Green Turtle loss in Gulf region

1. The Issue:
One of the most endangered species in the world today is thegreen turtle that inhabits the Persian Gulf and the Indian Ocean. Although universally acknowledged as an endangered species, thegreen turtle is only now beginning to be granted the protectionthat it must have in order to avoid extinction. The dangers thatthe green turtle faces are numerous. Many of the dangers arenatural, such as predators. The gravest threats to the greenturtles, however, are man made. One of these threats is oilspills, which was highlighted by the massive dumping of Kuwait'soil into the Persian Gulf by Iraq in 1991 during the Gulf War. More pertinent to this case, however, is the continued capture andsale of these rare turtles. Nowhere is this more evident than inthe Persian Gulf nation of Qatar.2. Description Like other Persian Gulf states, Qatar acknowledges the greenturtle is an endangered species. One Qatari law prohibits thecapturing of green turtles and the gathering of turtle eggs. Despite this law, the sale of green turtles occurs quite frequentlyat the Doha fish market in Qatar. This is because the greenturtle's meat is edible and among the Qatar people there is abelief that eating the meat of the turtle makes them strong andvirile. Not only are turtles sold by fisherman in Doha, but inareas that are not protected the turtles are still slaughtered fortheir meat. The same people also collect green turtle eggs and eatthem. The problem is exacerbated by the fact that fishermen fromseveral countries seek the turtle in a variety of internationaljurisdictions. For example, many of the green turtles caught byQatari fisherman are captured in the Persian Gulf, an internationalwaterway. According to an informed Omani source, Qatari fishermanalso fish in the territorial waters of Saudi Arabia, Oman, theUnited Arab Emirates and Bahrain. Iran also makes claims on someislands in the Persian Gulf and is building up militarycapabilities on others under its jurisdiction. A second dilemma the turtles face is from fishing nets. Whena turtle is caught in a fisherman's net, rather than being releasedby the fisherman, it will usually end up being sold at the market. The green turtle is also frequently caught in shrimp trawls. Khalid al-Mulla, director of the Qatar National Museum, attributedthese actions to "uneducated people who do not know theimplications of their actions". The dangers caused by fishing nets are more than just theincidental capture. For generations fisherman have laid their netsout on the beach to dry. Frequently these nets will be left outfor long periods of time. Green turtles, especially young ones whoare hatched on the beach, tend to crawl into these outstretchednets and get entangled. The turtles then die under the heat of thesun. The threat of extinction is real. Female turtles leave thesea only about once every three or four years to lay eggs. Of the3,000 eggs a female will produce during this period, estimates arethat only one will survive to maturity. The rest will fall victimto natural occurrences and predators and, of course, to humans. Although information on the green turtle is very incomplete,scientists estimate a female turtle will reproduce from the age ofaround 30-40 up until 70-100. The female will also return to thebeach where she was born to lay her eggs. The news is not all grim. Steps have been taken by some Gulfstates, especially Saudi Arabia, to protect and preserve the greenturtle. The Saudi NCWCD (National Commission for WildlifeConservation and Development) has been working with the EU(European Union) to establish protected wildlife sanctuaries in thePersian Gulf not just for the green turtle but for many species ofbirds as well. The Saudis have declared several uninhabitedislands as sanctuaries including Ganah, Karan, Jurayt, Kurayn andHarqus. Other conservation efforts include tagging turtles tomonitor their life cycles and behaviors. They are also workingwith the other Gulf states (including Qatar) through the GCC (GulfCooperation Council) to set up a database to coordinateconservation information and activities. Unfortunately, Qatar is woefully negligent in itsconservationactivities. Its laws against the capture and sale of greenturtles, as well as restrictions against leaving nets out to dry,are seldom enforced. The secretary general of Qatar's EnvironmentProtection Committee (EPC), Abdulaziz al-Midfa, however, has calledfor enforcement of Qatar's environmental laws. He has asked thepublic to report violators and also admits that the EPC is stilltrying to create safe zones for endangered species. 3. Related Cases Keyword Clusters (1): Trade Product = MEAT (2): Bio-geography = OCEAN (3): Environmental Problem = Species Loss Sea [SPLS]4. Draft Author: Michael PoalettaB. LEGAL Clusters5. Discourse and Status: AGRee and INPROGress6. Forum and Scope: QATAR and UNILATeral Qatar must be mindful of trans-border problems in sharing thePersian Gulf's resources, such as turtles, with other countries ofthe Persian Gulf.7. Decision Breadth: 1 (Qatar)8. Legal Standing: LAW There are laws in all the related countries concernedprotecting the green turtles.C. GEOGRAPHIC Clusters9. Geographic Locations a. Geographic Domain : MIDEAST b. Geographic Site : Persian Gulf [PGULF] c. Geographic Impact : QATAR10. Sub-National Factors: NO11. Type of Habitat: OCEAND. TRADE Clusters12. Type of Measure: Regulatory Standard [REGSTD] The proposed rules would create an outright ban on thecaptureand sale of green turtles as well as a ban on leaving nets onbeaches to dry. As previously stated, most states acknowledge thegreen turtle as an endangered species and even Qatar has lawsprotecting the turtles. However, implementation of safe habitats,as well as enforcing existing laws, is the key.13. Direct vs. Indirect Impacts: INDirect14. Relation of Measure to Environmental Impact a. Directly Related : YES TURTLE b. Indirectly Related : NO c. Not Related : NO d. Process Related : YES Species Loss Sea [SPLS] Turtles are in danger in many of the world's oceans and seas(see HAWKSBIL and SHRIMP cases).15. Trade Product Identification: MEAT16. Economic Data17. Impact of Measure on Trade Competitiveness: HIGH18. Industry Sector: FOOD19. Exporter and Importer: QATAR and MANYE. ENVIRONMENT Clusters20. Environmental Problem Type: Species Loss Sea [SPLS]21. Name, Type, and Diversity of Species Name: Green Turtle Type: Animal/Vertibrate/Reptile Diversity: NA22. Impact and Effect: HIGH and SCALE The Green turtle will become extinct without protection.23. Urgency and Lifetime: LONG and 100 years The lack of scientific data makes a truly accurate predictionof the turtle's lifespan impossible. The animal spends nearly itsentire life in the water. Male green turtles never leave the oceanfor the land and females only go ashore to lay eggs. Scientistsestimate that females can reproduce up until they are 100 years oldso the average turtle lifespan is significantly longer than 100years. Research into the turtle's reproductive habits and theturtles life cycles has begun in the Gulf.24. Substitutes: LIKE products VI. OTHER Factors25. Culture: YES The hunting of turtles has been around for probably more thana millennia and holds a special place in some cultures. The eatingof eggs is said to improve one's health in many ways and is highlysought for these medicinal properties (see RHINO case). Some contend that Sharia law permitthe taking of the turtle, contrary to government law. Islamiclegal authorities in Qatar note that man is permitted to usenature's resources as long as he does not abuse them and returnsthem to future generations in unimpaired condition. Such nebulousand unenlightened statements from Islamic legal authorities do notbenefit the green turtle, which still stands on the brink ofextinction.26. Trans-Border: YES The problem is trans-border because the domain of the turtlecrosses into waters shared by other countries of the Persian Gulf.27. Rights: NO28. Relevant Literature"EC to Fund Wildlife Sanctuary in Jubail." Saudi Gazette (July 6, 1993)."Green Turtles in Oman -- An Endangered Species." Times of Oman (July 4, 1993)."Gulf Oil Spill: Life Creeps Back." Saudi Gazette (November 2, 1992)."Gulf Sea Turtles, Dugongs Face Threat." Gulf Times (January 30, 1992)."Marine Habitat and Wildlife Sanctuary for Gulf Region." Rapid (May 7, 1993)."Meeting Recommends New Gulf Environmental Protection," Arab News (November 18, 1992).National Research Council on the Conservation of Sea Turtles. Decline of the Sea Turtles: Causes and Prevention. Washington, D.C.: National Academy Press, 1990."Saudi Arabia Starts Research on Sea Turtles." Reuters (May 31, 1986)."Saudi Protects Gulf's Turtles." Arab News (November 9, 1991)."Saudi Wildlife Commission plans protected Marine Areas." Riyadh Daily (October 23, 1991)."Turtles Face Breeding Catastrophe as Gulf Oil Slick cuts off Nesting Sites." Sunday Times (February 17, 1991)."Work Starts on Phase Two of EC Backed Wildlife Sanctuary North of Jubail." Middle East Economic Digest (May 15, 1992).