Roles for a Precautionary Approach in Marine Resources Management

Abstract

Given the convincing evidence that past management strategies have failed to result in the maintenance of strong, healthy, sustainable marine ecosystems, a creditable response by policymakers and resource managers be to adopt a precautionary approach to scientific uncertainty. This paper illustrates how a precautionary approach can be implemented by placing the burden of proof on those who seek regulatory approval to initiate or continue a marine resource use. Implementation of precaution is thereby linked to the burden of proof concept familiar to the legal and regulatory systems of most developed and many developing nations. Decisions are consciously steered toward a regulatory disapproval pending resolution of important scientific uncertainties. Public ownership of most marine resources supports such a thoughtful, go-slow precautionary approach to marine resource use that reflects the latest scientific thinking. A precautionary approach helps preserve marine resources for future generations. Thus, more extensive use of precaution in marine resource management decisions supports the goal of sustainability. In order to achieve this goal, legislators should provide clear mandates to utilize precaution. Resource managers, in turn, can use a precautionary approach whenever it is not specifically precluded by legislation. The challenge of achieving sustainable use of marine resources transcends the boundaries of the United States but, as a global leader in many venues, the United States adoption of the precautionary approach in federal and state marine resources management would provide an important example for other nations.