The daily mammal

The Daily Mammal expresses a dream of New Mexico-based artist Jennifer Rae Atkins "to [try to] draw [close to] every mammal on earth." Jennifer has set out a goal of drawing one mammal each day. "Since there are about 5,000 named mammal species, give or take, it should take [her] about 14 years to meet this goal."

The illustration atop this post accompanies Jennifer's entry on the sea otter (Enhydra lutris):

Sea otters, which live in the coastal waters of the Pacific Ocean and Bering Sea, have the thickest fur of any mammal. That's because unlike other aquatic mammals, sea otters don't have blubber and rely on their fur to insulate them. They spend most of their time on their backs.

That thick fur coat spurred the practice of hunting sea otters to the point of their extirpation from much of their historic range. Removing a predator such as the sea otter can have dramatic impacts on the population of other organisms. Sea otters consume sea urchins, and urchins eat kelp. Removing otters has cascading effects. The devastation of Pacific kelp bed communities in the wake of the sea otter trade provided a vivid illustration of keystone species concept. Nearly four decades later — an eternity in contemporary science — the original article documenting the relationship between sea otter populations and kelp beds, J.A. Estes & J.F. Palmisano, Sea Otters: Their Role in Structuring Nearshore Communities, 185 Science 1058 (1974), remains a classic.

Almost Alive

Dr. Craig Venter does not simply push the envelope of biology: he recreates it. His research group, The Institute for Genetic Research ("TIGR"), was first to sequence an entire genome, that of Haemophilus influenzae (the infectious eubacterium that causes influenza). Venter created a company, Celera, whose mission was to best the Human Genome Project - the combined research efforts of hundreds of biologists, in dozens of countries, working for decades, and backed by billions of governmental dollars - by being the first to sequence a complete human genome. By many accounts, Venter won the race to a first draft of the human genome. He has since published his own complete diploid genome. Now, when not busy discovering myriad new taxa of microorganisms with every dip of his bucket into the world's oceans, aboard the Sorcerer II, Venter is attempting to create a living organism from scratch. Last year, his researchers transformed Mycoplasma capricolum into another taxon, Mycoplasma mycoides, by swapping genomes. Now, Venter and company have announced their synthesis of an entire genome - that of Mycoplasma genitalium - of more than half a million nucleotide base-pairs in size. The next step will be to turn this genome "on", thus creating from chemical spare parts what some might call "life".

Theoretical discussion of synthetic life is all the rage in biology these days. As he has done so often before, Craig Venter is busy making theory reality. Doubtless some environmental groups will push to have brand new genetically original organisms ("GOOs"?) regulated (or banned), some religious groups will fret about Venter trying to play God, and patent scholars will debate whether synthetic genes, genomes, and organisms should be considered more or less patentable. Meanwhile, the regular drumbeat of startling announcements from Venter's latest research vehicle, the J. Craig Venter Institute ("JCVI"), will likely continue to challenge and wrong-foot governments, regulators, and worried citizens, while feeding the imaginations of everyone who ponders what exactly life is, and whether or not it transcends the biochemical machine Venter seems determined to create.

Mercury and fish

The New York Times reported yesterday that tuna served in Manhattan restaurants as sushi contained unacceptably high levels of mercury. Mercury is a neurotoxin that can cause mental retardation, cerebral palsy, deafness, blindness and motor impairments. And, mercury bioaccumulates. That means that top level predator fish like tuna (and salmon and swordfish) are likely to contain high levels of the stuff. Folks who eat lots of fish are likely to have high mercury levels.

Although the NYT report is alarming, it really ought not be a surprise. Humans pump thousands of tons of mercury into the air every year, what do we expect to happen? But it does pose something of a dilemma for the public. On the one hand, we are repeatedly advised of the health benefits of eating fish. On the other, EPA warns pregnant women to limit their consumption of certain fish, including tuna, because high levels of mercury contamination pose risks of irreversible harm to the developing fetus. Consumer advocates have been unsuccessful in their attempts to require warning labels about mercury contamination in tuna fish.

As of 2006, 48 states, 1 territory and 2 tribes have issued warnings about mercury contamination of fish in rivers, lakes or coastal waters. In total, almost four thousand fish consumption advisories have been issued nationwide-- covering 38% of the Nation's total lake acreage, 26% of the nation's total river miles. The number of advisories, though startling, does not convey the full scale of the problem. Twenty-two states and the District of Columbia reported that 100% of their lake acres and river miles were under advisory for one or more contaminants!!

As a result of this widespread contamination, people are at risk. A 2003 CDC study found that one in 12 American women of childbearing age had blood mercury above the levels EPA considers safe. That puts hundreds of thousands of newborns at risk for neurological damage each year.

You can calculate your personal mercury exposure here.

All the more reason to oppose mercury emissions trading and to intensify the search for alternatives to fossil fuels!!

Top Ten Insights Into Biodiversity Law

To conclude their guest contributions to BioLaw, my KU Biodiversity Law class has come up with a top ten list of insights into biodiversity law that they learned during the class in the Virgin Islands. In no particular order, here they are:

(1) The greatest threats to biodiversity are habitat loss, invasive species, pollution, (over)population, and overexploitation.

(2) Unenforced laws are not worth the paper they are printed on.

(3) Human impact on our planet is the product of population, affluence, and technological efficiency.

(4) Externalities and lack of reliable information may lead to market failures that may, in turn, lead to inefficiently destructive (and often irrational) human behavior towards biodiversity.

(5) In the public policy arena, whenever possible, it is important to show the financial impact that biodiversity loss will cause.

(6) Ambiguities in science, as well as the law, make it difficult, if not impossible, to define the term “species.” It is equally difficult to define the term “ecosystem.” Yet, many laws, both domestic and international, depend on these units of biodiversity.

(7) Public support appears essential to biodiversity protection.

(8) Choosing a charismatic "umbrella species" is likely helpful in garnering public support for biodiversity protection.

(9) The baseline biodiversity condition at which many would like to remain varies depending which biologists one consults.

(10) International law and international cooperation are essential for establishing and implementing sound, effective, and lasting biodiversity protection initiatives.

Obviously, there are many other possible insights into biodiversity law. However, this set is satisfyingly diverse and substantive.

Viva biodiversity!

From Virgin Islands To Experienced Biodiversity Law Students

As my KU Biodiversity Law class draws to an end, here is my students' last dispatch from those pearls of biodiversity, the Virgin Islands:

We began our day at Botany Bay. A biologist discussed the progression of the development plans of the west side of Saint Thomas. Initially, the plan called for massive construction of over 340 houses, condos, and town-homes, which would have covered (and devastated) all of Botany Bay. Concern by local biologists and residents prompted a change in the plan for less density development. The current plan, which is still subject to change, calls for about 30 residences and a hotel, all voluntarily encumbered by strong conservation easements.

Next, we snorkeled through Mermaid's Chair Bay, observing its marine biodiversity again. On this snorkel we witnessed most of the same taxa we observed on the previous dive, except we noticed larger fish and more diversity, including a shark, a barracuda, and a moray eel. This discrepancy could be from a number of factors, including time of day, time lapse between the last storm, illegal net fishing, or our increased experience in the water.

In the afternoon we were afforded the privilege of traveling to a remote island with a distinguished diving professor from the University of the Virgin Islands UVI to snorkel further. Upon entering the water we immediately noticed the diversity was greater than any other area we observed on our visit to the Virgin Islands. A small sample of the ocean life we encountered includes the puffer fish, flounder, shark (the professor did not get a good look and told us it was either a Nurse or Lemon Shark), and sea turtle. We also noticed not only more coral, but that the coral there is substantially larger. This appears to allow many types of fish (and other organisms) to swim and reside there. We returned to shore reluctantly, realizing that the next significant activity would be an early morning flight back to KU.

We all sincerely hope that biodiversity law can help to preserve the richness of nature present both above and below the waves in the Virgin Islands.

Bats, Snakes, And Legal Ladders

As my KU Biodiversity Law students enter the final stretch of the class, they learned an impressive amount about law and biological diversity today. Here is their report:

Today was one of the longest but most interesting days we had. In the morning we traveled to the East side of the island to visit a biologist at the VI Department of Fish and Wildlife. We learned more about the troubles facing the Virgin Islands Tree Bo, and also a great deal about invasive species. Although there are laws against the introduction (or facilitating the introduction) of invasive species, enforcement of these laws has been difficult for a number of reasons, including apathy, lack of funding, and lack of knowledge or awareness.

After our discussion, we finally got a chance to see the VI Tree Boa that we had heard so much about. We were grateful that our host allowed the snake to secrete its defense mechanism all over her before she passed it to us. For most of us, it was the first time that we had ever had direct contact with an endangered species, and to behold such a beautiful, friendly, and rare animal was a truly special experience. Just before we left, we saw an example of one of the largest invasive species found on the island: a boa constrictor that was almost certainly purchased in a pet store and subsequently released. With no competition or predators on the island, the snake, which was the smaller of two boas caught so far, had grown to more than 5 meters (15 feet) long.

Over lunchtime, we met with a group of the first ever graduate students studying natural resource management at the University of Virgin Islands. It was interesting to meet a group of people whose research will hopefully help shape the policies that will guide biodiversity law in the USVI in the future.

Later in the afternoon, we got to meet an environmental consultant from Jamaica, who also works in the Virgin Islands. He was able to give us a unique perspective on how laws can differently affect independent island nations and islands that are territories of larger continental nations. We also learned that international laws can be difficult to implement because they are often inappropriately tailored to Caribbean biodiversity issues.

As the sun was setting, we went back to the far West side of the island to catch bats near Botany Bay. A group of researchers had set up the nets, which were much like taller and thinner versions of volleyball nets, and quite effective at catching bats. Of the five species of bats that have been seen on the islands, the researchers were able to give us an up-close look at three distinct species. Much like our experience with the VI Tree Boa, it was probably a once-in-a-lifetime experience, and one that none of us are likely to forget. Perhaps most importantly, we were able to get a three-dimensional perspective on the biodiversity to which the laws we are studying apply.

Watch this space for their final report tomorrow evening.

Critical Issues About Critical Habitat

Today my KU Biodiversity Law students explored environmental permitting and endangered species law. Here are their observations:

This afternoon we focused on endangered species on Saint Thomas. After Hurricane Marilyn hit the island in 1995, 95% of structures on Saint Thomas were heavily damaged. In response to the housing crisis that ensued, the Federal Emergency Management Agency ("FEMA") began construction of a temporary public housing unit on a patch of land next to the high school on the east end of the island. This patch of land happens to be habitat for the Virgin Islands Tree Boa, listed as endangered under the federal Endangered Species Act ("ESA"). Naturally, litigation followed, much to the surprise of everyone on the island, FEMA was eventually ordered to tear down the public housing and reforest the area. Seven years later, however, the same patch of land has again been bulldozed, this time to house a sports complex at the high school.

Protection of this patch of VI Tree Boa habitat has been frustrated by a number of issues. Not only do many local residents lack an interest in habitat protection, but corruption of decision-makers also appears to be rampant. Legal obstacles also abound. Access to the patch of land has been routinely denied to those involved in litigation efforts, preventing scientific surveys that would determine whether it is indeed Boa habitat. And, there remains a legal question over whether critical habitat for the VI Tree Boa need even be designated. The VI Tree Boa was listed before the 1994 amendments to the ESA, which requires designation of critical habitat whenever a species is listed as endangered. There have been, to our knowledge, no rulings on whether this amendment applies retroactively to species listed before its enactment. If this patch of land were designated as critical habitat, construction of the sports complex would violate the ESA. Without this designation, litigators face the aforementioned problems of lack of interest on the part of the population and corruption of local officials.

Stay tuned for more Biodiversity Law news tomorrow.

Biodiversity Law Across Drake's Passage

Here is the second in a series of daily observations about my KU Biodiversity Law class' experiences learning about biodiversity law in the Virgin Islands:

Today we traveled to the British Virgin Islands (BVI) to explore Tortola and Jost Van Dyke. We discovered that the BVI contains much less development, and therefore a greater area of land and water available for biodiversity conservation, than do the United States Virgin Islands (USVI). For instance, Jost Van Dyke maintains a human population of less than 150. As a result, the hills are covered with vegetation (and the creatures that live amongst it) that is largely undisturbed by humans. Also, we noticed on the island of Tortola that the islanders are rehabilitating the mangrove population that grows along the coast of the island. By contrast, Saint Thomas (USVI) has an official population of 60,000 permanent residents (and likely many more unofficial permanent residents), which requires much more land, water, and other resource use for human needs. And, although Saint John is mainly preserved as a National Park, tourists (and their adverse effects - see) are not an unfamiliar sight. Conversely, we did not notice the presence of nearly as many tourists on the islands of Tortola and Jost Van Dyke.

There was a striking difference between the protected and unprotected portions of the BVI. Tortola contains a tropical rainforest (watered year-round by either rain or cloud moisture) protected by a sizable National Park where we observed many species of locally-rare rainforest trees, beautiful butterflies, and the native, ancient fern tree, not to mention a breathtaking view of the surrounding islands from the highest point in all of the Virgin Islands. However, in one of Tortola’s cities, Road Town, we ran into the familiar sites of any other Caribbean city, such as schools, cruise ships, and churches, in addition to rock quarries, cement trucks, and soccer fields. And, despite the low human population on Jost Van Dyke, a portion of the hillside vegetation has disappeared as a result of overgrazing by goats. Overall, however, the biodiversity conservation success of the BVI appears much more noticeable than that in the USVI.

Tune in tomorrow for the next installment - same biodiversity time, same biodiversity channel.

Sustainability And Coral Reef Encounters

Starting today, my KU Biodiversity Law students will be offering their daily observations about their experiences learning about biodiversity law in the Virgin Islands. Here is their first installment:

We started our morning by taking the ferry from St. Thomas to St. John. The island of St. John is mainly a National Park; however, a small portion of its land is developed for condos and amenities for tourists. Upon arrival in the developed portion of the island, we drove into the National Park and hiked throughout the seasonal rainforest. The trail on which we hiked is called Reef Bay Trail. As we hiked, we noticed a substantial change in biodiversity between the developed and preserved portions of the island. For instance, the developed portion contained many elements consistent with any other city or town, such as heat radiating off the pavement, honking cars, and a substantial population of buildings. In the heart of the seasonal rainforest, the sight of lizards, sounds of birds, and abundance of insects dominated our surroundings. In addition, we observed that various species of trees blocked a significant amount of sunlight from reaching the ground, each tree competing against its neighbors for limited resources.

After visiting the rainforest, we drove to the Virgin Islands Environmental Research Station (VIERS) where we were fortunate to get a tour of its facilities. VIERS is in the process of becoming completely self-sustainable through the use of solar panels for power and heated water, various compost technologies for waste, cisterns that collect rain-water for showers and drinking, and a modest garden of vegetables.

After visiting VIERS, we snorkeled throughout Lameshur Bay on the south-central part of St. John. At one point, several of us jumped out of the water after seeing a five-and-half-foot barracuda! However, we continued to swim around the Bay in pursuit of witnessing its other inhabitants, which afforded us the opportunity to observe a sea turtle. There were also numerous tropical fish and coral. A unique aspect of Lameshur Bay is its degree of biodiversity compared to other bays around the island. For instance, Trunk Bay Underwater Trail (unsurprisingly, an underwater snorkling trail through the remnants of a coral reef, complete with underwater plaques containing information about the taxa seen along the trail), one of the Virgin Islands National Park's most popular attractions, contains significantly less biodiversity than Lameshur Bay because it has, in effect, been loved to death by tourists. We learned that preservation of biodiversity requires more than good intentions. Visiting St. John was a great experience, and we cannot wait to return.

Tune in for more on biodiversity law in the Virgin Islands tomorrow.

A Life Of Ease(ments)

For the second year in a row a group of KU Law School students have escaped chilly Lawrence, Kansas, for the ideal weather of the Virgin Islands, to take Biodiversity Law. The first two days of class have been extremely illuminating. Starting tomorrow one student per day will become a guest Biolaw blogger to share the new insights into biodiversity law gleaned from their activities in the VI.

On our first day in the VI, we had the rare privilege of visiting Botany Bay, one of the most stunningly beautiful and biologically important spots in the Caribbean. There we learned something unexpected, and, I think, quite significant for the future of biodiversity law.

Botany Bay, a huge tract of almost unspoiled tropical forest fringed by strikingly healthy coral reefs, was sold almost a decade ago to developers. Initial plans for a huge resort, concrete pier, and high-density subdivisions were abandoned several years ago in favour of a much more upscale plan for limited numbers of luxurious villas and condos named The Preserve at Botany Bay. My students learned yesterday that the otherwise ironic-appearing name may actually be fairly apt. The developers have applied several times to have their planning permits modified. Here is the surpise. Rather than loosen the restrictions, the developers have been pressured by initial property owners to add stricter conservation easements on their land, and the land of future buyers. Why? The extremely wealthy clientele courted by the developers want to ensure that their land, and the land of their neighbours, is almost entirely covered with native flora and fauna. It seems that the rich at The Preserve are willing to pay more to forfeit rights to develop their natural surrounding.

Traditionally, habitat conservation has relied heavily on public environmental laws. In fact, many, if not most, in the legal academy, are skeptical of the value of private law as a significant conservation tool. However, as with the rich at Botany Bay, the new gilded age may be giving rise to a new class of conservationists who wish to create large private nature reserves because they value biodiversity more than development. The Virgin Islands have already given rise to several notable examples of this phenomenon, the most impressive of which is Guana Island. This gorgeous British Virgin Island, whose motto, "Imagine the Caribbean before it went public", caters not just to extremely wealthy and discriminating guests (e.g., "We're the only wildlife sanctuary in the world with a cocktail hour"), but also to such permanent residents as the endangered Anageda Rock Iguana. Guana Island finances a comprehensive restoration plan for these huge iguanas, and even shuts its resort for a month each year for "Science Month", when top scientists interested in studying biology and conservation on Guana Island stay free as guests of the hotel while analyzing the islands' biodiversity.

As statutory approaches to conservation stall in legislatures around the world more interested in wars, immigration, and globalization, the new conservation class is buying island after island, and parcel after parcel of land, to enjoy the beauty of minimally developed nature. Just as private equity and hedge funds have reordered the world of investment, so too may private law reorder the world of biodiversity conservation.