De Armas, Marcel

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Sustainable Development Law & PolicyVolume 7Issue 1 Fall 2006: Ocean & Fisheries Law Article 15Changing Tides: The Need for New Legislation ToPrevent Algae BloomsMarcel De ArmasFollow this and additional works at: http://digitalcommons.wcl.american.edu/sdlpPart of the Environmental Law Commons, and the Law of the Sea CommonsThis Feature is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ AmericanUniversity Washington College of Law. It has been accepted for inclusion in Sustainable Development Law & Policy by an authorized administrator ofDigital Commons @ American University Washington College of Law. For more information, please contact fbrown@wcl.american.edu.Recommended CitationDe Armas, Marcel. “Changing Tides: The Need for New Legislation To Prevent Algae Blooms.” Sustainable Development Law &Policy, Fall 2006, 44.44FALL 2006 Under normal conditions, many species of algae form thebase of the ocean’s food chain and support the growth ofaquatic and terrestrial animals.1 However, algae cangrow out of control creating a large mass called a harmful algaebloom (“HAB”) that produces dangerous toxins and threatensboth humans and aquatic animals.2 In 2003, Congress passedlegislation promoting more research on HABs in an attempt toprevent the damaging effects of these blooms on our oceans andlakes.3 Nevertheless, even after Congress recognized that a sin-gle HAB can cost millions of dollars in damage, it has notpassed any legislation aimed at preventing or controlling thisproblem.4Red tide, a form of HAB, isprevalent in oceans worldwide,including in all major bodies ofwater that touch the UnitedStates.5 States and peopleaffected by red tide, or otherHABs, often suffer economi-cally and socially because ofbeach closings and bans onshellfish harvests. For example,red tide forced the governors ofMaine and Massachusetts todeclare states of emergency dur-ing the summer of 2005; federal aid was also requested to softenthe financial impact of an HAB on the shellfish industry.6Additionally, there are often fatal consequences for animalsthat consume shellfish containing toxins from HABs.7 In a one-year period, researchers found HABs responsible for the deathsof 72 manatees in Florida, along with 57 dolphins, and 319 sealions in California.8 What makes addressing the HAB issue evenmore difficult is the fact that many estuaries located in the U.S.are affected by different species of algae that produce a diverserange of toxins. Consequently, the varied effects of algae specieslead to the erroneous belief that a decentralized approach willbest solve the problems created by HABs. Unfortunately, manyof the factors believed to support the growth of algae blooms arethe same throughout all coastal waters: (1) increased water tem-peratures; (2) coastal water pollution; and (3) algae cystdeposits.9The combination of warmer waters and the increase of pol-lution run-off into rivers will only intensify the problem and cre-ate larger areas of blooms.10 While Congress should beapplauded for conducting and promoting research on HABs, itneeds to move beyond research and start protecting these vulner-able ecosystems before these blooms permanently damage ourcoastal waters and the surrounding environments. Endnotes:1 See H.R. REP. NO. 108-326, at 5(2003). 2 Id. 5-6 H.R. REP. NO. 108-326, id.at 5-6.3 See Harmful Algal Bloom andHypoxia Research and Control Act of1998 §§ 601-05, 16 U.S.C. § 1451(2006). 4 See H.R. REP. NO. 108-326, at 6(2003). 5 See WHO, Algae and Cyanobacteriain Coastal and Estuarine Waters, inGUIDELINES FOR SAFE RECREATIONAL WATER ENVIRONMENTS, available athttp://www.who.int/water_sanitation_health/bathing/srwe1-chap7.pdf (last vis-ited Oct. 24, 2006) 6 Tide Pushing Shellfishers Into Red, USA TODAY, June 12, 2005, available athttp://www.usatoday.com/news/nation/2005-06-12-red-tide_x.htm (last visitedOct. 23, 2006) [hereinafter Red Tide].7 See H.R. REP. NO. 108-326, at 5-6 (2003). 8 H.R. REP. NO. 108-326, at 5-6 (2003). 9 See Red Tide, supra note 6. 10 See H.R. REP. NO. 108-326 (2003). CHANGING TIDES: THE NEED FOR NEWLEGISLATION TO PREVENT ALGAE BLOOMSby Marcel De Armas* * Marcel De Armas is a JD candidate, May 2008, at American University, Wash-ington College of Law. Algae can grow out ofcontrol creating a largemass called a harmfulalgae bloom.

Changing Tides: The Need for New Legislation To Prevent Algae Blooms

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Changing Tides: The Need for New Legislation To Prevent Algae Blooms

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