Menus Subscribe Search

Follow us


LOST at Sea

(Pablo H Caridad/Shutterstock)

LOST at Sea

• July 30, 2012 • 4:00 AM

(Pablo H Caridad/Shutterstock)

While sharks, elephant seals, and Pacific bluefin tuna on the great predator highway don’t carry passports, or care about sovereignty, the humans in Washington should care about the languishing Law of the Sea treaty.

Besides its unfortunate acronym, LOST, how else can you explain the perpetually doomed status of the United Nations Convention Law of the Sea treaty? LOST, first adopted in 1982, would create a uniform set of laws for the sea—governing fishing, piracy, territory, and mining—and an international regulatory body, and has been ratified by 161 countries, leaving the U.S. in the company of 35 naysayers that include North Korea, Iran, and Burundi. It’s unlikely we’ll be joining the rest of the world this year—earlier this month two more Republican senators joined the group of 32 who say it will cost the U.S. its sovereignty.

But in this highly partisan time, LOST has a weird dream team of endorsers: the American Petroleum Institute, World Wildlife Fund, Department of Defense, U.S. Chamber of Commerce, Hillary Clinton, Condoleezza Rice, John Kerry, John McCain, Sarah Palin; you get political vertigo just reading the list.

Why the support? Money: U.S. companies have more to gain from signing the treaty than just about anyone else, anywhere. The U.S. coastline, already among the world’s longest, will be extended out 200 miles, effectively granting access to enormous stores of fossil fuels and valuable metals and minerals. The Navy and the Coast Guard support the marine governance aspects of the treaty because it creates enforceable standards of conduct everywhere, from the melting Arctic to territorial conflicts with China.

The most prominent voice against the treaty is that of Donald Rumsfeld, who testified that it is a “sweeping power grab.” He wrote a recent editorial saying that the treaty is “fundamentally incompatible with the basic tenets of capitalism.” He worried that establishing world ownership of the deep seabed could create a similar argument for outer space.

But how do the fish feel? I was thinking about LOST when I found a biography of a Pacific bluefin tuna named “specimen 1002010,” a yard-long fish that crossed the Pacific Ocean three times in two years and apparently liked to winter in Southern California and spend summers near Japan. The wild wanderings of 1002010 can be seen on the interactive map at the Global Tagging of Pelagic (deepwater) Predators project’s website.

At California’s Año Nuevo State Park, a 640-pound elephant seal set off from the beach and made it pretty close to the Aleutians in Alaska before turning around and hauling its great floppy mass back to Año Nuevo. White sharks, which seem to spend their time cruising the coast to bite surfers for Animal Planet programs, turn out to take frequent trips to Hawaii. And then there are the leatherback turtles that commute between California and Indonesia.

Obviously fish don’t carry passports or care about national sovereignty. And with apologies to Donald Rumsfeld, they don’t appear to be capitalists. When you look at the behavior of the fish, it’s clear that they need ocean-wide, if not worldwide, policies to protect and manage them. Being nice to sea turtles on the California coast will not ensure their survival if in fact they spend part of their year in Indonesia.

These observations do not mean that ratifying LOST will make the world right. The global tagging initiative’s research suggests we’ll need to do considerably more than that to keep the leatherback turtles chugging along.

The initiative’s collaborative of researchers spent 10 years tagging and tracking 4,306 critters at the top of the Pacific Ocean’s food chain. The researchers were surprised to find that animals like the elephant seal, which had seemed to be a coastal hanger-on, actually spent a long time far from land. The researchers also found underwater gathering places, like the “shark cafe” between Baja California and Hawaii. To the north, there’s a big east-west fish highway along the boundary between the cooler currents and the warmer ones. (For a summary of what they found, download the Nature paper here.) All of this activity enmeshes the predators with each other and with their prey, the currents, temperatures, and food.

In their report, the researchers say we need policies that treat the oceans as whole ecosystems rather than a set of national boundaries. We also need specific ways of addressing very important spots in the sea so that a watery nursery, for example, could be protected by being designated part of UNESCO’s Marine World Heritage. The predator highway across the sea could be zoned as a conservation corridor. LOST does not look at the ocean as an ecosystem, never mind provide for conservation corridors. LOST’s controls on fish management are written from the standpoint of “optimum utilization” of fish stocks rather than sustaining food webs or avoiding harvests altogether in an effort to protect an environment, according to a report written by the Congressional Research Service.

And when it comes to traveling species like tuna, LOST suggests continuing to use bilateral agreements like those that are already in place. (The U.S. signed a tuna agreement with Costa Rica as far back as 1950.) Which, ironically, means that basically, the U.S. already complies with the terms of LOST in its fishing rules, so from a fishy point of view, the CRS doesn’t believe ratification would change much.

Joining LOST would, though, allow the U.S. to actively negotiate for improved protections for whole ecosystems, and for particular species like whales. From a conservation standpoint LOST is an artifact from a time before concern about climate change, before accurate data like GTOPP, before the collapse of the Atlantic northwest cod fishery, before we became aware of how complex and fragile the sea’s ecosystem is. Still, the U.S. needs to follow Hillary, Condoleezza, and Sarah to ratify it so we can get on with making ocean rules to preserve fish for the future.

Lisa Margonelli
Lisa Margonelli is the author of Oil On the Brain: Petroleum's Long, Strange Trip to Your Tank. She is currently working on a book about termites.

More From Lisa Margonelli

A weekly roundup of the best of Pacific Standard and PSmag.com, delivered straight to your inbox.

Recent Posts

October 22 • 4:00 PM

The Last Thing the Women’s Movement Needs Is a Heroic Male Takeover

Is the United Nations’ #HeForShe campaign helping feminism?


October 22 • 2:00 PM

Turning Public Education Into Private Profits

Baker Mitchell is a politically connected North Carolina businessman who celebrates the power of the free market. Every year, millions of public education dollars flow through Mitchell’s chain of four non-profit charter schools to for-profit companies he controls.


October 22 • 12:00 PM

Will the End of a Tax Loophole Kill Off Irish Business and Force Google and Apple to Pay Up?

U.S. technology giants have constructed international offices in Dublin in order to take advantage of favorable tax policies that are now changing. But Ireland might have enough other draws to keep them there even when costs climb.


October 22 • 10:00 AM

Veterans in the Ivory Tower

Why there aren’t enough veterans at America’s top schools—and what some people are trying to do to change that.


October 22 • 8:00 AM

Our Language Prejudices Don’t Make No Sense

We should embrace the fact that there’s no single recipe for English. Making fun of people for replacing “ask” with “aks,” or for frequently using double negatives just makes you look like the unsophisticated one.


October 22 • 7:04 AM

My Politicians Are Better Looking Than Yours

A new study finds we judge the cover by the book—or at least the party.


October 22 • 6:00 AM

How We Form Our Routines

Whether it’s a morning cup of coffee or a glass of warm milk before bed, we all have our habitual processions. The way they become engrained, though, varies from person to person.


October 22 • 4:00 AM

For Preschoolers, Spite and Smarts Go Together

New research from Germany finds greater cognitive skills are associated with more spiteful behavior in children.


October 21 • 4:00 PM

Why the Number of Reported Sexual Offenses Is Skyrocketing at Occidental College

When you make it easier to report assault, people will come forward.


October 21 • 2:00 PM

Private Donors Are Supplying Spy Gear to Cops Across the Country Without Any Oversight

There’s little public scrutiny when private donors pay to give police controversial technology and weapons. Sometimes, companies are donors to the same foundations that purchase their products for police.


October 21 • 12:00 PM

How Clever Do You Think Your Dog Is?

Maybe as smart as a four-year-old child?


October 21 • 10:00 AM

Converting the Climate Change Non-Believers

When hard science isn’t enough, what can be done?



October 21 • 8:00 AM

Education Policy Is Stuck in the Manufacturing Age

Refining our policies and teaching social and emotional skills will help us to generate sustained prosperity.


October 21 • 7:13 AM

That Cigarette Would Make a Great Water Filter

Clean out the ashtray, add some aluminum oxide, and you’ve (almost) got yourself a low-cost way to remove arsenic from drinking water.


October 21 • 6:00 AM

Fruits and Vegetables Are About to Enter a Flavor Renaissance

Chefs are teaming up with plant breeders to revitalize bland produce with robust flavors and exotic beauty—qualities long neglected by industrial agriculture.


October 21 • 4:00 AM

She’s Cheating on Him, You Can Tell Just by Watching Them

New research suggests telltale signs of infidelity emerge even in a three- to five-minute video.


October 21 • 2:00 AM

Cheating Demographic Doom: Pittsburgh Exceptionalism and Japan’s Surprising Economic Resilience

Don’t judge a metro or a nation-state by its population numbers.


October 20 • 4:00 PM

The Bird Hat Craze That Sparked a Preservation Movement

How a fashion statement at the turn of the 19th century led to the creation of the first Audubon societies.


October 20 • 2:00 PM

The Risk of Getting Killed by the Police If You Are White, and If You Are Black

An analysis of killings by police shows outsize risk for young black males.


October 20 • 12:00 PM

Love and Hate in Israel and Palestine

Psychologists find that parties to a conflict think they’re motivated by love while their enemies are motivated by hate.


October 20 • 11:00 AM

My Dog Comes First: The Importance of Pets to Homeless Youth

Dogs and cats have both advantages and disadvantages for street-involved youth.


October 20 • 10:00 AM

Homophobia Is Not a Thing of the Past

Despite growing support for LGBT rights and recent decisions from the Supreme Court regarding the legality of same-sex marriage, the battle for acceptance has not yet been decided.


October 20 • 8:00 AM

Big Boobs Matter Most

Medical mnemonics are often scandalous and sexist, but they help the student to both remember important facts and cope with challenging new experiences.


October 20 • 6:00 AM

When Disease Becomes Political: The Likely Electoral Fallout From Ebola

Will voters blame President Obama—and punish Democrats in the upcoming mid-term elections—for a climate of fear?


Follow us


My Politicians Are Better Looking Than Yours

A new study finds we judge the cover by the book—or at least the party.

That Cigarette Would Make a Great Water Filter

Clean out the ashtray, add some aluminum oxide, and you've (almost) got yourself a low-cost way to remove arsenic from drinking water.

Love and Hate in Israel and Palestine

Psychologists find that parties to a conflict think they're motivated by love while their enemies are motivated by hate.

How to Water a Farm in Sandy Ground

Physicists investigate how to grow food more efficiently in fine-grained soil.

Unlocking Consciousness

A study of vegetative patients closes in on the nature of consciousness.

The Big One

One company, Amazon, controls 67 percent of the e-book market in the United States—down from 90 percent five years ago. September/October 2014 new-big-one-5

Copyright © 2014 by Pacific Standard and The Miller-McCune Center for Research, Media, and Public Policy. All Rights Reserved.