The intense politicalization of ecological issues makes it difficult to have a rational discussion of environmental regulation. When the left wants regulation, the right can claim they want to destroy jobs because of a deranged preference for tiny fish over humans. When the right opposes regulation, they can be presented as willing to destroy the environment because they value profits over other people and the planet. This conflict leads to the seesaw of regulations as each party takes and loses power. While there is no single solution to this problem, a rational approach would be to try to develop solutions that benefit corporations and the inhabitants of the ecosystem, such as us humans. As an example, I will use the seabirds.

While sea food is delicious and nutritious, modern fishing techniques kill hundreds of thousands of seabirds each year. For example, albatrosses are sometimes killed by longline fishing. As another example, penguins can get caught in gill nets and drown. These dead birds have no value to business and they are an unfortunately bycatch whose carcasses are garbage rather than profitable.

Fortunately for the birds, there are ways to reduce their death toll. For example, long line fishing can be made safer for birds by using streamers to deter them or by weighting the lines so they sink out of reach of diving birds. These methods of protecting birds do cost money and can make things more difficult for the fishing crews. As such, regulations requiring that fishing vessels use these devices and measures impose costs which can impact the pay of the fishing crews and the cost of seafood. Because of this, it would be rational of industry to oppose such regulations to avoid these costs.

While some might be tempted to dismiss this as an obsession with profit, attacking the industry means it will double down on its opposition and lobby against regulations. This will make it even harder for environmentalists to get regulations in place. Aggressive opposition by industry will motivate environmentalists, making it harder for industry to get what they want. In such conflicts, the lobbyists are always victorious.  It would be preferable for everyone (other than the lobbyists) if there was a way to protect birds while also benefiting the fishing industry.

It seems difficult to imagine that protecting birds would benefit the seafood industry in any significant way. After all, they would need to purchase equipment and adopt methods to protect birds. There seems to be no profit in this. But perhaps there is the potential for gain.

Protecting birds could pay off in public relations. A company can advertise it is bird safe and perhaps offset the cost through improved sales and by increasing prices. However, it would be even better if protecting birds was also profitable or at least cost neutral. One example of this is longline fishing.

An estimated 160,000 albatrosses and petrels are killed each year when they get hooked on longlines. While this is obviously bad for the birds, it is also costly to the industry. First, they must waste time removing dead birds from their lines. Second, and more importantly for them, each hooked bird could have been a profitable fish. Keeping birds off their lines means that they can catch more fish. As such, regulations that protect birds can be a win for the birds and the industry.  But this does lead to an obvious objection.

Opponents of environmental regulation can content that if protecting birds is advantageous to the industry, there is no reason to impose regulations. Out of rational self-interest, industry will act without being coerced. So, there is no need to impose regulations.

As I favor minimal state intrusion, I find this appealing: why use the power of the state to compel people to do what they would do without coercion? Especially when an imposition might cause opposition. To use an analogy, think of seat belt laws. Wearing a seat belt is a good idea and people should do so, but some people refuse to wear them because it is required by law. It could be argued that it makes more sense to inform people of the benefits of seat belts and let rational self-interest motivate them.

The obvious counter is that people generally do not operate from rational self-interest. If they did, everyone would be eating the healthiest meals they could get and exercising as often as they could. As such, to follow Aristotle, people must often be compelled to do what is best for them. So, while protecting seabirds would be in the interest of industry, they are unlikely to do so just because it is in their interest. So, regulation is needed to compel them to act in their own interest. To use another analogy, while it is rational for people to learn how to drive properly before taking to the road, the state needs to compel people to do this.

While I favor freedom, freedom can be justly limited on moral grounds when liberty creates significant harm. So, for example, while people should be free to have pets, there should be regulations forbidding people from taking their pet tiger for a walk in the local park. The challenge, as always, is balancing liberty against harm.