Why do we need a global framework for MPAs in ABNJ?
Kristina M. Gjerde
IUCN High Seas Policy Advisor
‘Scientists found that almost no areas have been left pristine and that more than 40% of the world's oceans have been heavily affected.’
40% ocean heavily affected by humans
(c) Halpern et al. 2008.
The High Seas (in blue)
Credit: Jesse Cleary
The Seabed Area (in blue)
Credit: Jesse Cleary
FUTURE:
climate change +
ocean acidification +
interactions =
increased vulnerability
Ramirez-Llodra et al, 2011, Man and the Last Great Wilderness: Human Impacts on the Deep Sea,
PLoS one
KEY GOVERNANCE CHALLENGES the High Seas as global commons
Hugo Grotius, 1609 “Freedom of Seas”
‘
“although serving some one person it still suffices for the common use of all other persons”
Why a global framework for MPAs in ABNJ? The case for a global regime
Photo Credit: John Weller
“A ...space...managed, through legal or other effective means, to achieve the long-term conservation of nature with associated ecosystem
services and cultural values.” (IUCN, 2008)
Marine Protected Area
• Customary International Law
• UN Convention on the Law of the Sea
• Fishing
– UN Fish Stocks Agreement
– Regional fisheries management conventions and organizations
• Shipping and waste dumping
– International Maritime Organisation
• Seabed mining
– International Seabed Authority
• Biodiversity Conservation???
HIGH SEAS GOVERNANCE FRAMEWORK
Photo Credit: John Weller
UN CONVENTION ON THE LAW OF THE SEA (UNCLOS) 1982
• Duty to:
– Conserve marine living resources
– Protect and preserve marine environment
– Including rare or fragile ecosystems and habitat...
– Cooperate
– Control flag vessels and citizens
– Comply with other international legal obligations
• Freedom to:
– Fish
– Navigate
– Lay submarine cables and pipelines
– Conduct marine scientific research
– Construct artificial islands
– Authorize vessels to fly national flag
+
• Reduce the rate of biodiversity loss by 2010
• Encourage the application of ecosystem approaches to marine management by 2010
• Facilitate... the establishment of MPAs, including representative networks by 2012...
• Maintain the productivity and biodiversity of important and vulnerable marine and coastal areas, including in areas within and beyond national jurisdiction
• Integrate marine and coastal areas management into key sectors
World Summit on Sustainable Development JOHANNESBURG, 2002
Aichi Biodiversity Targets 2020 CBD COP 10, 2010
11. “By 2020, at least ... 10 per cent of coastal and
marine areas, especially areas of particular importance for biodiversity and ecosystem services, are conserved through effectively and equitably managed, ecologically representative and well connected systems of protected areas and other effective area-based conservation measures, and integrated into the wider landscapes and seascapes.”,
CHALLENGES TO MPAs ON THE HIGH SEAS
• No explicit mandate
• No global procedures
• Sectoral approach
• Lack of incentives for cooperation
• No mechanisms for management
• Weak enforcement provisions
UN Fish Stocks Agreement and Regional Fisheries Management Organizations
• Conservation measures
– spatial and temporal closures
– effort and gear restrictions
– catch and bycatch quotas
• Monitoring, surveillance and control
Issues related to fisheries management
• Regional management
– Uneven performance
– Gaps in mandates
– Gaps in coverage
• Global trade and illegal fishing
– Uneven MSC and enforcement capacity
International Maritime Organization
• Discharge and emission restrictions
• Reporting requirements
• Routeing measures
• Particularly Sensitive Sea Areas (PSSAs)
Credit: Simon Walmsley
Issues related to shipping
• Discharge standards: distance from shore
• Ballast water: high seas unprotected
• Noise and ship strikes: slow progress
• PSSAs: coastal orientation
Credit: Simon Walmsley
International Seabed Authority
• Common heritage of mankind
• Protect and conserve the natural resources
• Prevent damage to the flora and fauna
Credit: ISA Credit: NOAAA
Issues related to seabed mining
• Only indirect mandate for proactive „No mining areas”
• How to protect large scale representative areas?
Credit: ISA Credit: NOAAA
(orange) in the Pacific Ocean shifted over Europe
Clarion Clipperton Fracture Zone Scale compared to Europe the Authority (orange) in the Pacific Ocean shifted over Europe
Issues related to seabed mining
• Only indirect mandate for proactive „No mining areas”
• How to protect large scale representative areas?
• How to protect rare and unique areas, scientifically important sites?
• Will exploration licenses forelose future options for protection?
Credit: ISA Credit: NOAAA
Slide courtesy: Daniel Dunn
Convention on Biological Diversity
CBD COP9 DECISION 20 (2008) Annex I: Site Criteria
“Ecologically or Biologically Significant Areas” (EBSAs)
1. Uniqueness / rarity
2. Special importance for life history of species
3. Importance for threatened, endangered or declining species / habitats
4. Vulnerability, fragility, sensitivity, or slow recovery
5. Biological productivity
6. Biological diversity
7. Naturalness
Credit: Deep Atlantic Stepping Stones Science Team_IFE_URI_NOAA
CBD COP9 DECISION 20 (2008) Annex II: Network Guidance
1. EBSAs (site criteria)
2. Representativity
3. Connectivity
4. Replication
5. Adequacy / viability
Credit: Deep Atlantic Stepping Stones Science Team_IFE_URI_NOAA
CBD COP10 Decision 29 (2010)
• Encouraged to apply criteria and adopt appropriate conservation measures
• Established data and information repository
• Convening regional workshops
• Process to endorse proposed EBSAs: CBD COP
• Information to be conveyed to other competent organizations, including the UNGA
CBD COP
Report on EBSAs Recommended by SBSTTA
SBSTTA
Report on EBSAs Compiled from the Regional Workshops
EBSAs & Data / Capacity Building
EBSA
Repository
Regional
Workshops
Report on EBSAs endorsed by COP
Information Sharing with:
• UNDOALOS, FAO, ISA,
IMO, UNEP
• CBD Scientific Partners
• WCMC, GOBI, OBIS
• RSOs, RFMOs
UN Working Group on
Biodiversity Beyond National
Jurisdiction (BBNJ)
Long-term Research & Capacity Development Plan
Slide courtesy: Daniel Dunn
CBD EBSA regional workshops (dates to be confirmed)
September 2011: North-East Atlantic
November 2011: South Pacific
January 2012: Mediterranean
February 2012: Caribbean and Mid-Atlantic
Regional Seas Organizations
Credit: Jesse Cleary
Issues related to Regional Seas Organizations
Credit: Jesse Cleary
Credit: John Weller
Issues related to coordination and cooperation
• Few mechanisms for cooperation across boundaries
• Lack of capacity, time, money, information
• Differing priorities
• Limited jurisdictions and mandates
• Limited collaboration at the national level
Credit: Philippe Rouja
Role of an UNCLOS Implementation Agreement
Un
ited
Nat
ion
s G
ener
al A
ssem
bly
Specialized Agencies
UNESCO WORLD HERITAGE SITES
FAO RFMOs VULNERABLE MARINE ECOSYSTEMS (VMES)
IMO PARTICULARLY SENSITIVE SEA AREAS (PSSAS)
Programmes & Funds
UNEP
CBD Secretariat ECOLOGICALLY OR BIOLOGICALLY
SIGNIFICANT AREAS (EBSAS)
CMS Secretariat
Regional Seas Secretariat
Secretariat Office of Legal Affairs Division of Ocean and Law of
the Sea (DOALOS) UNICPOLOS
UN Working Group (BBNJ)
International Seabed Authority AREAS OF PARTICULAR
ENVIRONMENTAL INTEREST (APEIS)
The Regular Process
“A regular process for global reporting and assessment of the state of the marine environment, including socio-economic aspects”
Slide courtesy: Daniel Dunn
Bringing coherency to conservation in ABNJ
Procedure for
designation of MPAs
Credit: Philippe Rouja
Role of an UNCLOS Implementation Agreement
Area-based
manage-ment
Improved implementation
Credit: Philippe Rouja
Role of an UNCLOS Implementation Agreement
Finding the Right Balance
Credit: Paul Kuczysnski
Finding the Right Balance
Credit: Paul Kuczysnski
Establish global mandate, targets and objectives for NETWORKS
Streamline designation process
Ensure baseline protection, eg. prior impact assessment
Coordinate regional/sectoral cooperation
Build capacity for management
Share benefits
2006 2007 2008 2009 2010 2011 2012+
COP8: Call for the expert
workshop on
ecological criteria and
biogeographic
classification
Azores
Expert
Workshop Collated criteria
suites,
recommended
EBSA criteria
COP9: Adopted EBSA criteria.
Called for the expert
workshop on guidance on
the application of the
EBSA criteria and
biogeographic
classifications
Ottawa
Expert
Workshop Produced
guidance on the
application of the
EBSA criteria
COP10: Established an EBSA
Repository and
information sharing
mechanism and a
regional process for
identifying candidate
EBSAs
CBD Regional
EBSA
Workshops
SBSTTA 15
& 16,
COP11
Slide courtesy: Daniel Dunn
VME CRITERIA EBSA CRITERIA
Identification of areas in need of protection from any or all human activities
No single specific body or mechanism responsible
Identification of an EBSA is a scientific and technical step only
Relate exclusively to deep sea bottom fishing in the high seas
RFMOs responsible
If an area meets the VME criteria, it triggers a management response
Regional Seas Organizations
Credit: Jesse Cleary
Progress where mandate for ABNJ: OSPAR MPA Network and NEAFC fisheries closures, 2010
Credit: OSPAR Secretariat
Credit: UK Foreign and Commonwealth Office
CCAMLR: South of the South Orkneys MPA, designated 2009
Planning Domains from CCAMLR workshop September 2011
Pelagos Sanctuary for Mediterranean Marine Mammals
Credit: Tethys Institute
MEDITERRANEAN Potential EBSAs/SPAMIs
Issues related to fisheries management
• Regional management
– Uneven performance
– Gaps in mandates
– Gaps in coverage
• Global trade and illegal fishing
– Uneven MSC and enforcement capacity
Issues related to fisheries management
• Regional management
– Uneven performance
– Gaps in mandates
– Gaps in coverage
• Global trade and illegal fishing
– Uneven MSC and enforcement capacity
Tuna RFMOs
Credit: Jesse Cleary
High Seas bottom fisheries closures
High Seas bottom fisheries closures
Non-tuna RFMOs
Credit: Jesse Cleary
Credit: John Weller
UN WORKING GROUP ON BBNJ
Improved Implementation
Possible multilateral agreement
1. Area-based management tools
2. Impacts assessment
3. Marine genetic resources
4. Capacity development
5. Technology transfer
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