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MCBi.qxd 2/2/2005 2:41 PM 18 Page 302 Place-Based Ecosystem Management in the Open Ocean Elliott A. Norse, Larry B. Crowder, Kristina Gjerde, David Hyrenbach, Callum Roberts, Carl Safina, and Michael E. Soulé Rancher, about the Texas landscape, to former ship’s captain: “Did you ever see anything so big?” Former ship’s captain: “Well, yes. A couple of oceans.” Texas rancher: “Well I declare! Oceans. Hmmmph!” William Wyler’s 1958 film, The Big Country Our modern human brain evolved in the African sa- using hand-nets, buckets, and scuba, oceanogra- vanna, where our ability to learn the rewards and per- phers and fisheries biologists have relied mainly ils of its vast landscape was the key to our survival. on remote sampling technologies, which have led Now that humans have expanded far beyond our them to focus on aggregated metrics of ecosystem motherland, our success depends on our ability to function (e.g., plankton productivity) and popu- handle the rewards and perils of ecosystems very dif- lation structure (e.g., fish biomass), rather than ferent from the one that shaped us. Of these, none is the intricacies of behavioral interactions within larger, more complex, nor more difficult for people to and among species. fathom than the blue and black waters of the open ocean. Our terrestrial species pays little attention to the open ocean for several reasons: 1. It is remote from human observers, out of sight, hence out of mind. 2. To our unattuned eyes, its wavy surface seems impenetrable, featureless, and trackless. 3. Conducting research there is much more expensive and requires more labor, expensive equip- 5. Large pelagic animals are uncommon in the open ocean and often move quickly, so are seldom seen alive and are far less known by scientists, decision makers, and the public than nearshore species. 6. The seeming scarcity of humans in the vastness of oceanic ecosystems makes the open ocean seem invulnerable to human impacts. 7. Compared with estuaries and enclosed seas, the open ocean shows much less impact from proximity to dense human populations. ment, and logistical coordination than doing re- 8. Sixty-four percent of the sea (and a much larger search in intertidal, estuarine, and inshore areas. percentage of the open ocean beyond the conti- 4. In contrast to marine biologists’ in situ research 302 nental margins) lies on the high seas, outside of MCBi.qxd 2/2/2005 2:41 PM Page 303 Place-Based Ecosystem Management in the Open Ocean 303 the potential protection conferred within Sargassum, corals, squids, sea turtles, seabirds, pinni- nations’ exclusive economic zones (EEZs). peds, and whales are not fishes. Yet the open ocean is far from biologically homogeneous (Boehlert and Genin 1987; Polovina et al. Effects of Fishing in the Open Ocean 2000; Worm et al. 2003), and there is pressing need to In recent years, scientists have published unambigu- modify the way we manage this vast ecosystem be- ous evidence that fishing has depleted populations cause its megafauna—its equivalents of tigers, bears, and disrupted ecosystems in coastal waters worldwide wolves, eagles, condors, crocodiles, rhinos, and ele- ( Jackson et al. 2001). The evidence is no less com- phants—are vanishing, while its most vulnerable ben- pelling for the open ocean. For instance, North At- thic ecosystems are increasingly being degraded. A di- lantic humpback (Megaptera novaeangliae), fin (Bal- verse, growing chorus of informed voices (e.g., FAO aenoptera physalus), and minke (B. acutorostrata) whale 2003; Gislason et. al 2000 and papers that follow; Juda populations appear to be 85 to 95 percent below for- 2003; Mooney 1999; Pew Oceans Commission 2003; mer population levels (Roman and Palumbi 2003). Pikitch et al. 2004; Ward and Hegerl 2003) explain why Biomass of fishes has declined precipitously since 1900 ecosystem-based management is needed to stop the in the North Atlantic (Christensen et al. 2003). The loss of biodiversity and the collapse of fisheries or offer trophic level of fish catches has declined progressively ways to implement it. This chapter discusses place- since the 1950s (Pauly et al. 1998), at the same time based methods of ecosystem-based management—in- that fishing has pushed ever deeper (Pauly et al. 2003). cluding fishery closures, marine protected areas, and, Populations of oceanic tunas and billfishes appear to in particular, marine reserves—for protecting and re- have decreased about 90 percent worldwide since the covering biological diversity in the open ocean, and 1950s (Myers and Worm 2003). North Atlantic oceanic specifically, their application to two different kinds of sharks have decreased more than 50 percent in the last ecosystems, seamounts and the epipelagic zone. 8 to 15 years (Baum et al. 2003); oceanic whitetip Humans can reduce populations of oceanic species sharks (Carcharhinus longimanus) (Figure 18.1) in the and alter oceanic ecosystems via pollution (oil and Gulf of Mexico have decreased more than 99 percent other toxic chemicals, nutrients, noise, solid wastes), since industrial longlining began there in the 1950s ship strikes, climate change, and, possibly, introduc- (Baum and Myers 2004). Moreover, while the world’s tion of alien species (e.g., toxic phytoplankton, jelly- fishing power has dramatically increased, the world’s fishes). There is reason for concern about activities marine fish catch — corrected for overreporting by that could occur in coming decades (e.g., deep-sea China, the largest fishing nation—has actually de- mining, deliberate ecosystem manipulation via iron creased since 1988 (Watson and Pauly 2001). The fertilization, deep-sea disposal of carbon dioxide, United Nations’ latest global assessment (FAO 2002) ocean thermal energy conversion). But the most per- considers 75 percent of the world’s marine capture vasive and severe human impacts in the open ocean fisheries to be fully exploited or producing less than for which there is compelling scientific documenta- they would at lower fishing levels. Fishing is emptying tion is the killing of targeted pelagic and benthic spe- the oceans of its large predators. cies and its consequences for other species and habi- These declines reflect a profound shift in predator– tats. For lack of a precise term applicable both to prey dynamics, the predator in this case being hu- species targeted by fisheries and associated “collateral mankind. Oceanic fisheries have undergone dramatic damage” to nontarget species and habitats, we use the technological advances in recent decades, as fishermen term fishing throughout this chapter, recognizing that have adopted roller and rockhopper trawls (which MCBi.qxd 2/2/2005 304 2:41 PM Page 304 Marine Conservation Biology F I G U R E 1 8 . 1 . Oceanic whitetip shark (Carcharhinus longimanus). A recent study (Baum and Myers 2004) found that more than 99 percent of these once-ubiquitous predators have been eliminated from the Gulf of Mexico since the advent of industrialized oceanic longlining in the 1950s. This ecological extinction of large predators can start trophic cascades in marine ecosystems, as it can in freshwaters and on land. Photo © Masa Ushioda, CoolWaterPhoto.com. gave them access to previously unfishable de facto significant as functioning components of their eco- refuges, including the steep, rocky slopes of sea- systems. Fishes, in contrast, have not become signifi- mounts), nearly invisible drift gillnets tens of kilome- cantly more capable of avoiding capture. ters long, and pelagic longlines of comparable length Of course, biological extinction is worse still, because, that couple bait with fish-attracting light-sticks, all of among other reasons, it precludes any possibility of re- these now made of strong, nondegradable synthetic covering from commercial or ecological extinction. materials. Other powerful fishing technologies include Fishing has caused the biological extinction or en- steel hulls, big engines, precision depth finders and dangerment of large marine species (Carlton et al. fish finders, detailed mapping of the seafloor, floating 1999; Dulvy et al. 2003; Roberts and Hawkins 1999; fish-aggregating devices with radio beacons used by Myers and Ottensmeyer, Chapter 5) and threatens purse seiners, electronic net sensors, real-time down- many more. For instance, concerns about severely re- loads of satellite-derived sea surface temperature im- duced white marlin (Tetrapturus albidus) and northern agery showing the locations of fronts, global position- bluefin tuna (Thunnus thynnus) populations have ing systems, and at-sea processing. Armed with this prompted proposals for their listing as endangered suite of technologies, people have become ever more species (Rieser et al., Chapter 21). The prospects for capable of fishing species to commercial and ecologi- seamount species could be even worse, given their as- cal extinction (Myers and Ottensmeyer, Chapter 5), ef- sociation with fixed habitats, their vulnerable life his- fectively making them uneconomical to pursue and in- tories, their high endemism, and the rapid spread of MCBi.qxd 2/2/2005 2:41 PM Page 305 Place-Based Ecosystem Management in the Open Ocean 305 trawling into the deep sea. However, lacking sufficient the local extirpation of their prey (Crooks and Soulé knowledge about the status of many taxa, it is unlikely 1999), and (3) the local disappearance of many smaller that scientists could satisfy restrictive legal definitions animals (prey) by competitive exclusion (Henke and of endangerment for seamount species before they Bryant 1999). were severely depleted. Indeed, because they are Terborgh et al. (1999) describe trophic cascade ef- highly aggregated, serial depletion of fish populations fects on new islands in Lago Guri, Venezuela, in which seamount by seamount — each initially yielding a predators disappeared and many kinds of herbivores high catch per unit of effort (CPUE)—could easily became superabundant, increasing herbivory on mask overall abundance trends until all these habitat seeds, seedlings, and leaves and causing complete re- patches are overexploited. The insensitivity of the cruitment failure for most tree species. The extirpation CPUE statistics to the actual population abundance of wolves (Canis lupus) from Yellowstone National for patchily distributed species requires precautionary Park (USA) in the 1920s led to a severe increase in management, including the establishment of marine browsing pressure by elk (Cervus canadensis) on young protected areas (MPAs). quaking aspen (Populus tremuloides) and willow (Salix In addition to the harm caused by overfishing of spp.), the primary food of beaver (Castor canadensis). targeted populations, bycatch and entanglement in Aspen failed to recruit into the canopy for 80 years or fishing gear threaten many oceanic species. Some of so, causing the entire beaver wetland ecosystem to dis- these, including leatherback sea turtles (Dermochelys appear from Yellowstone’s northern range (Ripple and coriacea), short-tailed albatross (Phoebastria albatrus), Larsen 2000). and North Atlantic right whales (Eubalaena glacialis) Neither evidence nor theory indicates that trophic are at high risk of extinction and are officially pro- cascades are confined to the land. In coastal eco- tected under the US Endangered Species Act and the systems, Jackson et al. (2001) show that elimination of Convention on International Trade in Endangered key species catalyzes equally dramatic ecosystem Species of Wild Fauna and Flora, and are on the World transformations. There is no reason to believe that re- Conservation Union (IUCN) Red List. For too many moval of large predators would have less significant species, however, such designations have not arrested ecosystem-level consequences in the open ocean, and their slide toward extinction. there is intriguing reasoning suggesting that removal Moreover, the loss of a species is not only conse- of species has significant top-down effects (Verity et al. quential in an evolutionary sense; the reduction or 2002), although these are more difficult to detect. elimination of its ecological interactions can lead to Knowing that serial overfishing has systematically re- the disappearance of many other species (Soulé et al. moved high trophic level species worldwide (Pauly et 2003). As on land, two groups of strong interactors in al. 1998), the first question that should be posed is, marine ecosystems that are particularly important to How does that removal affect ecosystem function- conserve are ones that have large effects on food webs ing? Unfortunately, the two sciences that have most and those that provide habitat structure. Terrestrial influenced marine resource management have largely ecologists have shown that removal of large predators failed to address these questions. Biological oceanog- has profound effects on the key ecosystem attributes of raphy has focused mainly on bottom-up studies of nu- species composition, structure, and functioning. The trient and plankton dynamics, while fisheries biology cascading consequences of species removal include: (1) has focused mainly on single-species stock-recruit- overbrowsing and subsequent changes in vegetation ment modeling of commercially exploited species. structure and composition (Soulé and Noss 1998), (2) These sciences have largely overlooked top-down ef- the ecological release of middle-size predators causing fects resulting from deletion of megafauna, which, MCBi.qxd 2/2/2005 306 2:41 PM Page 306 Marine Conservation Biology along with habitat disturbance, is the most important concern about the effects of trawling recently global marine ecosystem change currently under way. prompted the release of an unprecedented statement This oversight is ironic because scientific understand- of concern by 1,136 marine scientists and conserva- ing of the keystone role played by certain predators tion biologists from 69 countries (MCBI 2004). arose from studies in marine systems that were pub- Given the incontestable evidence that fishing lished prominently more than three decades ago sharply reduces oceanic biomass, populations of large (Paine 1966, 1969). Yet, a recent check of Science Cita- species, average trophic level, and benthic structural tion Index Expanded on April 4, 2004, showed that, complexity, unless a century of accumulated ecologi- among the 500 most recent (1998–2004) scientific pa- cal theory and empirical evidence is wrong, there is no pers citing Paine’s classic 1966 paper, only 5 are in longer any credible denial that fishing profoundly al- fisheries journals (and several of those papers concern ters oceanic ecosystem functioning. freshwater ecosystems). The challenge of oceanic conservation requires ac- In fact, the keystone role played by large predators knowledging the impacts of fishing on open ocean in North Pacific kelp forest ecosystems was demon- ecosystems. Even where nations manage fisheries strated by ecologists as early as the 1970s (Dayton within their EEZs, the stock assessment-based para- 1975; Estes and Palmisano 1974). Since then, Estes et digm, which focuses on estimating individual species’ al. (1998) and Springer et al. (2003) have elucidated fishing mortality and controlling it by using catch additional trophic links between nearshore kelp quotas, size limits, gear restrictions, and temporary forests and oceanic ecosystems. Ecological theory and area closures, has produced few successes (two un- a growing body of evidence indicate that removal of usual ones are discussed by Hilborn, Chapter 15). A oceanic megafauna has induced a serial trophic cas- substantial fraction of oceanic fisheries occur outside cade that has ramified throughout a vast area of the of nations’ jurisdictions. International fisheries regu- North Pacific for decades. It is difficult to explain latory organizations are even less likely than those of how such momentous findings have had so little ef- individual nations to be effective in conserving target fect on marine policy and management. species and biodiversity due to competing national in- In recent years it has also become clear that bot- terests and the global “tragedy of the commons.” Fur- tom trawling is much like forest clearcutting, in that thermore, ensuring compliance in the oceanic realm it removes the ecosystem’s structure-forming species is even more difficult than doing so in coastal waters, (Watling and Norse 1998; Watling, Chapter 12). Their with enforcement on the high seas so uncommon that removal has profound effects on benthic ecosystems the pursuit and capture of a Uruguayan vessel, the (Auster and Langton 1999; Dayton et al. 1995; Steele Viarsa (Fickling 2003), one of the many vessels ille- 2002). Loss of biogenic structure eliminates habitat gally fishing for Patagonian toothfish (Dissostichus for species — including the young or adults of some eleginoides), made global news. commercially important fishes (e.g., Auster et al. To summarize, open ocean ecosystems are severely 2003) — that associate with seafloor structures to imperiled despite nations’ and international organi- avoid predation, feed, or breed. Trawling on sea- zations’ management efforts to date. We believe there mounts off Tasmania has apparently eliminated 95 needs to be a different management approach, a shift percent of structure-forming species including corals toward ecosystem-based management built upon the and sponges (Koslow et al. 2001). Structure-forming growing scientific understanding of oceanography animals living in food-poor, cold, deep waters of con- and the interconnections among populations in tinental slopes, midocean ridges, and seamounts are oceanic ecosystems, an approach that makes full use probably especially slow to recover from severe dis- of new scientific understanding and new technolo- turbance (Watling and Norse 1998). The growing gies. Perhaps the simplest, most robust tool for ecosys- MCBi.qxd 2/2/2005 2:41 PM Page 307 Place-Based Ecosystem Management in the Open Ocean 307 tem-based management is the place-based approach, place-based approach for maintaining and recovering protecting certain places temporarily or permanently oceanic species and their ecosystems. Although our from some or all preventable harm. In this chapter we findings should be relevant to many oceanic eco- define reserves as places that are permanently pro- systems, we focus primarily on two contrasting types, tected from all preventable anthropogenic threats. seamounts and the epipelagic (upper 100 m of the We use the qualifying term preventable here because water column) zone, although fishing pressure on place-based approaches cannot eliminate all anthro- continental slopes, on midocean ridges, and in the pogenic threats and impacts; some pollutants, alien mesopelagic zone (100–1000 m depth) has also in- species, pathogens, and effects of global warming do creased in recent decades (Merrett and Haedrich not respect the boundaries people draw (Allison et al. 1997). So far, fishery closures and MPAs that bar cer- 1998; Kim et al., Chapter 9; Lipcius et al., Chapter 19). tain activities (e.g., oil and gas operations) are far Reserves are the most protected of many kinds of more prevalent than fully protected reserves in the MPAs, which we define as areas permanently pro- sea. Roberts and Hawkins (2000) estimate that less tected against at least one preventable threat. Fishery than one-hundredth of 1 percent of the sea is fully closures, another place-based management tool, differ protected in marine reserves. And because most are by having narrower aims rather than broader biodi- coastal and very few are truly oceanic (indeed, there versity and ecosystem integrity goals, and are gener- are no fully protected reserves in international waters), ally temporary. They are often used for rebuilding assessing the potential benefits of oceanic reserves is overfished target populations or for protecting vul- inherently difficult. Thus we must winnow insights nerable life history stages of target species until fish- from temporary fishery closures in the oceanic realm, ing can be resumed. Reserves, other kinds of MPAs, from MPAs in the open ocean that allow some kinds and fishery closures are all place-based tools that can of fishing, from fully protected marine reserves in be used in ocean zoning (Norse, Chapter 25). We be- shelf waters, and from protected areas in nonmarine lieve that networks of protected places that are con- realms. nected through currents and movements of organisms can become effective, self-sustaining tools for avoiding biodiversity loss. Features in a Featureless Ocean In recent years a fast-growing body of theory and On seeing the wavy sea surface stretching to the hori- evidence has indicated that marine reserves can be a zon, it is easy to think of the oceans as uniform, a view powerful ecosystem-based management tool for pro- subliminally reinforced by the featurelessness of tecting and restoring biodiversity and fisheries oceans on most maps (Ray 1988). Yet, one of ocean- (Conover et al. 2000 and papers that follow; Gell and ography’s most important contributions to marine Roberts 2003; Goñi et al. 2000 and papers that follow; conservation biology has been documenting the Houde 2001; Lubchenco et al. 2003 and papers that ocean’s remarkable heterogeneity. Some of this het- follow; Murray et al. 1999; Norse 2003 and papers that erogeneity is driven by topographic features that affect follow; but also see Lipcius et al., Chapter 19). These the overlying water column, but many other patterns studies, however, generally address intertidal or arise from horizontal and vertical water movements nearshore ecosystems. Whether their conclusions can (Boehlert and Genin 1987; Haury et al. 2000; Roden be extrapolated to oceanic ecosystems needs to be de- 1987). Topographic and oceanographic heterogeneity termined. Indeed, there is probably no more stringent create a mosaic of oceanic biodiversity, one different test for the efficacy of the place-based approach than from, but comparable to, terrestrial mosaics. In turn, its application in the open ocean. many oceanic species concentrate at ecotones, which In this chapter we examine the potential of the allow them to use different sets of environmental MCBi.qxd 2/2/2005 308 2:41 PM Page 308 Marine Conservation Biology conditions that homogeneous ecosystems do not their sessile, sedentary, and resident inhabitants. As a offer. result, seamounts are often colonized by structurally complex communities of suspension-feeding sponges, Seamount Oceanography, Biology and Fisheries corals, crinoids, and ascidians (Rogers 1994) that are Seamounts are islandlike biological hot spots in the tend to be dominated by deposit-feeders. rare or absent from surrounding abyssal plains, which open sea, in part because they provide a rare resource: Seamounts are also biomass hot spots because they hard substrate. The hypsographic curve (http://www alter the surrounding water flow in ways that en- .seafriends.org.nz/oceano/ocean13m.gif) shows that hance local productivity (Boehlert and Genin 1987; 53.5 percent of the Earth’s surface (75.3 percent of the Roden 1987). Submerged seamounts and oceanic is- seafloor) is composed of ocean depths between 3 and lands (seamounts that break the surface) often in- 6 kilometers. These are mainly abyssal plains covered duce leeward plumes of elevated productivity due to with fine muds (Seibold and Berger 1993). But inter- localized upwelling, a phenomenon called the island rupting the abyssal seafloor are active or extinct vol- wake effect. Even in the absence of upwelling, sea- canoes, sometimes isolated, sometimes in chains or mounts might support high animal biomass because, clusters. Tens of thousands of these seamounts rise a like shallow fringing coral reefs, they offer a combi- kilometer or more toward shallower, sunlit waters nation of strong currents and structurally complex (Rogers 1994), many of them breaking the surface to seafloor habitat. This allows resident fishes both to form oceanic islands. The tallest, Mauna Kea on feed on passing zooplankters and small fishes (e.g., Hawaii (USA), which is, indeed, the tallest mountain lanternfishes, Myctophidae) in the water column and on Earth, rises nearly 10 km from its abyssal plain. Be- to take refuge amidst seamount structures when ma- cause vertical gradients and stratification create rauding pelagic sharks or tunas arrive. The fishes and pelagic depth zones with different conditions for life, other animals that feed on passing organisms and de- seamounts, which transcend these zones, create their tritus effectively increase seamounts’ filtering area, own benthic depth zonation. providing more food to benthic communities than The ecosystems on steep seamount flanks and pin- might otherwise occur. nacles are different from those continental shelves Seamount surveys have found extremely high (>30 and slopes at similar depths, in part because waters percent) levels of apparent endemism (Richer de that bathe seamounts have much lower sediment Forges et al. 2000), perhaps due to distinctive sea- loads, allowing photosynthesis to occur at greater mount circulation phenomena called Taylor columns. depths. Indeed, the depth record for benthic algae, These large stationary eddies increase the residence 268 m, is from a seamount (Littler et al. 1985). Water time of overlying waters. Taylor columns of sufficient clarity over seamounts must also affect the success of duration would allow eggs and larvae to stay within visual predators that feed on vertically migrating zoo- waters above a seamount until individuals can settle. plankton (Genin et al. 1994; Haury et al. 1995). Having essentially closed populations with negligible No less important, because seamounts can inter- gene flow would favor seamount animals that be- cept ocean currents, causing 100 to 10,000 times more come reproductively isolated endemics. Among the mixing than in waters farther from them (Lueck and first adaptations that might be selected are shortened Mudge 1997), turbulence resuspends and removes larval duration or behaviors that would retain larvae fine sediments from seamount slopes and pinnacles. within Taylor columns. On these sediment-free outcroppings, organisms can The combination of topographically induced settle and thrive without risk of clogging and burial. oceanographic phenomena and hard substrates makes Currents also deliver food to and remove wastes from seamounts islandlike oases in desertlike oligotrophic MCBi.qxd 2/2/2005 2:41 PM Page 309 Place-Based Ecosystem Management in the Open Ocean 309 oceans. Not surprisingly, the abundance of demersal were even less resilient to fishing than coastal species. seamount life and distinctive oceanographic phe- Orange roughy, a long-lived (maximum age >100 nomena attract highly migratory pelagic predators years, maturity at 22–40 years) fish associated with including cetaceans, seabirds, sharks, tunas, and bill- seamounts and banks, exemplifies the inefficacy of fishes. Seamounts also serve as rendezvous where today’s fisheries management for conserving oceanic some epipelagic (e.g., scalloped hammerhead sharks, species (Branch 2001; Koslow et al. 2000). The story is Sphyrna lewini; Klimley 1995) and deep-sea (e.g., or- essentially the same for precious corals, spiny lobsters, ange roughy, Hoplostethus atlanticus; Bull et al. 2001) and pelagic armourhead: fishermen discover a large fishes from wider areas converge to mate or spawn. concentration, quickly deplete it, and move on, while Of course, in a world driven by economics, no the population either recovers very slowly or fails to concentration of useful life goes unnoticed forever. recover (Roberts 2002). Fisheries in deep-sea eco- Benthic and demersal seamount species that fisheries systems are unlikely to be sustainable for target species target include pink and red precious gorgonian corals or biodiversity in general (Merrett and Haedrich 1997; (Corallium spp.), black corals (Antipathidae), gold corals Roberts 2002). But the fact that seamounts are fixed, (Gerardia spp.), spiny lobsters ( Jasus spp.), orange discrete features and are demonstrably being seriously roughy, hoki (Macruronus novaezelandiae), oreos (Ore- impacted makes them the “low-hanging fruit” of osomatidae), pelagic armourhead (Pseudopentaceros oceanic conservation. Temporary fishery closures are wheeleri), rockfishes, wreakfish and hapuka (Polyprion unlikely to be effective in maintaining their biodiver- spp.), and Patagonian toothfish. Most of these are sity because their benthic communities are resident long-lived, late-maturing species, traits that make and long-lived. Protecting them in no-trawling MPAs them especially vulnerable to overexploitation or managing them as fully protected reserves are at- (Roberts 2002; Heppell et al., Chapter 13). Indeed, Pa- tractive alternatives to existing management tools cific rockfishes and gold corals can reach ages up to (Probert 1999). 200 years (Cailliet et al. 2001) and 1,800 years (Drufbottom longlines, but most often trawls—the fishing Epipelagic Oceanography, Biology, and Fisheries gears that cause the most collateral damage to seafloor The vast expanses of the water column also have bio- communities (Chuenpagdee et al. 2003)—are used. logical hot spots; some pelagic areas have far higher Because habitat-forming corals and sponges are both species diversity (Worm et al. 2003) or productivity vulnerable to trawl damage and long-lived, recovery (Polovina et al. 2000) than others. Phenomena that from trawling can take years, decades, or centuries, cause heterogeneity away from topographic highs in- much like recovery from forest clearcutting (Watling clude upwelling at divergences, fronts such as con- and Norse 1998; Watling, Chapter 12). This makes vergence zones between water masses and eddies spun trawling the greatest threat to the world’s seamount off from ocean currents (Hyrenbach et al. 2000). Up- benthic and demersal species. The pelagic fishes that welling brings nutrients from deeper waters into the are caught over seamounts are the same species we ex- euphotic zone. This stimulates phytoplankton pro- amine in the next section. duction above background values, leading, in turn, to fel et al. 1995), respectively. Some fishes are taken with The development of industrialized fishing in the zooplankton blooms, which attract planktivorous decades after World War II allowed fishermen to re- squids and fishes such as anchovies (Engraulidae), duce fish populations in coastal waters, compelling lanternfishes, small carangids and their predators such them to journey further and deeper to find new “un- as common dolphins (Delphinus delphis), Cory’s shear- derutilized” species to replace ones they had depleted. waters (Calonectris diomedea), Atlantic blue marlin Unfortunately, the new targets of distant water fleets (Makaira nigricans), bigeye thresher sharks (Alopias su- 2/2/2005 310 2:41 PM Page 310 Marine Conservation Biology perciliosus), and Humboldt squid (Dosidicus gigas). Var- a. ious frontal features between water masses with different temperatures or salinities concentrate oceanic predators and their prey (Figure 18.2). Among three possible reasons are (1) steep temperature or water clarity gradients are barriers to movement, (2) convergence flow at fronts aggregates buoyant or weakly swimming prey, or (3) temperature gradients allow epipelagic species to feed in food-rich cooler waters and then accelerate digestion and growth in warmer waters. Convergence zones between water masses are often visible as surface drift lines. Detached seaweeds, logs, and flotsam collect at these fronts, providing b. Survey effort (time) Flying birds Feeding / sitting birds hard substrates for invertebrates such as Lepas gooseneck barnacles and attracting small fishes, young loggerhead sea turtles (Caretta caretta), and larger predators such as dolphinfish (Coryphaena hippurus), yellowfin tunas (Thunnus albacares), blue (Prionace glauca) and oceanic whitetip sharks. Frontal features may be essentially permanent, seasonally predictable, or unpredictably episodic. Even those that are permanent can move hundreds of kilometers throughout the year or from year to year (Hyrenbach et al. 2000). Large oceanic species, including blue whales (Balaenoptera musculus), northern elephant seals (Mirounga anguirostris), Laysan albatrosses (Diomedea immutabilis), leatherback and loggerhead sea turtles, albacore tuna (Thunnus alalunga), bluefin tunas, and mako sharks (Isurus spp.), appear to divide their lives between loitering (and apparently feeding) in places with elevated chlorophyll concentrations (Block et al. 2002; Hyrenbach et al. 2002; Polovina et al. 2000) and moving quickly across expanses of oligotrophic waters, where they apparently feed very little. Food-rich patches are often transitory, disappearing when discontinuities break down or when predators deplete prey abundance. Many large oceanic species spawn, nest, or calve only in certain places, perhaps where they can optimize the balance between food availability and predation risk for their young. To reach breeding areas they journey hundreds or even thousands of kilometers. Fisheries target pelagic species including Pacific Proportion (%) MCBi.qxd 0.8 0.7 0.6 0.5 0.4 0.3 0.2 0.1 0.0 Onshore On-front Front Off-front Offshore Location F I G U R E 1 8 . 2 . Aggregation at fronts by short-tailed shearwaters (Puffinus tenuirostris). 18.2a: Approximately 9 to 20 million short-tailed shearwaters migrate from their breeding grounds in Tasmania (Australia) to the Bering Sea, where they aggregate along tidal fronts to feed on euphausiid swarms during the boreal summer (photo: D. Hyrenbach). 18.2b: North of St. Paul Island, Alaska (USA) in August 1989, 78 percent of short-tailed shearwaters feeding or sitting on the water were sighted along a 7.2 km frontal zone, with far fewer birds sighted along 3.6 km zones immediately inshore and offshore. Aggregations of feeding shearwaters within this narrow frontal zone regularly surpassed 1,000 birds km2, with dense flocks reaching densities up to 10,000 to 25,000 birds km2. Data from Hunt et al. (1996). MCBi.qxd 2/2/2005 2:41 PM Page 311 Place-Based Ecosystem Management in the Open Ocean 311 salmon (Oncorhynchus spp.), Atlantic salmon (Salmo by Sladek Nowlis and Friedlander, Chapter 17. Ac- salar), tunas, wahoo (Acanthocybium solandri), and cording to Botsford et al. (2003), “For species with swordfish (Xiphias gladius). Oceanic drift gillnetting high rates of juvenile and adult movement, individ- and longlining operations also kill many animals with uals spend too much time outside of reserves for the little or no market value, including marine mammals, reserves to provide sufficient protection.” These sci- albatrosses, petrels, and sea turtles. Although some entists’ views are echoed by some managers; for in- large oceanic species (e.g., dolphinfish) are fast-grow- stance, the US Gulf of Mexico Fishery Management ing and early maturing, which makes them relatively Council (1999) states, “Marine reserves are most ap- resistant to overfishing, many are slow-maturing and propriate for species that are relatively sedentary, such long-lived (Musick 1999; Wooller et al. 1992; Heppell as snappers and groupers, or for species that have spe- et al., Chapter 13), making them, like demographi- cific nursery sites, such as coastal sharks. Reserves are cally similar demersal seamount species, particularly likely less appropriate for migratory species, such as vulnerable to overfishing. mackerel, tuna and billfish.” Protecting, recovering, and sustainably exploiting In recent years, however, scientists and policy ex- epipelagic species is an extraordinary challenge be- perts have begun to consider marine reserves in the cause these species are wide ranging, their habitats open oceans (e.g., Gjerde and Breide 2003; Hooker move, they live far from observers and enforcers, and and Gerber 2004; Hyrenbach et al. 2000; Mills and fishermen have an ever-growing arsenal of powerful Carlton 1998). Moreover, resource management agen- technologies to catch them. Moreover, as with sea- cies such as the US National Marine Fisheries Service mount species, the majority of the realm where they have been compelled to close large areas to US pelagic dwell—the high seas—is the least protected part of fishing off Hawaii, the South Atlantic states, and New the Earth’s surface. England (Department of Commerce 1999, 2000, 2001) to protect nontarget organisms such as billfishes and The Need for Place-Based Conservation in the Open Ocean sea turtles. A modeling study of Mediterranean hake (Merluccius merluccius) led Apostolaki et al. (2002) to conclude that “yield and SSB [spawning stock bio- The concept of protecting places has fundamentally mass] benefits can be obtained through the use of a changed conservation worldwide on land, in fresh marine reserve even for highly mobile fish and un- waters and, increasingly, in nearshore waters. But derexploited fisheries.” The US National Research until recently there has been little evidence that sci- Council (Houde 2001) finds that, “When the mobility entists view protecting ecosystems as a viable conser- of adults is high, as in many pelagic and migratory vation tool for the open ocean. For example, Angel fish species, reserves have often been discounted as an (1993) says, “The scales of oceanic systems are so effective management tool . . . [but] even for highly large that the methodologies developed for terrestrial migratory species such as swordfish (Xiphias gladius) conservation are inapplicable.” Agardy (1997) be- or tunas, MPAs that protect nursery areas or vulnera- lieves that “it is notoriously difficult to attach bound- ble population bottlenecks may be effective manage- ary conditions to marine ecological processes . . . this ment tools.” holds true not only for open ocean pelagic environments but for coastal zones as well.” The idea of epipelagic reserves is dismissed by some experts. Par- Challenges to the Place-Based Approach rish (1999) believes that for species with highly In response to the loss of biodiversity and resources pelagic or migratory behavior, marine reserves will do that humans value economically, place-based conser- little toward achieving optimum yield, a view shared vation began to extend from the land into nearshore MCBi.qxd 2/2/2005 312 2:41 PM Page 312 Marine Conservation Biology marine ecosystems in the 20th century. Increasing migrate, forage, and breed, reserves could protect recognition that the entire world ocean is losing many habitat hot spots by incorporating a novel design of its large animals means that humankind will need concept: dynamic boundaries. to extend protection of places into the open ocean in Let us examine the diversity of considerations in es- the 21st century. The greatest challenge to place-based tablishing networks of protected places in the open conservation in the open ocean, as with conservation oceans. in general, is not so much scientific understanding as the human dimensions, especially political commit- Highly Migratory Species ment: Do people who make key decisions consider life A central question is whether ecosystem-based man- on Earth important enough to protect and recover it agement can help conserve highly migratory species in the face of pressure to continue current practices? that visit places only sporadically. The fact that large For the open ocean the portents are mixed, ranging pelagic species concentrate in certain places at certain from somewhat encouraging (International Whaling times—which makes them fishable in waters where Commission, Convention on the Conservation of their average density is very low—also allows their Antarctic Marine Living Resources) to woefully disap- protection in appropriately designed reserves, other pointing (International Commission for the Conser- MPAs, or fishery closures. Roberts and Sargant (2002) vation of Atlantic Tunas). suggest five ways in which migratory species can ben- Even if legislators and managers decide that biodi- efit from fixed-boundary marine reserves. (1) Many versity loss and collapsing fisheries must be avoided, migratory species travel through physical bottlenecks there are significant scientific, technological, eco- during their life cycle—for example, when they ag- nomic, and legal challenges to place-based conserva- gregate to spawn—and fisheries often target them in tion in the open ocean. Because most of the open these vulnerable locations. Reserves, less protective ocean lies in international waters, questions concern- MPAs, or temporary fishery closures sited in these ing responsibility for protecting oceanic biodiversity bottlenecks could significantly reduce fishing mortal- are likely to loom larger than scientific and techno- ity. (2) Single-species closed areas have already been logical challenges. Strong international agreements shown to boost yields of migratory species through and mechanisms to ensure compliance are needed for protection of juveniles from premature capture; for place-based conservation to become an effective con- example, Atlantic mackerel (Scomber scombrus) in servation tool. There are no insurmountable scientific southern England (Horwood et al. 1998). Further- or technological hurdles to creating seamount pro- more, (3) protection from fishing disturbance on tected areas because they don’t move and their ben- spawning grounds may increase spawning success. thic and demersal species are mainly residents. If sea- Nearshore spawning aggregations of northern cod mount populations are largely self-recruiting, it could (Gadus morhua) in Canada were trawled through 600 be easier to protect places to maintain and recover to 1,880 times per year before the fishery was closed, their species composition, structure, and ecosystem and some shoals might have been trawled hundreds of functions than in coastal waters, where species have times per week at peak fishing intensities (Kulka et al., more open populations. In contrast, protecting 1995). Trawls disrupted aggregations for up to an hour epipelagic species and habitats not associated with after passage, and could have caused considerable but fixed benthic features is more challenging because unknown stress to fish (Morgan et al. 1997). (4) Indi- pelagic hot spots are often ephemeral or shift posi- rectly, migratory species could benefit from habitat tions on short time scales, and because most of their protection from damage by fishing gears in reserves. large inhabitants are highly migratory. However, be- Finally, (5) many supposedly migratory species appear cause many pelagic species use predictable habitats to to have more sedentary individuals that remain MCBi.qxd 2/2/2005 2:41 PM Page 313 Place-Based Ecosystem Management in the Open Ocean 313 within breeding grounds year-round and could bene- fowl Habitat Areas of Major Concern (http://www fit from fixed-location reserves. .birds.cornell.edu/pifcapemay/pashleywarhurst.htm), Nonmarine realms offer marine conservation biol- including prairie potholes and other wetlands where ogists important precedents for protecting migration millions of ducks feed and nest. The combination of routes and feeding, breeding, or nursery grounds. For strong nesting habitat protection in some places and instance, whooping cranes (Grus americana), which well-regulated exploitation outside reserves led to re- can migrate >4,000 km, had a very close brush with covery of most duck populations and high, yet sus- extinction due both to overexploitation and destruc- tainable, levels of hunting. tion of their wintering habitat (Lewis 1986). Estab- Migratory corridors for terrestrial megafauna such lishment of Wood Buffalo National Park, Northwest as pronghorns (Antilocapra americana) often occupy Territories (Canada), protected the crane’s breeding very restricted, predictable portions of the landscape grounds, while Aransas National Wildlife Refuge, (Berger 2004). Protecting these areas has disporpor- Texas (USA), protected remnants of their wintering tionately high conservation benefit. habitat. Whooping cranes spend most of their time in Protection of spawning habitat and migratory corri- reserves and are largely safe from hunting outside re- dors used by heavily exploited migratory species is serves thanks to protection under Canadian and US hardly unfamiliar to marine scientists. A central reason laws. The combination of conserving key habitats for the survival of extant populations of Pacific salmon and strong efforts that reduced mortality outside re- (Hilborn, Chapter 15), some of which migrate thou- serves has been essential to their recovery. sands of kilometers, has been protection of streams Highly migratory species do not need to spend a where these fishes spawn and undergo early develop- major fraction of their time in protected places to ful- ment. Similarly, a number of nations protect localized fill key conservation goals. Red knots (Calidris canutus) herring spawning areas in temperate coastal regions to and other shorebirds migrate as far as 10,000 km from allow successful reproduction and egg survival. In trop- breeding grounds on the Canadian tundra to Ar- ical waters, snappers (Lutjanidae) and groupers (Ser- gentina. Along the way they depend on a small num- ranidae) often migrate tens or hundreds of kilometers ber of Atlantic estuarine mudflats having the abun- to spawning aggregation sites. Intensive fishing has ex- dant food needed to replenish fat deposits. Because tirpated many such aggregations throughout the trop- loss of these areas would devastate shorebird popula- ics (Sala et al. 2001), with consequential population- tions, Manomet Center for Conservation Sciences or- wide depletion for the species involved. Recognizing ganized the Western Hemisphere Shorebird Reserve that protection of spawning aggregations is essential for Network of stepping-stone protected areas along fishery sustainability, the US Virgin Islands seasonally migration routes (http://www.manomet.org/WHSRN/ closes an aggregation site for red hind groupers (Epi- history.htm). Although shorebirds spend only a brief nephelus guttatus) to fishing. Although it only covers 1.5 time within the stopover and staging areas thereby percent of the islands’ shelf fishing grounds, the closure protected, this network is crucial to their conservation. has led to populationwide increases in size of these Heavily exploited highly migratory species can also groupers (Beets and Friedlander 1999). Fisheries for benefit from protection of key habitats. Most North northern bluefin tuna in the Mediterranean have tra- American ducks (Anatinae) are highly migratory. In ditionally targeted them at bottlenecks where they mi- the 1980s and ’90s, Canada, the United States, and grate close to coasts and through narrow straits (Cush- Mexico joined in the North American Waterfowl Man- ing 1988). Protection of bottlenecks for this and other agement Plan, a continent-scale effort to restore duck pelagic species could offer them significant protection. populations to their 1970s levels (Williams et al. These examples clearly show that place-based con- 1999). The core of this effort is protecting 34 Water- servation can be essential for conserving species that MCBi.qxd 2/2/2005 314 2:41 PM Page 314 Marine Conservation Biology range far beyond protected area boundaries, including umn could affect seamount demersal and benthic species that use reserves for relatively brief periods and communities. First, the longlines used at these sites that are subjected to heavy human predation outside average nearly 50 km in length, so lost gear armed reserves. There is nothing about the open ocean that with thousands of hooks could harm seafloor biota would negate the efficacy of place-based conservation through “ghost fishing.” Second and more impor- so long as people don’t defeat its purpose by inter- tant, the presence of fishing boats would greatly com- cepting migrants as soon as they leave the protected plicate some potentially potent monitoring and en- area, a phenomenon called “fishing the line.” forcement methods; radar satellite observations of vessels might not be able to distinguish between per- Benthic–Pelagic Coupling mitted and illegal gear types (personal communica- Place-based conservation aims to protect function- tion with John Amos, SkyTruth, Shepardstown, West ally intact ecosystems. The previous section addressed Virginia, USA). Finally, as Australian government sci- horizontal ecological linkages. Although vertical strat- entists acknowledged, there are trophic linkages be- ification is more important in open ocean ecosystems tween seamounts’ benthic and pelagic communities than on land, at least four key processes link various via consumption of vertically migrating animals. Be- depth strata: (1) primary production from the eu- cause some large pelagic animals (e.g., swordfish, photic zone rains organic particles to the seafloor; (2) tunas, elephant seals, beaked whales) forage in the diel vertical migrators transfer energy and nutrients mesopelagic zone, fishing in overlying waters could from the epipelagic zone to the depths; (3) diel verti- affect seamount benthos. To our knowledge, there cal migrators are eaten by epipelagic, mesopelagic, has been no research addressing the role of large pred- and seamount species; and (4) larvae of many benthic ators in coupling pelagic and benthic seamount com- species live, feed, and face risk of predation in the munities, but there is one precedent from shallower epipelagic zone until they settle. Despite these obvious waters suggesting that this third consideration merits vertical linkages, some supporters of protection of study. benthic communities on seamounts question whether In experiments on Grand Bahama Bank (Bahamas), there is any reason to protect pelagic species in their Hixon and Carr (1997) found that there is strong den- overlying waters. For example, Australia established sity-dependent mortality in postsettlement resident the Tasmanian Seamount Marine Reserve (http://www planktivorous blue chromis (Chromis cyanea) only .deh.gov.au/coasts/mpa/seamounts/index.html) in when both resident piscivores (mostly groupers) and 1999 to protect about 70 untrawled seamounts that visiting piscivores (mostly jacks, Carangidae) were peak from 1,940 to 660 m below the surface. Bottom present. Like some seamount fishes (e.g., rockfishes), trawling, the fishing method that causes the most col- blue chromis aggregations rise from the shelter of the lateral damage (Chuenpagdee et al. 2003), is banned spatially complex shallow coral fore reef matrix to in this MPA, a sound management decision given the feed in the water column. In the absence of transient profound difference between untrawled and trawled predators, predation on blue chromis by resident pred- seamount ecosystems in this area (Koslow et al. 2001). ators is relatively low. But when transient predators But this MPA is not a true marine reserve: longlining approach, blue chromis dive for cover among the for southern bluefin tuna (Thynnus maccoyii) and corals, making them more vulnerable to resident pred- other large pelagic fishes, purse seining, squid jig- ators. It would be surprising if the synergism between ging, and noncommercial fishing are allowed in these two guilds of coral reef predators did not operate the water column as deep as 500 m over protected on some seamounts (except, quite probably, with con- seamounts. sequences that play out much more slowly). The as- There are several ways that fishing in the water col- sumption that fishing in waters overlying seamounts is MCBi.qxd 2/2/2005 2:41 PM Page 315 Place-Based Ecosystem Management in the Open Ocean O O FP a. 315 FP b. F I G U R E 1 8 . 3 . Week-to-week changes in phytoplankton (chlorophyll a) concentration in oceanic ecosystems near Hawaii (USA) based on MODIS Aqua ocean color images. Main Hawaiian islands are in black; light patches are areas of higher chlorophyll a concentrations. 18.3a represents 25 January to 1 February 2004; 18.3b represents 2 to 9 February 2004 (NOAA Coast Watch Central Pacific Node Remote Sensing Archives, available at http://coastwatch.nmfs .hawaii.edu/ocean_color/aqua_color_archive.html). not a consequential management issue, and that fully displacement of such key ecosystem features. Not protected reserves are therefore unnecessary for sea- only do place-based ecosystem managers have to over- mounts, could benefit from critical examination. come widespread lack of understanding that the open ocean has places; they also have to deal with key eco- Ecosystems That Move system features that move and change shape. On land, protecting places, however difficult, is not as our terrestrially shaped minds. People fully under- Monitoring, Compliance, and Enforcement Issues stand that there are places on land and are accustomed Once, oceanic species and ecosystems were safe from to dealing with maps, fences, and strong penalties for anthropogenic harm because people were loath to violating boundaries (EAN once saw a sign at a forest venture too far offshore and fishing technologies edge in North Carolina, saying “No trespassing. Sur- could not find or reach animals that were too deep or vivors will be prosecuted.”). But people have much too fast. But the increasing adoption of new tech- less sense of place in the ocean. A precondition for nologies, especially in the last two decades, has dra- place-based marine conservation is a broader under- matically increased fishing power, eliminating de standing that the sea actually has places with distinc- facto refuges in the oceanic realm by turning the sea tive attributes. transparent and allowing fishermen to expand fishing difficult as doing so in the sea. One reason comes from On land, in the rocky intertidal, in shallow-water grounds into the world’s remotest places, where they coral reefs, and in oceanic ecosystems such as mido- can fish on previously inaccessible habitats, including cean ridges and seamounts, ecosystems don’t move at rough, steep bottoms down to 2 km. Technology has speeds humans can perceive. But some pelagic eco- shifted the balance overwhelmingly against fishes. systems can move kilometers or even tens of kilome- But technology can also help to protect and recover ters per day: particular isotherms, oxyclines, eddies, oceanic ecosystems. fronts, upwelling at divergence zones, and floating ob- A number of existing technologies could be used jects aggregated at convergence zones (Figure 18.3a singly or together to ensure the effectiveness of and 18.3b). Any effective pelagic reserve, MPA, or oceanic fishery closures, MPAs, or fully protected re- fishery closure will have to account for the appear- serves. Even in the epipelagic zone, where fishes are ance, disappearance, expansion, contraction, or lateral not always easy to find and their habitats move, man- MCBi.qxd 2/2/2005 316 2:41 PM Page 316 Marine Conservation Biology agers can determine important areas deserving pro- high seas, a necessary complement to MPAs. Despite tection by using new electronic tags to trace species’ these obstacles, there is growing hope that the inter- movements and behavior. They can emulate fisher- national community may be willing to take major men by downloading daily images of oceanographic steps within the next few years to enable this vision to conditions known to attract particular species com- become a reality (Gjerde 2003). munities. Indeed, they can use data from researchers The United Nations Convention on the Law of the that correlate tagging data with oceanographic data so Seas (UNCLOS, 1982) provides the legal basis for high that specific oceanographic phenomena become a seas MPAs, including oceanic reserves (Warner 2001). proxy for the oceanic habitats used by fishes. Using UNCLOS establishes unqualified obligations to protect these data, managers could then set dynamic reserve and preserve the marine environment and to cooper- boundaries and broadcast the coordinates to fisher- ate in conserving living resources. This includes the men frequently, even daily. specific obligation to take necessary measures “to pro- Compliance of fishermen in nearshore areas is es- tect and preserve rare or fragile ecosystems as well as sential to the success of protected areas (Walmsley and the habitat of depleted, threatened or endangered White 2003), and this is even more true in the open species and other forms of marine life” (Art. 194(5)). ocean. Fortunately, oceanic fishermen, who tend to be As there is general agreement that UNCLOS is so ahead of enforcement personnel technologically, can widely accepted among States that it also represents readily determine their precise locations vis-à-vis customary international law, its environmental obli- those of closed areas by using global positioning sys- gations apply to all States, not just those that have ex- tems, which are commonplace in oceangoing vessels. pressly agreed to adhere to the treaty (Scovazzi 2004). Enforcement officials can use vessel monitoring sys- The rights of States to exercise high seas “free- tems (VMSs) and various kinds of tamper-proof event doms” such as fishing, navigation, the laying of sub- data recorders (EDRs), including video, to determine marine cables and pipelines, marine scientific re- the locations of fishing vessels relative to closed area search, and construction of artificial islands and other boundaries. VMSs and EDRs can also help to distin- installations are subject to the conditions laid down in guish innocent passage from illegal fishing, and offi- UNCLOS, including the responsibility to protect and cials can seek independent verification with radar preserve the marine environment and conserve ma- satellite images, which can “see” at night and through rine living resources, as well as other rules of interna- cloud cover, to detect vessels that enter reserves. As- tional law (Art. 87) (Kimball 2004). Nevertheless, the suring compliance with moving boundaries would jurisdictional framework established in UNCLOS and pose novel conceptual challenges, no doubt, but is its lack of a well-developed system for enforcement within easy technological reach. with respect to high seas environmental and conservation obligations means that there are few mecha- High Seas Jurisdiction nisms to assist States who want to protect high seas Establishing networks of oceanic reserves, other MPAs, biodiversity. The present system leaves many oppor- and fishery closures on the high seas will be a major tunities for States to avoid taking responsibility for challenge under current international law. Though their own action or that of their citizens or “flag” the legal basis exists for sovereign States to agree to ships registered in their country. protect discrete areas of the high seas environment, In waters subject to national jurisdiction (out to there are three major obstacles: (1) the need to secure 200 nautical miles from shore) and on their legally de- the agreement of affected nations, (2) the difficulty of fined outer continental shelf when it extends beyond enforcing regulations, and (3) the lack of an adequate 200 nm (set by a complex formula under UNCLOS framework for ecosystem-based management of the Article 76), coastal States may regulate the resource- MCBi.qxd 2/2/2005 2:41 PM Page 317 Place-Based Ecosystem Management in the Open Ocean 317 related activities of their own citizens and foreign na- regional adoption of “Specially Protected Areas of tionals. They may establish and enforce protected Mediterranean Importance” on the high seas. The areas for these activities. Within 200 nm, coastal States Mediterranean States have already agreed to recognize also have broad powers of environmental protection, and protect the Pelagos Sanctuary for Mediterranean balanced with rights of other States to navigation and Marine Mammals in the Ligurian Sea, 50 percent of overflight, and the laying of submarine cables and which is in international waters. The OSPAR Conven- pipelines (UNCLOS Art. 58). But beyond national ju- tion for Protection of the Northeast Atlantic also fore- risdiction the situation is very different. On the high sees establishment of protective measures, including seas beyond 200 nm (including above their outer con- MPAs, throughout the maritime area covered by the tinental shelf), States may only regulate the behavior agreement, a large part of which is high seas. of their nationals and ships flagged under their laws. Thus regional agreements between likeminded Moreover, “flag States” are the only States with au- States can provide a high degree of recognition and thority to enforce regulations against their ships while protection to discrete high seas areas, based on the on the high seas, unless otherwise agreed by the States willingness of the States to police their own citizens concerned. Thus, despite strong environmental and and ships (Young 2003). However, these regional conservation obligations under international law to agreements must still secure widespread endorsement refrain from damaging activities, each State must and compliance. In Antarctica, the consent of fishing agree to regulate its nationals and ships regarding ac- States that are members of the Commission for the tivities that may affect a high seas MPA or reserve. It Conservation of Antarctic Marine Living Resources is therefore important to involve at least all the States (CCAMLR) must first be obtained before a marine whose activities may affect the site. These States may ASPA is established. In the Mediterranean, the con- act individually or decide to enter into an agreement: cerned States have realized they have little ability to for example, States that are members of a regional control illegal actions of vessels from outside the re- fishery management organization (RFMO) may agree gion affecting the Pelagos Sanctuary and its protected to close a particular area to fishing. States seeking to cetaceans. In the northeast Atlantic, the States have establish an oceanic reserve therefore must convince ceded responsibility to regulate fisheries to the Euro- other nations that the benefits of protecting these eco- pean Union and the Northeast Atlantic Fisheries Com- systems outweigh the short-term costs and inconven- mission, and thus have agreed not to address fisheries ience, in addition to legal arguments. impacts under the OSPAR Convention. To have effec- The good news is that States have already reached tive networks of areas protected from harmful activi- agreement to establish highly protected areas in inter- ties, a high level of international cooperation and national waters in several important regions. The Pro- consistent application of ecosystem-based and pre- tocol on Environmental Protection to the Antarctic cautionary approaches will be essential. More detailed Treaty (1991) envisages the development of a full range agreements and appropriate mechanisms may be of “Antarctic Specially Protected Areas,” including needed. marine areas, to protect “outstanding environmental, Developments in international fisheries law may be scientific, historic, aesthetic, or wilderness values, or of prime importance in the future evolution of high ongoing or planned scientific research.” Entry is pro- seas closures, MPAs, and reserves. The 1995 UN Agree- hibited without a permit. There are now six fully ma- ment on Straddling Fish Stocks and Highly Migratory rine “Antarctic Specially Protected Areas” (ASPAs) in the Fish Stocks (UN Fish Stock Agreement [FSA]) was de- Southern Ocean. The Protocol on Specially Protected veloped to implement the provisions of UNCLOS with Areas and Biodiversity to the Barcelona Convention for respect to fish stocks crossing national and interna- the Mediterranean (1995) has provisions to enable the tional waters. Articles 5 and 6 contain significant en- MCBi.qxd 2/2/2005 318 2:41 PM Page 318 Marine Conservation Biology vironmental obligations, calling for States party to the agreed conservation and management measure that agreement to (1) minimize the impact of fishing on must be complied with to gain access to the fish stock; nontarget, associated, and dependent species, and eco- support from key fishing nations; and strong enforce- systems; (2) protect habitats of special concern; (3) ment measures. However three weaknesses remain apply the precautionary approach; and (4) protect bio- obstacles to using the UN FSA as a vehicle for net- diversity. Thus it clearly envisages areas closed to fish- works of high seas reserves and MPAs: ing activities, not just for the management of fish stocks but also for the protection of biological diversity. The UN FSA is also a significant precedent because 1. Only 51 States are parties to the UN FSA, though this now includes all 15 members of the Euro- of its provisions clarifying the duty of States party to pean Union, the United States, Russia, Norway, the agreement to cooperate to conserve high seas liv- India, Brazil, Ukraine, and several South Pacific ing resources and enabling nonflag States to enforce nations. conservation measures. The UN FSA requires States to 2. It only applies to fish stocks that straddle na- collaborate through regional fisheries management tional and international waters and to highly organizations or less formal arrangements. States migratory fish stocks such as tunas and swordfish, wishing to fish on a stock already subject to agreed and not to discrete high seas fish stocks, such as conservation and management measures must either orange roughy dwelling on midocean seamounts. join the relevant RFMO or arrangement, or must abide 3. It is only slowly being incorporated by regional by the applicable conservation measures. It further re- fisheries management organizations, the quires flag States to exercise serious oversight and implementing arm for this agreement. control over its vessels authorized to fish on the high seas (de Fontaubert and Luchtman 2003). Moreover, agreements pursuant to the UN FSA would To encourage compliance, the UN FSA recognizes not be able to control other potentially harmful activ- the right of nonflag States to take enforcement action ities. This would require petitioning other interna- against foreign vessels on the high seas. This is still tional agencies, such as the International Maritime Or- couched in very moderate language within complex ganization for regulations to prevent shipping impacts, formulas to prevent abuse, but it marks a significant and the International Seabed Authority for protection recognition by States of the need to respond to lax from mining activities. Certain key mechanisms com- compliance and poor enforcement by flag States in monly used in national waters to provide a framework the past. It also recognizes the right of a port State for sustainable management outside of protected areas, (when a fishing vessel voluntarily enters its ports) to such as environmental impact assessments and spatial enforce agreed conservation measures. Recent ad- planning/zoning would still be lacking. vances in satellite remote sensing and global posi- Nevertheless, there is reason to hope. Recent events tioning technology, coupled with a heightened naval have shown that the international community has fi- interest and involvement, means that earlier problems nally recognized the need to conserve and sustainably of monitoring vessel activities may soon be a thing of use high seas biodiversity and is committed to taking the past. action (Kimball 2004). At the World Summit on Sus- High seas reserves, MPAs, and fishery closures es- tainable Development in Johannesburg in 2002, world tablished by a regional fisheries management organi- leaders agreed to “maintain the productivity and bio- zation that fully reflect the principles and provisions diversity of important and vulnerable marine areas, of the UN FSA would thus contain several of the key including in areas beyond national jurisdiction.” They ingredients necessary for successful management and further called for adoption of the ecosystem-based ap- protection: recognition of the protected area as an proach in the marine environment, the elimination of MCBi.qxd 2/2/2005 2:41 PM Page 319 Place-Based Ecosystem Management in the Open Ocean 319 destructive fishing practices, and the establishment of two kinds of protected places, ones that conserve bio- MPAs, including representative networks by 2012 and diversity in features that don’t move and others that time/area closures for the protection of nursery focus on features that move on timescales as short as grounds and periods. Such protected areas, they un- days. derscored, must be consistent with international law and based on scientific information. Protecting Ecosystems with Fixed Boundaries The United Nations General Assembly (UNGA) has Many seamounts, submerged mountain ranges, and endorsed these commitments and further called for submarine canyons have benthic communities dom- urgent consideration of ways to improve manage- inated by deep-sea corals and sponges, which scien- ment of risks to marine biodiversity on seamounts, tists increasingly consider high conservation priorities cold-water coral reefs, and certain other underwater (MCBI 2004). Tunas, billfishes, marine mammals, features. For areas beyond national jurisdiction, the seabirds, and sea turtles often congregate in waters UNGA has invited relevant international and regional above these features where they can forage on organizations to consider urgently how to better ad- epipelagic or vertically migrating fishes, crustaceans, dress risks, on a scientific and precautionary basis, or squids. Protecting these places can safeguard the how to use existing treaties and other relevant instru- most vulnerable benthic communities and allow large ments to do so, to identify marine ecosystem types pelagic fishes to spawn or feed where their aggrega- that warrant priority attention, and to explore a range tions would otherwise make them most vulnerable to of potential approaches and tools for their protection fishing. Static features are the easiest oceanic places to and management (UNGA Res.A/58/240). The States protect because their locations can readily be identi- party to the Convention on Biological Diversity have fied by fishermen and enforcement officials alike. To also expressed their concern and called for urgent ac- be effective, however, establishing the boundaries for tion (Dec. VII/5, paras. 61–62). Thus we can expect to these areas may well require ecological understanding see significant progress on these issues over the next that goes beyond drawing lines around the features. several years. As Hooker et al. (2002) note, surrounding areas may It is clear that support from the scientific commu- provide crucial food subsidies to species that forage nity will be essential to developing the scientific basis above fixed features, so incorporating protected buffer for place-based conservation in the open ocean. Just as areas around features to be protected will provide important, the support of the scientific community is needed insurance for fixed protected ecosystems in essential to educate policy makers on the importance the open ocean. and significance of high seas biological diversity and ally agreed action to provide for ecosystem-based and Protecting Ecosystems with Dynamic Boundaries precautionary management. Although terrestrial ecosystems can undergo dramatic ecosystem processes, and of the need for internation- seasonal or episodic shifts in vegetation phenology Options for Conserving Ecosystems in the Open Ocean and animal populations, protected places on land have fixed boundaries, reflecting humans’ relatively static concept of place in the terrestrial realm. So do Networks of fishery closures, MPAs, and fully pro- existing MPAs. But, as explained earlier, many key tected reserves in the open ocean, whether within na- habitats for large pelagic species shift or appear and tions’ EEZs or on the high seas, will have to reflect disappear with changing oceanographic conditions. new understanding, new opportunities, and new There are two ways for decision makers to conserve kinds of international cooperation. We can envision life in dynamic pelagic hot spots. One is to protect MCBi.qxd 2/2/2005 320 2:41 PM Page 320 Marine Conservation Biology areas large enough to encompass shifting or ephem- kinds of commercial, subsistence, or recreational fish- eral habitats wherever they are. MPAs of enormous ing), and others in permanent MPAs and reserves. The size are not unprecedented: The Indian Ocean Whale central question in achieving an acceptable balance is, Sanctuary established by the International Whaling How can managed areas protect enough of the open Commission in 1979 prohibits whaling throughout ocean to maintain and recover biodiversity to accept- the Indian Ocean north of 55°S. But this is a single- able levels without making so much off limits that fish- purpose MPA; fishing for other marine life is allowed eries cannot be profitable and productive in the short there. Fully protected reserves of that scale seem eco- term? A promising ecosystem-based management tool nomically and politically unfeasible for the foresee- to do this is creating networks of protected areas. able future. An alternative—one that requires more Networks are collections of protected places having creative thinking—is to protect shifting habitats as the emergent property of conserving more effectively they move, reflecting decadal, interannual, seasonal, as a whole than they would if their protected places lunar, or even daily shifts in pelagic habitats. Of were not connected. Consider an oceanic species course, designing such fishery closures, MPAs, or re- whose single population feeds only in one place, serves with flexible boundaries requires comprehen- breeds only in another, and migrates between them. sive observations of changing ocean conditions, sci- Without knowing where and when it feeds, breeds, entific understanding about habitat needs, and the and moves between these areas, one way to conserve wealth of understanding that fishermen have gained it is permanently protecting enough to be certain through experience and observation. New tagging that the area includes all of the above. An alternative technologies and satellite observation of ocean con- that can put far less of the ocean off limits, however, ditions make this possible for the first time. is to protect only its actual feeding area, breeding area, Bluefin tuna schools, for example, aggregate along and the migration route that connects them. Indeed, temperature fronts in the Gulf of Maine that separate some of these protections can be temporary. Of warm and cooler water masses. Fishermen use satellite course, this approach requires meaningful quantita- temperature maps to help find these schools. The tive knowledge of where these places are and when same temperature data they use could also be used by they are occupied by the species communities of con- managers to set protected area boundaries—even on cern. Moreover, the foregoing example constitutes a day by day basis—and the coordinates of the pro- the simplest of networks. As the number of places and tected areas broadcast to the fishing fleet. There is no interconnections increase, as occurs in species that legal or technological reason why protected areas with have metapopulation structure (Lipcius et al., Chapter dynamic boundaries cannot be used to protect pelagic 19), networks must become more complex to reflect species. the biological realities in a dynamic ocean. Networks, then, are ways to provide near-maximum conserva- Networking Reserves and Other PlaceBased Ecosystem Management Areas tion benefits while reducing regulation consistent with achieving conservation objectives. Network designs for seamounts and epipelagic spe- Just as fishermen want the freedom to fish every- cies are likely to be different. If seamount species were where, people who want to conserve biodiversity all self-recruiting, networks would be unnecessary be- would like to protect everything. If society expands its cause individual reserves that protect each seamount interest in the oceans beyond producing meat to would be sufficient; there would be no need for con- maintaining marine biodiversity, any workable solu- nectivity. But that level of genetic and ecological isola- tion will be somewhere in between, with some places tion is unlikely even for the most isolated seamounts. always or sometimes open for fishing (or to particular As recruitment, food organisms, and predators from MCBi.qxd 2/2/2005 2:41 PM Page 321 Place-Based Ecosystem Management in the Open Ocean 321 other locations become more important, networking is the open ocean, but are likely to be key components all the more necessary to maintain the connectivity and of any comprehensive strategy for conserving oceanic long-term viability of these populations. species and ecosystems. As on land, what happens Of course, seamounts host both benthic and outside these sanctuaries is crucial (Allison et al. 1998; pelagic species. It is conceivable that their pelagic Baum et al. 2003; Crowder et al. 2000; Lipcius et al., species could be resident, which would imply that Chapter 19). Simply displacing fishing effort — connectivity needs for seamount benthic species thereby increasing fishing in unprotected areas—is would be suitable to conserve their pelagics as well. likely to have unwelcome results. Reducing fishing ef- But if their pelagic species are highly migratory, as fort is essential. seems likely, then seamount ecosystem-based man- Effective place-based management of oceanic spe- agement will need to address the distinctive needs of cies will require population and ecosystem research pelagic visitors. In other words, oceanic ecosystem- and monitoring to help managers set ecologically sus- based managers will have to become as sophisticated tainable catch limits. It will require precautionary de- as those who manage shorebirds, ducks, and salmon. cision making that makes protecting and recovering Similarly, for dynamic and ephemeral pelagic fea- biodiversity the highest priority. Effective means of as- tures (e.g., fronts, upwellings) whose temporary ag- suring compliance, including using off-the-shelf and gregations of migratory wildlife need protection, new technologies to monitor fishing operations and maintaining connectivity is a central conservation effective enforcement, are also essential. These, in requirement, so networking becomes the primary con- turn, will necessitate both creative new thinking servation tool. Reserves are clearly the most foolproof about managing marine ecosystems and adequate tools for assembling effective networks. MPAs that funding. But given the declining populations of sea- provide less than full protection are likely to have mount species and pelagic megafauna, it is clear that greater enforcement costs, and temporary fishery clo- existing management measures, by themselves, are sures are more costly still because they require more not adequate. New ecosystem-based approaches, in- up-to-date information on habitat use. Where moni- cluding networks that protect key places, are needed toring and management systems are highly effective, to change declining population trajectories of oceanic networks can be assembled by establishing intercon- animals. nected reserves and less protected areas, or ocean zoning (see Norse, Chapter 25). Conclusions Acknowledgments The idea for this chapter arose at a scientific workshop titled “Ecology and Conservation Biology of Large Ecosystem-based management that protects oceanic Pelagic Fishes” held by Marine Conservation Biology fixed habitats, such as seamounts, and shifting fea- Institute and The Billfish Foundation in Islamorada, tures, such as fronts, is a new idea, but one with Florida (USA), in 1997, when Hazel Oxenford and Rus- many relevant precedents in terrestrial and nearshore sell Nelson suggested an examination of ways that marine realms. The legal basis for reserves in interna- protected areas could be used for conserving billfishes tional waters already exists, but new institutional and large tunas. We thank them and all the workshop arrangements are needed and the viability of place- participants, as well as the Offield Family Foundation based conservation remains, so far, untested. We be- and the William H. and Mattie Wattis Harris Founda- lieve that networks of interconnected fishery closures, tion, who funded the workshop. We thank the Pew partly protected MPAs, and fully protected marine re- Charitable Trusts for funding research by LBC on the serves will not be the only tools for conservation in global impact of pelagic longline fisheries and the Pew MCBi.qxd 2/2/2005 322 2:41 PM Page 322 Marine Conservation Biology Fellows in Marine Conservation for supporting KMG’s and the decline of pelagic sharks in the Gulf of work on high seas governance. We are grateful to the Mexico. Ecology Letters 7: 135–145 J.M. Kaplan Fund and the Oak Foundation for funding Baum, J.K., R.A. Myers, D.G. Kehler, B. Worm, S.J. MCBI’s work on seamount conservation and to the Harley, and P.A. Doherty (2003). Collapse and con- J.M. Kaplan Fund for funding IUCN’s work on high servation of shark populations in the Northwest At- seas conservation. We thank Lance Morgan, Fan Tsao, lantic. 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