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26/05/2015
Marine Protected Areas under
a Marine Biodiversity
Implementing Agreement
(BBNJ)
High Hopes for the High Seas
26 May 2015
Duncan Currie LL.B. (Hons.) LL.M
[email protected]
High Seas Alliance
The High Seas
(in blue)
Increasing challenges to the global ocean
defaunation, industrialization and degradation
How inappropriate to
call this planet Earth
when it is quite clearly
Ocean.
Arthur C Clarke
The seabed Area
(beyond the yellow)
Duke University Marine Geospatial Ecology Lab
D J McCauley et al. Marine defaunation: Animal loss in the global ocean
Science 2015;347:1255641
Credit: Jesse Cleary,
MGEL, Duke University
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26/05/2015
International laws and institutions
weak, fragmented and …. ignored
Why Marine Protected Areas
• Increase/preserve species
diversity, fisheries
productivity
• Build the resilience and
adaptive capability of
ecosystems.
• Reference areas for
scientists so can develop a
clear picture of impacts such as
climate change and ocean
acidification.
Ardron & Warner, in press.
Marine Protected Area Mandate
2008 IUCN Guidelines
A protected area is a clearly defined geographical
space, recognised, dedicated and managed, through
legal or other effective means, to achieve the longterm conservation of nature with associated
ecosystem services and cultural values.
Criteria for the identification of
ecologically or biologically significant
areas (EBSAs)
CB COP9 Decision 20 (2008)
Guidance for the design of
representative networks
CBD COP9 Decision 20 (2008)
UNCLOS: Protect and preserve marine environment (art
192)
including protecting rare or fragile ecosystems and
habitats (art 194.5)
WSSD Johannesburg Programme of Action (JPOI)
(2002): The establishment of MPAs, including
representative networks by 2012: para 32 (c)
CBD Aichi target (2010) By 2020, at least ... 10 per
cent of coastal and marine areas are conserved through
effectively and equitably managed, ecologically
representative and well connected systems of protected
areas
Rio+20: The Future We Want (2012)
North Atlantic
1. EBSAs (site criteria)
2. Representativity
3. Connectivity
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
4. Replication
5. Adequacy / viability
“We reaffirm the importance of area based conservation measures,
including marine protected areas consistent with international law
and based on best available scientific information as a tool for
conservation of biological diversity and sustainable use of its
components.”
Noted Aichi Target 11 on MPAs (177)
7
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26/05/2015
Vulnerable Marine Ecosystem Criteria
EBSAs
FAO Guidelines
8 workshops to identify
EBSAs
• 66 EBSAs straddling or
entirely in ABNJ – 31
fully in ABNJ
• Reports sent to RSOs,
RFMOs, BBNJ
• No global mechanism
to ensure protection
• Uniqueness or rarity
• Structural Complexity
• Functional significance
of the habitat
• Fragility
• Life-history traits
– slow growth rates;
– late age of maturity;
– low or unpredictable
recruitment; or
– long-lived
Credit: Deep Atlantic Stepping Stones Science
Team_IFE_URI_NOAA
FAO, 2009. International Guidelines for the Management of Deep-sea Fisheries in the High Seas
Comparison of VMEs & EBSAs
FAO VMEs
CBD EBSAs
Seabed in ABNJ
Seabed and open ocean
Trigger for action
Information tool
Threat specific
Not threat related
RFMOs and States to identify and
respond
“Competent bodies” encouraged to act
Seabed “Areas of Particular Environmental Interest”
in the Clarion Clipperton Zone (in green)
Precautionary closures
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26/05/2015
Area Based Management vs
Sectoral
ABM
• Conflicting uses
• Protect sensitive
areas: EBSAs, VMEs,
ASPAs/ASMAs,
PSSAs, APEIs
• SEAs, EIAs
• MPAs
Sectoral
• Fishing, mining
• Don’t address other activities,
•
•
•
•
all features of conservation
importance
No management for overall
conservation
Not systematic, short term
Lack coordination
Lack of common criteria or
scientific advice may lead to
conflicting results
Sector-based tools for conservation
Impacts related to fisheries
RFMOs can adopt binding management measures:
• Spatial or temporal closures
• Effort or gear restrictions
• Catch or bycatch quotas
Deep sea fisheries
RFMOs must adopt measures to protect vulnerable
marine ecosystems - or not authorize fishing to proceed
(UNGA Resolution 61/105 (2006) 64/72 (2009)
BBN Negotiations: “Not undermine” existing relevant
legal instruments and frameworks and relevant global,
regional and sectoral bodies
HSA: No sectoral activities, including fishing, should be
excluded from the scope of the implementing agreement.
Charlie Gibbs MPA
Not fully protected
-pelagic fishing
-mining
- shipping
CCAMLR South Orkney MPA
• South Orkney MPA Measure
91-03 (2009)
• Definition: aim to protect
Total: <0.2% of high seas
•
particular species or habitats
and management reflects
this priority.
Objective: To maintain,
conserve and restore species
and habitats.
• Fully protected: 0.04% of
high seas
CONSERVATION MEASURE 91-03 (2009)
Protection of the South Orkney Islands
southern shelf
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26/05/2015
S.A.M.O.A. Pathway
CCAMLR Aspirations
Ross Sea
East Antarctic
CCAMLR Efforts
High Seas Pockets
58 n) Enhance local, national, regional and global cooperation to tackle the
causes of ocean acidification and to further study and minimize its impacts,
including through information sharing, regional workshops, integrating SIDS
scientists into international research teams, taking steps to make marine
ecosystems more resilient to the impacts of ocean acidification and
through the possible development of a SIDS wide strategy on ocean
acidification.
58 (o) Conserve by 2020 at least 10% of coastal and marine areas in
SIDS, especially areas of particular importance for biodiversity and
ecosystem services, through effectively and equitably managed,
ecologically representative and well-connected systems of protected
areas and other effective area-based conservation measures in order
to reduce the rate of biodiversity loss in the marine environment.
90. a) Conserve biological diversity, the sustainable use of its components and
the fair and equitable sharing of the benefits arising out of the utilization of
genetic resources.
Putting it together: an example
MPAs identified,
Designated
Regional level?
List managed by IA COP?
Measures adopted
At global and/or regional
level. Coordinated/approved
by IA COP, Supervision
Reporting of RFMO/As, RSOs,
Sectoral IOs
Establish objective and
framework for MPAs in
ABNJ
Obligation to
cooperate,
coordinate to
establish, maintain
MPAs
Coordinate, supervise regional
sea implementation, set
guidelines, reporting and
monitoring, compliance and
enforcement, scientific advice
Scientific advice
International
endorsement,
oversight
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