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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 1 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 2 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 3 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 4 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 5