why do we need a global framework for mpas in...

Why do we need a global framework for MPAs in ABNJ?

Kristina M. Gjerde

IUCN High Seas Policy Advisor

kgjerde@eip.com.pl

‘Scientists found that almost no areas have been left pristine and that more than 40% of the world's oceans have been heavily affected.’

40% ocean heavily affected by humans

(c) Halpern et al. 2008.

The High Seas (in blue)

Credit: Jesse Cleary

The Seabed Area (in blue)

Credit: Jesse Cleary

FUTURE:

climate change +

ocean acidification +

interactions =

increased vulnerability

Ramirez-Llodra et al, 2011, Man and the Last Great Wilderness: Human Impacts on the Deep Sea,

PLoS one

KEY GOVERNANCE CHALLENGES the High Seas as global commons

Hugo Grotius, 1609 “Freedom of Seas”

‘

“although serving some one person it still suffices for the common use of all other persons”

Why a global framework for MPAs in ABNJ? The case for a global regime

Photo Credit: John Weller

“A ...space...managed, through legal or other effective means, to achieve the long-term conservation of nature with associated ecosystem

services and cultural values.” (IUCN, 2008)

Marine Protected Area

• Customary International Law

• UN Convention on the Law of the Sea

• Fishing

– UN Fish Stocks Agreement

– Regional fisheries management conventions and organizations

• Shipping and waste dumping

– International Maritime Organisation

• Seabed mining

– International Seabed Authority

• Biodiversity Conservation???

HIGH SEAS GOVERNANCE FRAMEWORK

Photo Credit: John Weller

UN CONVENTION ON THE LAW OF THE SEA (UNCLOS) 1982

• Duty to:

– Conserve marine living resources

– Protect and preserve marine environment

– Including rare or fragile ecosystems and habitat...

– Cooperate

– Control flag vessels and citizens

– Comply with other international legal obligations

• Freedom to:

– Fish

– Navigate

– Lay submarine cables and pipelines

– Conduct marine scientific research

– Construct artificial islands

– Authorize vessels to fly national flag

+

• Reduce the rate of biodiversity loss by 2010

• Encourage the application of ecosystem approaches to marine management by 2010

• Facilitate... the establishment of MPAs, including representative networks by 2012...

• Maintain the productivity and biodiversity of important and vulnerable marine and coastal areas, including in areas within and beyond national jurisdiction

• Integrate marine and coastal areas management into key sectors

World Summit on Sustainable Development JOHANNESBURG, 2002

Aichi Biodiversity Targets 2020 CBD COP 10, 2010

11. “By 2020, at least ... 10 per cent of coastal and

marine areas, especially areas of particular importance for biodiversity and ecosystem services, are conserved through effectively and equitably managed, ecologically representative and well connected systems of protected areas and other effective area-based conservation measures, and integrated into the wider landscapes and seascapes.”,

CHALLENGES TO MPAs ON THE HIGH SEAS

• No explicit mandate

• No global procedures

• Sectoral approach

• Lack of incentives for cooperation

• No mechanisms for management

• Weak enforcement provisions

UN Fish Stocks Agreement and Regional Fisheries Management Organizations

• Conservation measures

– spatial and temporal closures

– effort and gear restrictions

– catch and bycatch quotas

• Monitoring, surveillance and control

Issues related to fisheries management

• Regional management

– Uneven performance

– Gaps in mandates

– Gaps in coverage

• Global trade and illegal fishing

– Uneven MSC and enforcement capacity

International Maritime Organization

• Discharge and emission restrictions

• Reporting requirements

• Routeing measures

• Particularly Sensitive Sea Areas (PSSAs)

Credit: Simon Walmsley

Issues related to shipping

• Discharge standards: distance from shore

• Ballast water: high seas unprotected

• Noise and ship strikes: slow progress

• PSSAs: coastal orientation

Credit: Simon Walmsley

International Seabed Authority

• Common heritage of mankind

• Protect and conserve the natural resources

• Prevent damage to the flora and fauna

Credit: ISA Credit: NOAAA

Issues related to seabed mining

• Only indirect mandate for proactive „No mining areas”

• How to protect large scale representative areas?

Credit: ISA Credit: NOAAA

(orange) in the Pacific Ocean shifted over Europe

Clarion Clipperton Fracture Zone Scale compared to Europe the Authority (orange) in the Pacific Ocean shifted over Europe

Issues related to seabed mining

• Only indirect mandate for proactive „No mining areas”

• How to protect large scale representative areas?

• How to protect rare and unique areas, scientifically important sites?

• Will exploration licenses forelose future options for protection?

Credit: ISA Credit: NOAAA

Slide courtesy: Daniel Dunn

Convention on Biological Diversity

CBD COP9 DECISION 20 (2008) Annex I: Site Criteria

“Ecologically or Biologically Significant Areas” (EBSAs)

1. Uniqueness / rarity

2. Special importance for life history of species

3. Importance for threatened, endangered or declining species / habitats

4. Vulnerability, fragility, sensitivity, or slow recovery

5. Biological productivity

6. Biological diversity

7. Naturalness

Credit: Deep Atlantic Stepping Stones Science Team_IFE_URI_NOAA

CBD COP9 DECISION 20 (2008) Annex II: Network Guidance

1. EBSAs (site criteria)

2. Representativity

3. Connectivity

4. Replication

5. Adequacy / viability

Credit: Deep Atlantic Stepping Stones Science Team_IFE_URI_NOAA

CBD COP10 Decision 29 (2010)

• Encouraged to apply criteria and adopt appropriate conservation measures

• Established data and information repository

• Convening regional workshops

• Process to endorse proposed EBSAs: CBD COP

• Information to be conveyed to other competent organizations, including the UNGA

CBD COP

Report on EBSAs Recommended by SBSTTA

SBSTTA

Report on EBSAs Compiled from the Regional Workshops

EBSAs & Data / Capacity Building

EBSA

Repository

Regional

Workshops

Report on EBSAs endorsed by COP

Information Sharing with:

• UNDOALOS, FAO, ISA,

IMO, UNEP

• CBD Scientific Partners

• WCMC, GOBI, OBIS

• RSOs, RFMOs

UN Working Group on

Biodiversity Beyond National

Jurisdiction (BBNJ)

Long-term Research & Capacity Development Plan

Slide courtesy: Daniel Dunn

CBD EBSA regional workshops (dates to be confirmed)

September 2011: North-East Atlantic

November 2011: South Pacific

January 2012: Mediterranean

February 2012: Caribbean and Mid-Atlantic

Regional Seas Organizations

Credit: Jesse Cleary

Issues related to Regional Seas Organizations

Credit: Jesse Cleary

Credit: John Weller

Issues related to coordination and cooperation

• Few mechanisms for cooperation across boundaries

• Lack of capacity, time, money, information

• Differing priorities

• Limited jurisdictions and mandates

• Limited collaboration at the national level

Credit: Philippe Rouja

Role of an UNCLOS Implementation Agreement

Un

ited

Nat

ion

s G

ener

al A

ssem

bly

Specialized Agencies

UNESCO WORLD HERITAGE SITES

FAO RFMOs VULNERABLE MARINE ECOSYSTEMS (VMES)

IMO PARTICULARLY SENSITIVE SEA AREAS (PSSAS)

Programmes & Funds

UNEP

CBD Secretariat ECOLOGICALLY OR BIOLOGICALLY

SIGNIFICANT AREAS (EBSAS)

CMS Secretariat

Regional Seas Secretariat

Secretariat Office of Legal Affairs Division of Ocean and Law of

the Sea (DOALOS) UNICPOLOS

UN Working Group (BBNJ)

International Seabed Authority AREAS OF PARTICULAR

ENVIRONMENTAL INTEREST (APEIS)

The Regular Process

“A regular process for global reporting and assessment of the state of the marine environment, including socio-economic aspects”

Slide courtesy: Daniel Dunn

Bringing coherency to conservation in ABNJ

Procedure for

designation of MPAs

Credit: Philippe Rouja

Role of an UNCLOS Implementation Agreement

Area-based

manage-ment

Improved implementation

Credit: Philippe Rouja

Role of an UNCLOS Implementation Agreement

Finding the Right Balance

Credit: Paul Kuczysnski

Finding the Right Balance

Credit: Paul Kuczysnski

Establish global mandate, targets and objectives for NETWORKS

Streamline designation process

Ensure baseline protection, eg. prior impact assessment

Coordinate regional/sectoral cooperation

Build capacity for management

Share benefits

Thank you!!!

kgjerde@eip.com.pl

Credit: Paul Kuczysnski

2006 2007 2008 2009 2010 2011 2012+

COP8: Call for the expert

workshop on

ecological criteria and

biogeographic

classification

Azores

Expert

Workshop Collated criteria

suites,

recommended

EBSA criteria

COP9: Adopted EBSA criteria.

Called for the expert

workshop on guidance on

the application of the

EBSA criteria and

biogeographic

classifications

Ottawa

Expert

Workshop Produced

guidance on the

application of the

EBSA criteria

COP10: Established an EBSA

Repository and

information sharing

mechanism and a

regional process for

identifying candidate

EBSAs

CBD Regional

EBSA

Workshops

SBSTTA 15

& 16,

COP11

Slide courtesy: Daniel Dunn

VME CRITERIA EBSA CRITERIA

Identification of areas in need of protection from any or all human activities

No single specific body or mechanism responsible

Identification of an EBSA is a scientific and technical step only

Relate exclusively to deep sea bottom fishing in the high seas

RFMOs responsible

If an area meets the VME criteria, it triggers a management response

Regional Seas Organizations

Credit: Jesse Cleary

Progress where mandate for ABNJ: OSPAR MPA Network and NEAFC fisheries closures, 2010

Credit: OSPAR Secretariat

Credit: UK Foreign and Commonwealth Office

CCAMLR: South of the South Orkneys MPA, designated 2009

Planning Domains from CCAMLR workshop September 2011

Pelagos Sanctuary for Mediterranean Marine Mammals

Credit: Tethys Institute

MEDITERRANEAN Potential EBSAs/SPAMIs

Issues related to fisheries management

• Regional management

– Uneven performance

– Gaps in mandates

– Gaps in coverage

• Global trade and illegal fishing

– Uneven MSC and enforcement capacity

Issues related to fisheries management

• Regional management

– Uneven performance

– Gaps in mandates

– Gaps in coverage

• Global trade and illegal fishing

– Uneven MSC and enforcement capacity

Tuna RFMOs

Credit: Jesse Cleary

High Seas bottom fisheries closures

High Seas bottom fisheries closures

Non-tuna RFMOs

Credit: Jesse Cleary

Credit: John Weller

UN WORKING GROUP ON BBNJ

Improved Implementation

Possible multilateral agreement

1. Area-based management tools

2. Impacts assessment

3. Marine genetic resources

4. Capacity development

5. Technology transfer