ASSESSING A REGIONAL LEGAL FRAMEWORK ASSESSING A REGIONAL LEGAL FRAMEWORK FOR THE ESTABLISHMENT OF A FOR THE ESTABLISHMENT OF A

BENGUELACURRENT COMMISSIONBENGUELACURRENT COMMISSIONByBy

Mick O’Toole Mick O’Toole

33rdrd IUCN World Conservation Congress IUCN World Conservation Congress

Bangkok, Thailand Bangkok, Thailand

2020thth November, 2004 November, 2004

www.bclme.orgwww.bclme.org

Benguela Current LME Programme Benguela Current LME Programme

• Countries: Angola, Namibia Countries: Angola, Namibia and South Africaand South Africa

• Duration: 2002 - 2007Duration: 2002 - 2007

• Implementing agency: UNDPImplementing agency: UNDP

• Executing agency: UNOPSExecuting agency: UNOPS

• GEF: US$ 15,000,000.00GEF: US$ 15,000,000.00

• In-kind: US$ 18,000,000.00 In-kind: US$ 18,000,000.00

BCLMEBCLMEProgramme GoalProgramme Goal

Integrated management, Integrated management, sustainable development and sustainable development and

protection of the Benguela Current protection of the Benguela Current Large Marine Ecosystem Large Marine Ecosystem

BCLME ProgrammeBCLME Programme

Focus of ActivitiesFocus of Activities

Productivity and FisheriesProductivity and Fisheries

Environmental Variability and PredictabilityEnvironmental Variability and Predictability

Seabed Mining (e.g. diamonds)Seabed Mining (e.g. diamonds)

Oil and Gas Exploration and ProductionOil and Gas Exploration and Production

Ecosystem Health and PollutionEcosystem Health and Pollution

Socio-economics and GovernanceSocio-economics and Governance

Capacity BuildingCapacity Building

Chlorophyll from SeaWiFS

Strategic Action ProgrammeStrategic Action ProgrammeSAPSAP

AGREED PRINCIPALS AGREED PRINCIPALS SAPSAP

• Ecosystem integrity / future generationsEcosystem integrity / future generations

• Precautionary principlePrecautionary principle

• Anticipatory actionAnticipatory action

• Polluter Pays principle - clean technologiesPolluter Pays principle - clean technologies

• Environment and healthEnvironment and health

• Transparency and public participationTransparency and public participation

• Co-financing with industry and donorsCo-financing with industry and donors

SOME KEY POLICY ACTIONSSOME KEY POLICY ACTIONS

• Joint surveys and assessment of fish stocksJoint surveys and assessment of fish stocks

• Ecosystem approach to fisheries managementEcosystem approach to fisheries management

• Harmonisation of environmental management Harmonisation of environmental management policiespolicies

• Development of an environmental early Development of an environmental early warning systemwarning system

• Regional oil spill contingency planRegional oil spill contingency plan

Institutional ArrangementsInstitutional Arrangements

• Programme Steering Committee (PSC)Programme Steering Committee (PSC)

• Programme Co-ordinating Unit (PCU)Programme Co-ordinating Unit (PCU)

• Activity Centres (AC’s) Activity Centres (AC’s)

• Advisory Groups (AG’s)Advisory Groups (AG’s)

• Benguela Current Commission (BCC)Benguela Current Commission (BCC)

The Benguela Current CommissionThe Benguela Current Commission

• “ “ Member states agree to commit themselves to Member states agree to commit themselves to continuing the BCLME Programme beyond the continuing the BCLME Programme beyond the GEF intervention and will endeavour to GEF intervention and will endeavour to establish a permanent Benguela Current establish a permanent Benguela Current Commission with a supporting Secretariat”Commission with a supporting Secretariat”

BCLME Strategic Action Programme (SAP)BCLME Strategic Action Programme (SAP)

Signed by seven ministers from Angola, Namiia Signed by seven ministers from Angola, Namiia and South Africa (2000)and South Africa (2000)

Red-tide Cape Town Mussel rafts – Saldanha Bay

Sulphur eruptionsNamibia

Benguela Current CommissionBenguela Current Commission

• “ “ To realise our collective goal of sustainable To realise our collective goal of sustainable management of our marine and coastal management of our marine and coastal resources, we plan to establish in a few years resources, we plan to establish in a few years time the Benguela Current Commission whose time the Benguela Current Commission whose mandate would be, amongst others, to facilitate mandate would be, amongst others, to facilitate and coordinate integrated management, and coordinate integrated management, sustainable development and protection of the sustainable development and protection of the Benguela Current Large Marine Ecosystem”Benguela Current Large Marine Ecosystem”

(Minister Abraham Iyambo, October 2004)(Minister Abraham Iyambo, October 2004)

Establishment of a Benguela Current Establishment of a Benguela Current CommissionCommission

Institutional study on needs and requirementsInstitutional study on needs and requirements

• Identify management functions that demand regional Identify management functions that demand regional co-operationco-operation

• Assess current institutional structures and future legal Assess current institutional structures and future legal frameworks to fulfill management requirements frameworks to fulfill management requirements

• Develop mandate and functions of a BCCDevelop mandate and functions of a BCC

• Assess the economic and political value of an BBC re: Assess the economic and political value of an BBC re: benefits to stakeholders and effective managementbenefits to stakeholders and effective management

• Assess some models of successful regional marine Assess some models of successful regional marine resource /environment commissions: scope and rolesresource /environment commissions: scope and roles

• Costs of implementation and sustainability of financesCosts of implementation and sustainability of finances

DEEPWATER OPERATIONS

Coral Sea

Grand Banks

Debmar Pacific

Debmar Atlantic

• >70m water depth, typically 130m

• Mining method: Vertical mining employing a Wirth drill mining unconsolidated seabed sediments

• Fully self-contained mining units that can operate on 24hr basis throughout the year

Establishment of a Benguela Current Establishment of a Benguela Current CommissionCommission

Economic study on regional co-operationEconomic study on regional co-operation

Status quo for management of the BCLMEStatus quo for management of the BCLME

Incremental cost-benefits of regional Incremental cost-benefits of regional cooperation in research and managementcooperation in research and management

Economic case for taking an ecosystem Economic case for taking an ecosystem approach to management of LME approach to management of LME

International InstrumentsInternational Instruments

• UNCLOS (1982) – Law of the SeaUNCLOS (1982) – Law of the Sea

• UNCED (1992) – LME’sUNCED (1992) – LME’s

• Convention on Biodiversity (1993)Convention on Biodiversity (1993)

• KYOTO (1995) “Code of Conduct for Responsible KYOTO (1995) “Code of Conduct for Responsible Fishing – FAO)Fishing – FAO)

• UN Agreement ‘Straddling and Highly Migratory Fish UN Agreement ‘Straddling and Highly Migratory Fish Stocks (1995)Stocks (1995)

• Reykjavik Declaration (2001) “Ecosystem Approach to Reykjavik Declaration (2001) “Ecosystem Approach to Fisheries Management”Fisheries Management”

• WSSD Johannesburg (2002)WSSD Johannesburg (2002)

Regional InstrumentsRegional Instruments

• SADC Treaty (1992) regional development and SADC Treaty (1992) regional development and integration including fisheriesintegration including fisheries

• Monitoring, Control and Surveillance of Fishing Monitoring, Control and Surveillance of Fishing Activities (MCS)Activities (MCS)

• Policy Harmonisation Project (marine fisheries laws Policy Harmonisation Project (marine fisheries laws and shared stocks)and shared stocks)

• SADC Protocol on FisheriesSADC Protocol on Fisheries

• SEAFOSEAFO

• BENEFIT ProgrammeBENEFIT Programme

• BCLME ProgrammeBCLME Programme

SADC PROTOCOL ON FISHERIESSADC PROTOCOL ON FISHERIES

A binding policy framework to improve A binding policy framework to improve natural resource and ecosystem managementnatural resource and ecosystem management

commitment to shared stock managementcommitment to shared stock management

Ecosystem approach to fisheries mgt (EAF)Ecosystem approach to fisheries mgt (EAF)

Data and Information sharingData and Information sharing

SEAFOSEAFO

South East Atlantic Fisheries OrganisationSouth East Atlantic Fisheries Organisation

(Angola, Namibia and South Africa + UK)(Angola, Namibia and South Africa + UK)

others: EU, Norway, Russia, Ukraine, USAothers: EU, Norway, Russia, Ukraine, USA

“ “ conservation and management of straddling conservation and management of straddling and high seas stocks in the SE Atlantic”and high seas stocks in the SE Atlantic”

Instrument - Convention on Transboundary and Instrument - Convention on Transboundary and Highly Migratory Stocks and United Nations Highly Migratory Stocks and United Nations Implementing Agreement (UIA)Implementing Agreement (UIA)

Minister Abaham Iyambo (Fisheries and Minister Abaham Iyambo (Fisheries and Marine Resources, Namibia) Marine Resources, Namibia)

• “ “ We recognise the need for co-operation We recognise the need for co-operation amongst SADC countries in order to sustain amongst SADC countries in order to sustain accrued benefits from our marine accrued benefits from our marine resources….in this regard we have committed resources….in this regard we have committed ourselves to the basic tenets of co-operation ourselves to the basic tenets of co-operation enshrined in instruments such as the SADC enshrined in instruments such as the SADC Protocol on Fisheries, the UN Fish Stocks Protocol on Fisheries, the UN Fish Stocks Agreement and the FAO Code of Conduct for Agreement and the FAO Code of Conduct for Responsible Fishing” (Speech: BCLME CD Responsible Fishing” (Speech: BCLME CD Launch, October 2004)Launch, October 2004)

Co-operative Marine Science and Co-operative Marine Science and Management in BenguelaManagement in Benguela

BCLME –BENEFIT Management CommitteeBCLME –BENEFIT Management Committee

• Consultative and Specialist Task GroupsConsultative and Specialist Task Groups

• Advisory Groups (EV, LMR, BEHP, T&CB)Advisory Groups (EV, LMR, BEHP, T&CB)

• Liaison CommitteesLiaison Committees

• Transboundary Fish Stock SurveysTransboundary Fish Stock Surveys

• Satellite Remote Sensing / GIS groupSatellite Remote Sensing / GIS group

• Regional Centres of Expertise (fish ageing, Regional Centres of Expertise (fish ageing, ichthyoplankton, remote sensing, stock assess)ichthyoplankton, remote sensing, stock assess)

WSSD – GOALSWSSD – GOALSMain Targets and TimetablesMain Targets and Timetables

FisheriesFisheries“ “ Maintain or restore depleted fish stocks to levels that can produce their maximum Maintain or restore depleted fish stocks to levels that can produce their maximum

sustainable yield on an urgent basis and where possible no later than 2015” sustainable yield on an urgent basis and where possible no later than 2015” (Chapter 4, Paragraph 30 a)(Chapter 4, Paragraph 30 a)

Some BCLME projects addressing these targetsSome BCLME projects addressing these targets

Project LMR/CF/03/06Project LMR/CF/03/06 “ Development and harmonisation of operational “ Development and harmonisation of operational management procedures (OMP’s) for hake stocks”management procedures (OMP’s) for hake stocks”

Project LMR/CF/03/07Project LMR/CF/03/07 “ Determination of optimal harvesting strategies for hake “ Determination of optimal harvesting strategies for hake trawl and long-line fisheries”trawl and long-line fisheries”

Projects LMR/CF/03/09,10,14Projects LMR/CF/03/09,10,14 “ Transboundary surveys and harmonisation of “ Transboundary surveys and harmonisation of shared stocks including technical issues”shared stocks including technical issues”

Projects LMR/SE/03/02-05Projects LMR/SE/03/02-05 “Analysis of socio-economic, legal and governance “Analysis of socio-economic, legal and governance issues of commercial fisheries”issues of commercial fisheries”

Main Targets and TimetablesMain Targets and TimetablesWSSDWSSD

Conservation of BiodiversityConservation of Biodiversity “ “Develop and facilitate the use of diverse approaches and tools, including the Develop and facilitate the use of diverse approaches and tools, including the

ecosystem approach, the elimination of destructive fishing practices and ecosystem approach, the elimination of destructive fishing practices and establishment of marine protected areas……. by 2012” ( Chapter 4, establishment of marine protected areas……. by 2012” ( Chapter 4, Paragraph 31 a-d)Paragraph 31 a-d)

SOME BCLME projects addressing these targets SOME BCLME projects addressing these targets

Project: LMR/EAF/03/01 Project: LMR/EAF/03/01 “Development of an ecosystem approach to “Development of an ecosystem approach to fisheries management (EAF)” (1)fisheries management (EAF)” (1)

Project: LMR/EAF/03/02 Project: LMR/EAF/03/02 “Development of a regional ecosystem monitoring “Development of a regional ecosystem monitoring programme –top predators as biological indicators” (1)programme –top predators as biological indicators” (1)

Projects: BEHP/BAC/01-06 Projects: BEHP/BAC/01-06 “ Conservation planning and management - “ Conservation planning and management - marine protected areas, baseline surveying and mapping of species, biotopes marine protected areas, baseline surveying and mapping of species, biotopes and communities” (6)and communities” (6)