Review of the Review of the implementation of the UN GA implementation of the UN GA agreement to protect deep-agreement to protect deep-sea ecosystems on the high sea ecosystems on the high

seasseas

Matthew GianniMatthew Gianni

Political and Policy AdvisorPolitical and Policy Advisor

Deep Sea Conservation Deep Sea Conservation CoalitionCoalition

UN GA negotiations 2006UN GA negotiations 2006ISSUES: Biodiversity, equity, sustainability, ISSUES: Biodiversity, equity, sustainability,

international lawinternational law

Various proposals, e.g.Various proposals, e.g.• Moratorium on bottom trawl fishing on the Moratorium on bottom trawl fishing on the

high seashigh seas• No bottom fishing in high seas areas not No bottom fishing in high seas areas not

covered by RFMOscovered by RFMOs• Reverse burden of proofReverse burden of proof• Deadlines for implementation: Deadlines for implementation:

mid 2007; end 2007mid 2007; end 2007

UN GA resolution 61/105UN GA resolution 61/105

• Conduct impact assessments of individual Conduct impact assessments of individual bottom fishing activities to determine bottom fishing activities to determine whether significant adverse impacts would whether significant adverse impacts would occur occur

• Establish conservation measures to prevent Establish conservation measures to prevent significant adverse impacts (SAIs) or not significant adverse impacts (SAIs) or not authorize bottom fishing to proceedauthorize bottom fishing to proceed

• Close areas where vulnerable marine Close areas where vulnerable marine ecosystems (VMEs) are known or ecosystems (VMEs) are known or likely likely occur occur unless SAIs can be preventedunless SAIs can be prevented

UN GA resolution 61/105UN GA resolution 61/105

• Ensure the long-term sustainability Ensure the long-term sustainability of deep-sea fish stocksof deep-sea fish stocks

• Require vessels to move out of an Require vessels to move out of an area where VMEs are encountered area where VMEs are encountered during bottom fishing operationsduring bottom fishing operations

• Adopt Adopt and and Implement measures by Implement measures by 31 December 2008 or else don’t 31 December 2008 or else don’t authorize (prohibit) bottom fishingauthorize (prohibit) bottom fishing

Q & AQ & A

• What is a VME?What is a VME?

• How do we identify VMEs?How do we identify VMEs?

• What is a SAI?What is a SAI?

• How do we conduct impact How do we conduct impact assessments to determine whether assessments to determine whether SAIs would occur?SAIs would occur?

• How do we prevent SAIs?How do we prevent SAIs?

UN FAO Guidelines: VMEsUN FAO Guidelines: VMEs• i. Uniqueness or rarity – e.g :i. Uniqueness or rarity – e.g : • • habitats that contain endemic species; habitats that contain endemic species; • • habitats of rare, threatened or endangered habitats of rare, threatened or endangered

species that occur only in discrete areas; orspecies that occur only in discrete areas; or • • nurseries or discrete feeding, breeding, or nurseries or discrete feeding, breeding, or

spawning areas.spawning areas.

• ii. Functional significance of the habitat – discrete ii. Functional significance of the habitat – discrete areas or habitats that are necessary for the areas or habitats that are necessary for the survival, function, spawning/reproduction or survival, function, spawning/reproduction or recovery of fish stocks, particular life-history recovery of fish stocks, particular life-history stages (e.g. nursery grounds or rearing areas), or stages (e.g. nursery grounds or rearing areas), or of rare, threatened or endangered marine of rare, threatened or endangered marine species.species.

UN FAO Guidelines: VMEsUN FAO Guidelines: VMEs• iii. Fragility – an ecosystem that is highly susceptible iii. Fragility – an ecosystem that is highly susceptible

to degradation by anthropogenic activities.to degradation by anthropogenic activities.

• iv. Life-history traits of component species that make iv. Life-history traits of component species that make recovery difficult – ecosystems that are characterized recovery difficult – ecosystems that are characterized by populations or assemblages of species with one or by populations or assemblages of species with one or more of the following characteristics:more of the following characteristics:• • slow growth rates;slow growth rates;• • late age of maturity;late age of maturity;• • low or unpredictable recruitment; orlow or unpredictable recruitment; or• • long-lived.long-lived.

v. Structural complexity – an ecosystem that is v. Structural complexity – an ecosystem that is characterized by complex physical structures created characterized by complex physical structures created by significant concentrations of biotic and abiotic by significant concentrations of biotic and abiotic features.features.

FAO Guidelines: SAIsFAO Guidelines: SAIs

• 17. Significant adverse impacts are those 17. Significant adverse impacts are those that compromise ecosystem integrity (i.e. that compromise ecosystem integrity (i.e. ecosystem structure or function) in a manner ecosystem structure or function) in a manner that: (i) impairs the ability of affected that: (i) impairs the ability of affected populations to replace themselves; (ii) populations to replace themselves; (ii) degrades the long-term natural productivity degrades the long-term natural productivity of habitats; or (iii) causes, on more than a of habitats; or (iii) causes, on more than a temporary basis, significant loss of species temporary basis, significant loss of species richness, habitat or community types. richness, habitat or community types. Impacts should be evaluated individually, in Impacts should be evaluated individually, in combination and cumulatively.combination and cumulatively.

UN FAO Guidelines: SAIsUN FAO Guidelines: SAIs• 18. When determining the scale and significance 18. When determining the scale and significance

of an impact, the following six factors should be of an impact, the following six factors should be considered:considered:

i. the intensity or severity of the impact at the i. the intensity or severity of the impact at the specific site being affected;specific site being affected;ii. the spatial extent of the impact relative to the ii. the spatial extent of the impact relative to the availability of the habitat type affected;availability of the habitat type affected;iii. the sensitivity/vulnerability of the ecosystem iii. the sensitivity/vulnerability of the ecosystem to the impact;to the impact;iv. the ability of an ecosystem to recover from iv. the ability of an ecosystem to recover from harm, and the rate of such recovery;harm, and the rate of such recovery;v. the extent to which ecosystem functions may v. the extent to which ecosystem functions may be altered by the impact; andbe altered by the impact; andvi. the timing and duration of the impact relative vi. the timing and duration of the impact relative to the period in which a species needs the habitat to the period in which a species needs the habitat during one or more life-history stages.during one or more life-history stages.

UN FAO Guidelines: SAIsUN FAO Guidelines: SAIs

• 19. Temporary impacts are those that are limited 19. Temporary impacts are those that are limited in duration and that allow the particular in duration and that allow the particular ecosystem to recover over an acceptable time ecosystem to recover over an acceptable time frame. Such time frames should be decided on a frame. Such time frames should be decided on a case-by-case basis and should be in the order of case-by-case basis and should be in the order of 5-20 years, taking into account the specific 5-20 years, taking into account the specific features of the populations and ecosystems.features of the populations and ecosystems.

UN FAO Guidelines: Impact UN FAO Guidelines: Impact AssessmentsAssessments• Para 47: Impact assessment should Para 47: Impact assessment should

address, inter alia:address, inter alia:• i. type(s) of fishing conducted or i. type(s) of fishing conducted or

contemplated, including vessels and contemplated, including vessels and gear-types, fishing areas, target and gear-types, fishing areas, target and potential bycatch species, fishing effort potential bycatch species, fishing effort levels and duration of fishing levels and duration of fishing (harvesting plan);(harvesting plan);

• ii. best available scientific and technical ii. best available scientific and technical information on the current state of information on the current state of fishery resources and baseline fishery resources and baseline information on the ecosystems, habitats information on the ecosystems, habitats and communities in the fishing area, and communities in the fishing area, against which future changes are to be against which future changes are to be compared;compared;

UN FAO Guidelines: Impact UN FAO Guidelines: Impact AssessmentsAssessments

• iiii. identification, description and mapping of ii. identification, description and mapping of VMEs known or likely to occur in the fishing area;VMEs known or likely to occur in the fishing area;

• iv. data and methods used to identify, describe iv. data and methods used to identify, describe and assess the impacts of the activity, the and assess the impacts of the activity, the identification of gaps in knowledge, and an identification of gaps in knowledge, and an evaluation of uncertainties in the information evaluation of uncertainties in the information presented in the assessment; presented in the assessment;

• v. identification, description and evaluation of v. identification, description and evaluation of the occurrence, scale and duration of likely the occurrence, scale and duration of likely impacts, including cumulative impacts of impacts, including cumulative impacts of activities covered by the assessment on VMEs activities covered by the assessment on VMEs and low-productivity fishery resources in the and low-productivity fishery resources in the fishing area;fishing area;

UN FAO Guidelines: Impact UN FAO Guidelines: Impact AssessmentsAssessments• vvi. risk assessment of likely impacts by i. risk assessment of likely impacts by

the fishing operations to determine the fishing operations to determine which impacts are likely to be which impacts are likely to be significant adverse impacts, particularly significant adverse impacts, particularly impacts on VMEs and low productivity impacts on VMEs and low productivity fishery resources; andfishery resources; and

• vii. the proposed mitigation and vii. the proposed mitigation and management measures to be used to management measures to be used to prevent significant adverse impacts on prevent significant adverse impacts on VMEs and ensure long-term VMEs and ensure long-term conservation and sustainable utilization conservation and sustainable utilization of low-productivity fishery resources, of low-productivity fishery resources, and the measures to be used to monitor and the measures to be used to monitor effects of the fishing operations.effects of the fishing operations.

FAO: Worldwide review of FAO: Worldwide review of bottom fisheries in the high bottom fisheries in the high seas (2009)seas (2009) Bensch, A., Gianni Bensch, A., Gianni

M., Greboval D., M., Greboval D., Sanders J.S., Hjort Sanders J.S., Hjort A. A. World Wide World Wide Review of Bottom Review of Bottom Fisheries in the Fisheries in the High SeasHigh Seas. Food . Food and Agriculture and Agriculture Organization of the Organization of the United Nations. United Nations. Rome, 2009.Rome, 2009.

FAO: Worldwide review of FAO: Worldwide review of bottom fisheries in the high bottom fisheries in the high seas seas • 250,000 tonnes in 250,000 tonnes in

2006, representing 2006, representing 0.3% of the marine 0.3% of the marine catch worldwidecatch worldwide

• approximate value - approximate value - $450 million US $450 million US dollarsdollars

• Estimated 285 Estimated 285 vessels high seas vessels high seas bottom fisheries in bottom fisheries in 2006, many only 2006, many only part-timepart-time

• 80% flagged to ten 80% flagged to ten States: Spain, States: Spain, Republic of Korea, Republic of Korea, New Zealand, Russian New Zealand, Russian Federation, Australia, Federation, Australia, Japan, France, Japan, France, Portugal, Belize and Portugal, Belize and EstoniaEstonia

• one-third flagged to one-third flagged to EU countriesEU countries

• EU fleet took half or EU fleet took half or more of the high seas more of the high seas bottom catchbottom catch

High Seas Bottom High Seas Bottom Trawl Fisheries and Trawl Fisheries and their Impacts on the their Impacts on the

Biodiversity of Biodiversity of Vulnerable Deep Vulnerable Deep Sea Ecosystems: Sea Ecosystems:

Options for Options for International ActionInternational Action

Matthew GianniMatthew GianniIUCNIUCN

Conservation Conservation InternationalInternational

NRDCNRDCWWF InternationalWWF International

20042004

North Atlantic: NEAFC North Atlantic: NEAFC • there is a high there is a high

likelihood that most likelihood that most upper slope areas upper slope areas and the associated and the associated range of species range of species have to some have to some extent been extent been affected by past affected by past fisheries, fisheries, and that and that fragile invertebrate fragile invertebrate communities occur communities occur on many hills.on many hills.

North Atlantic: NAFONorth Atlantic: NAFO

SE Atlantic and Northwest SE Atlantic and Northwest PacificPacific

South Pacific: New ZealandSouth Pacific: New Zealand

Summary of actions to dateSummary of actions to dateImpact Assessments:Impact Assessments:

• Southern ocean/CCAMLR (five Southern ocean/CCAMLR (five countries) countries) South Pacific (New Zealand)South Pacific (New Zealand)North Pacific (Japan, Korea, Russia)North Pacific (Japan, Korea, Russia)

• No impact assessments yet done in No impact assessments yet done in other areasother areas

SummarySummaryImpact Assessments have not been able to Impact Assessments have not been able to

clearly determine whether SAIs would occurclearly determine whether SAIs would occur

• insufficient baseline information on the insufficient baseline information on the presence, likely occurrence and ecology of presence, likely occurrence and ecology of VMEs in the areas to be fished; VMEs in the areas to be fished;

• insufficient information on the precise insufficient information on the precise locations in which bottom fishing will or is locations in which bottom fishing will or is likely to take place; likely to take place;

• insufficient information on the interaction of insufficient information on the interaction of the bottom fishing gear with VME related the bottom fishing gear with VME related species; species;

• insufficient information on the extent, insufficient information on the extent, severity, duration, and likely scale of the severity, duration, and likely scale of the impact of bottom fishing on VMEs known or impact of bottom fishing on VMEs known or likely to occur in areas subject to bottom likely to occur in areas subject to bottom fishing. fishing.

SummarySummaryArea closures:Area closures:

• Some areas where VMEs are known to Some areas where VMEs are known to occur, based on benthic surveys, in NE occur, based on benthic surveys, in NE Atlantic, MediterraneanAtlantic, Mediterranean

• To greater or lesser degrees To greater or lesser degrees “representative areas” where VMEs are “representative areas” where VMEs are known or likely to occur in NE and NW known or likely to occur in NE and NW Atlantic, Southeast Atlantic, South PacificAtlantic, Southeast Atlantic, South Pacific

• Most areas of the high seas where VMEs Most areas of the high seas where VMEs are likely to occur remain open to bottom are likely to occur remain open to bottom fishing at fishable depthsfishing at fishable depths

SummarySummaryMove-on rules:Move-on rules:

• Thresholds levels adopted by NAFO, NEAFC, Thresholds levels adopted by NAFO, NEAFC, SEAFO and NW Pacific far too high to provide SEAFO and NW Pacific far too high to provide meaningful protection (50/100 kg corals; 1000 meaningful protection (50/100 kg corals; 1000 kg sponges – NAFO Science Council: 0.2-2kg kg sponges – NAFO Science Council: 0.2-2kg corals)corals)

• Even where threshold levels relatively low, Even where threshold levels relatively low, questions remain as to effectiveness (7-8 areas questions remain as to effectiveness (7-8 areas closures in CCAMLR triggered by move-on rule)closures in CCAMLR triggered by move-on rule)

• Not possible to quantify impacts on VMEs Not possible to quantify impacts on VMEs based on evidence/amount/weight of VME based on evidence/amount/weight of VME species in fishing gearspecies in fishing gear

SummarySummaryEnsuring the long-term sustainability of Ensuring the long-term sustainability of

deep-sea fish stocks:deep-sea fish stocks:

• Most high seas bottom fisheries target low Most high seas bottom fisheries target low productivity species (e.g. orange roughy, productivity species (e.g. orange roughy, grenadiers, deep-sea sharks) highly vulnerable to grenadiers, deep-sea sharks) highly vulnerable to overexploitation and depletion. overexploitation and depletion.

• Large number of species taken as bycatch, in Large number of species taken as bycatch, in particular in bottom trawl fisheriesparticular in bottom trawl fisheries

• Status of target species and bycatch species Status of target species and bycatch species considered overexploited, depleted or unknownconsidered overexploited, depleted or unknown - - some endangered (gulper sharks, grenadiers)some endangered (gulper sharks, grenadiers)

SummarySummary• Gear restrictons:Gear restrictons:

• ICES 2008: ICES 2008: Any gear that has bottom Any gear that has bottom contact has the potential to damage contact has the potential to damage vulnerable deep-water habitats…the vulnerable deep-water habitats…the greatest instantaneous physical greatest instantaneous physical impact on sensitive habitats is likely impact on sensitive habitats is likely to be caused by towed otter trawls…to be caused by towed otter trawls…” ” – bottom trawl fishing. – bottom trawl fishing.

• CCAMLR: prohibition on bottom trawling and CCAMLR: prohibition on bottom trawling and bottom gillnet fishingbottom gillnet fishing

SummarySummary

• Gear restrictions:Gear restrictions:

• NEAFC: prohibition on deep-sea bottom NEAFC: prohibition on deep-sea bottom gillnet fishinggillnet fishing

• GFCM: prohibition on bottom trawling GFCM: prohibition on bottom trawling below 1000 metresbelow 1000 metres

• SEAFO: Scientific Committee SEAFO: Scientific Committee recommended temporary prohibition on recommended temporary prohibition on bottom trawling and bottom gillnet fishing – bottom trawling and bottom gillnet fishing – not (yet) agreed by SEAFOnot (yet) agreed by SEAFO

Scientific developments:Scientific developments:• deep-sea fisheries in the Northeast deep-sea fisheries in the Northeast

Atlantic are depleting populations of Atlantic are depleting populations of deep-sea fish well below the depths deep-sea fish well below the depths at which the fishing takes place,at which the fishing takes place,

• IUCN Red List: leafscale gulper shark, IUCN Red List: leafscale gulper shark, Portuguese dogfish - targeted in high Portuguese dogfish - targeted in high seas bottom fishing in the Northeast seas bottom fishing in the Northeast Atlantic endangered; gulper sharks Atlantic endangered; gulper sharks critically endangered.critically endangered.

• HERMES: coral dependent deep-sea HERMES: coral dependent deep-sea fish species declining more rapidly fish species declining more rapidly than non-coral dependent species than non-coral dependent species because of adverse impacts on coralsbecause of adverse impacts on corals

Other developments:Other developments:

• Fisheries Centre, University of British Fisheries Centre, University of British Columbia 2007 - many deep-sea Columbia 2007 - many deep-sea bottom trawl fisheries on the high bottom trawl fisheries on the high seas not economically viable without seas not economically viable without state subsidies. state subsidies.

• European Commission 2007 - many European Commission 2007 - many deep-sea fish stocks in the Northeast deep-sea fish stocks in the Northeast Atlantic have such low productivity Atlantic have such low productivity that “sustainable levels of that “sustainable levels of exploitation are probably too low to exploitation are probably too low to support an economically viable support an economically viable fishery.”fishery.”

Conclusion: Summary of actions to Conclusion: Summary of actions to datedate• Impact Assessments have not yet been conducted Impact Assessments have not yet been conducted

in most bottom fisheries; where they have been in most bottom fisheries; where they have been conducted - partial and inconclusive at bestconducted - partial and inconclusive at best

• Some area closures, but many high seas areas Some area closures, but many high seas areas where VMEs likely to occur remain open to where VMEs likely to occur remain open to bottom fishing with few/no constraintsbottom fishing with few/no constraints

• Move-on rule often only measure in place in both Move-on rule often only measure in place in both existing and new/unfished areas – limited value in existing and new/unfished areas – limited value in protecting VMEsprotecting VMEs

• General reluctance to close areas where high seas General reluctance to close areas where high seas bottom fishing currently takes placebottom fishing currently takes place

• Insufficient information on status of most target Insufficient information on status of most target and bycatch species impacted by bottom fisheries and bycatch species impacted by bottom fisheries to ensure long-term sustainability to ensure long-term sustainability

UN FSAUN FSA

• 5 (d) assess the impacts of fishing...on target stocks and species belonging to the same ecosystem or associated with or dependent upon the target stocks;

• 5 (g) protect biodiversity in the marine environment;

• 5 (h) ...ensure that levels of fishing effort do not exceed those commensurate with the sustainable use of fishery resources

UN FSAUN FSA• 6.1. States shall apply the

precautionary approach widely...• 6.2. The absence of adequate scientific

information shall not be used as a reason for postponing or failing to take conservation and management measures.

• 6.3 (d) States shall...develop data collection and research programmes to assess the impact of fishing on non-target and associated or dependent species and their environment, and adopt plans which are necessary to ensure the conservation of such species and to protect habitats of special concern.

ConclusionConclusion

• UN GA 61/105 paras 83-86 far from fully UN GA 61/105 paras 83-86 far from fully implementedimplemented

• Current management of most high seas bottom Current management of most high seas bottom fisheries inconsistent with international lawfisheries inconsistent with international law

• Even if VMEs protected, can deep-sea fisheries on Even if VMEs protected, can deep-sea fisheries on the high seas targeting low productivity species the high seas targeting low productivity species ever be sustainable and economically viable?ever be sustainable and economically viable?

• Nations which permit their vessels to bottom fish Nations which permit their vessels to bottom fish on the high seas/global commons have clear on the high seas/global commons have clear obligations to the international communityobligations to the international community