Challenges and opportunities for high seas biodiversity conservation

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1 Challenges and opportunities for high seas biodiversity conservation Kristina M. Gjerde High Seas Policy Advisor IUCN Global Marine Program 2007 Law of the Sea Institute Conference Harte Research Institute March 24, 2007 Corpus Christi, Texas

2 Topics to be covered Relevance of high seas Challenges of high seas governance Importance of UNCLOS Key debates Next steps

3 High Seas The problems of ocean space are closely interrelated and need to be considered as a whole. (UN General Assembly Resolution 1970)

4 John Guinotte, MCBI

5

6 Bluefin connectivity Insert Barbara Block tagging work Two populations of bluefin tuna in the North Atlantic that share common feeding grounds as adolescent and adults but sort to western breeding grounds (orange) and the Mediterranean Sea (White). (Block, B. Nature, 2005)

7 Challenges of High Seas Governance Frontier mentality Rich resources Open access Flag state jurisdiction Free riders Roving bandits (Berkes, et al. 2006) Yet resources limited and impacts growing

8 21 st century challenge and imperative for biodiversity conservation Melting Arctic Sea level rise Slowing Meridional Overturning Circulation Decreased natural carbon sinking Ocean acidification Coral bleaching Invasive species Extreme weather Methane hydrates

9 Resilience-based ecosystem management MPA networks designed to take effects of climate change into account Sustainable fisheries management Where to begin?

10 High Seas Rights and Duties UN Convention on Law of the Sea, 1982 Freedom to Fish Navigate Lay submarine cables and pipelines Conduct marine scientific research Conduct peaceful military activities Authorize vessels to fly national flag Duty to Conserve living marine resources Protect and preserve marine environment Cooperate Control vessels and citizens Not interfere unjustifiably with rights and interests of others

11 Deep seabed regime for mineral resources beyond national jurisdiction Common heritage of mankind (CHM) For the benefit of mankind Research and environmental regulations to precede mining activities International Seabed Authority G77 assert CHM also applicable to marine genetic resources

12 Challenges to biodiversity conservation in ABNJ (1) Implementation gaps Regulatory gaps Unregulated activities bottom fishing, noise, open ocean fertilization, marine scientific research, bioprospecting, tuna ranching No procedures for prior impact assessment, risk minimization, strategic ecological assessment Geographic gaps

13 Geographic gaps: fisheries and non-fisheries management World Fisheries Bodies courtesy FAO

14 Rights and duties regarding extended continental margins

15 Challenges to biodiversity conservation in ABNJ (2) Governance gaps Inconsistent mandates Varying priorities No accountability Lack of mechanisms for integrated ecosystem-based management framework, and.

16 Little evidence of application of a precautionary approach Before trawling After trawling Photos courtesy Keith Sainsbury

17 World Summit on Sustainable Development Johannesburg 2002 Significantly reduce the rate of loss of biodiversity by 2010, (para. 44) Encourage the application by 2010 of the ecosystem approach (30(d)), Maintain the productivity and biodiversity of important and vulnerable marine and coastal areas, including in areas within and beyond national jurisdiction, (32(a))

18 WSSD goals and targets Develop and facilitate the use of diverse approaches and tools, including: the ecosystem approach, the elimination of destructive fishing practices, the establishment of marine protected areas consistent with international law and based on scientific information, including representative networks by 2012 and time/area closures for the protection of nursery grounds and periods, proper coastal land use and watershed planning and the integration of marine and coastal areas management into key sectors 32(c)

19 Key debates (1) Freedom of the seas what does it mean in the 21st century? Fisheries right to marine biodiversity vs. right to fish Integrated ecosystem-based management vs. sector based management

20 Key debates (2) Deep seabed genetic resources common heritage of mankind vs. first come first served and/or benefit sharing

21 Key debates (3) Marine protected areas Framework for representative systems and/or Sectoral-threat based approach Regional bodies expand mandate of regional seas bodies reform RFMOs and/or create more integrated mechanisms

22 Key debates (4) UNCLOS amendment implementing agreement and/or better implementation of existing agreements

23 UN Working Group on Conservation and Sustainable Use in ABNJ (February 2008) Environmental impacts of anthropogenic activities Coordination and cooperation Role of area-based management tools Marine genetic resources Is there a governance or regulatory gap? If so, how it should be addressed?

24 Next steps: Agree on policy principles to harmonize mandates Incorporate precaution and ecosystem approach Shift burden of proof to ensure all uses are sustainable Spatial planning and MPAs to protect rare, vulnerable, significant and representative areas Address unregulated activities

25 Next steps: Establish mechanisms for: high level support and coordination regional ocean management and governance structures beyond fisheries effective compliance and enforcement accountability, transparency, participation Equitable and innovative forms of benefit sharing (capacity building; trust funds)

26 Why wait? Short term action Implement existing obligations and commitments 2006 UNGA Sustainable Fisheries resolution paragraphs on bottom fishing Advance scientific basis for identifying representative MPA networks Establish pilot high seas MPAs Develop national EIA regulations and codes of conduct Agree on sanctions for non-cooperation

27 G8 (+5) Potsdam Initiative Biological Diversity ) The economic significance of the global loss of biological diversity In a global study we will initiate the process of analysing the global economic benefit of biological diversity, the costs of the loss of biodiversity and the failure to take protective measures versus the costs of effective conservation. 7) Global network of marine protected areas We will intensify our research and enhance our cooperation regarding the high seas in order to identify those habitats that merit protection and to ensure their protection. 8) Biodiversity and climate change We will aim for an improved linkage between climate and biodiversity policies. We will ensure that biodiversity aspects are equally considered in the mitigation of and the adaptation to climate change (incl. biomass) and the reduction of emissions from deforestation. We will strive for the reduction of trade-offs and the implementation of win-win solutions.

28 Thank You!

29 Growth of the global MPA network Wood et al. (submitted) 0.6% of the world is subject to some form of protection. 0.08% is no-take

30 Future of the global MPA network Wood et al. (submitted) Annual growth rate of total global marine area protected is 5.2%

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