Deep sea research needs for international ocean governance: an IUCN perspective. Kristina Maria Gjerde IUCN High Seas Policy Advisor Warsaw, Poland

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Deep sea research needs for international ocean governance: an IUCN perspective Kristina Maria Gjerde IUCN High Seas Policy Advisor Warsaw, Poland HERMES Science Policy Panel Brussels, Belgium 26 March 2009

Overview Why do we care International ocean governance framework Challenges Research needs Next steps

Why are the deep seas important?

The Deep Supports largest biosphere on Earth Regulates climate Contains vast natural resources Highest biodiversity on land or sea Increasing exploitation Poorly understood

More than 40% of oceans already strongly affected by humans. Halpern et al., Science, 2008

Cumulative impacts Direct impacts Indirect effects Pollution Climate change impacts Ocean acidification Invasive species Disease Hall-Spencer et al. (2002) Trawling damage to ancient NE Atlantic coral reefs Proceedings of the Royal Society 269, 507-511

Carbon Sequestration Ocean fertilization Jack Cook, WHOI Graphics Direct release on ocean surface or on seafloor (CO 2 lakes) Deep seabed injection Releasing of carbon on ocean surface and seafloor IPCC (2005)

Overview Why do we care International ocean governance framework Challenges Research needs Next steps

What is international ocean governance? Governance: the fundamental goals and institutional processes and structures that are the basis for planning and decisionmaking Fundamental goals Institutional processes and structures Planning and decision-making

Fundamental goals of UNCLOS A legal order to facilitate international communication and Promote the peaceful uses of the seas and oceans, the equitable and efficient utilization of their resources, the conservation of their living resources, and the study, protection and preservation of the marine environment (UNCLOS Preamble).

Ocean zones under the UN Convention on the Law of the Sea, 1982 Internal waters Territorial sea Exclusive Economic Zone Continental shelf Extended continental shelf The High Seas The Area

International Legal Framework Alberto Lindner, NOAA UNCLOS Convention on Biological Diversity UN Fish Stocks Agreement Convention on Migratory Species CITES Antarctic Treaty System Regional Seas conventions and action plans RFMOs International Maritime Organization International Seabed Authority

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 Construct artificial islands Authorize vessels to fly national flag Duty to Conserve living marine resources Protect and preserve marine environment Cooperate Control vessels and citizens Comply with other international legal obligations

Seabed mineral resources in the Area Common heritage of mankind Resource rights vested in mankind as a whole International Seabed Authority to manage for benefit of mankind Environmental regulations to precede mining activities Only applicable to mineral resources

Global Commitments: World Summit on Sustainable Development, 2002 halting the decline of biodiversity by 2010; encouraging the application of the Ecosystem Approach in marine management by 2010; establishing representative marine protected area networks by 2012; restoring depleted fish stocks to maximum sustainable yields by 2015, where possible eliminating destructive fishing practices

Overview Why do we care International ocean governance framework Challenges Research needs Next steps

Institutional processes and structures result in: Poor implementation Fragmented management Flawed rule-making Free riders Many unregulated activities

And activities proceed despite a lack of basic knowledge or understanding of deep ocean processes and species Leafscale Gulper Shark Centrophorus squamosus

In a changing ocean -- need to rethink international oceans governance Governance goals will need to reflect new imperative: Maintain functioning ecosystems to enhance resilience to change Institutional processes and structures need to be nimble : Able to act in the absence of knowledge and Adapt in the presence of rapidly changing knowledge

And enable informed planning and decision-making Ecosystem-based approaches to management environmental impact assessments cumulative impact assessment strategic environmental assessments spatial planning protected marine areas Photo courtesy of Deep Atlantic Stepping Stones Science Team/IFE/URI/NOAA.

Overview Why do we care International ocean governance framework Challenges Research needs Next steps

Deep sea bottom fishing on the high seas UN General Assembly Resolution 61/105 RFMOs and States to protect vulnerable marine ecosystems and ensure sustainability UN Food and Agriculture Organization guidelines Criteria for Vulnerable Marine Ecosystems Significant adverse impacts Procedure for prior impact assessment Encounter rules and thresholds UNGA review of progress in 2009

FAO Guidelines criteria for identifying vulnerable marine ecosystems 42. i. Uniqueness or rarity ii. Functional significance of the habitat iii. Fragility iv. Life-history traits of component species that make recovery difficult: slow growth rates; late age of maturity; low or unpredictable recruitment; or long-lived v. Structural complexity

FAO Guidelines criteria for Significant Adverse Impacts 17 compromise ecosystem integrity in a manner that impairs ability of populations to replace themselves, degrades long-term natural productivity, causes on more than temporary basis significant loss of richness, habitat or community types 18) Consider the following 6 factors Intensity or severity of impact Spatial extent of impact relative to habitat available Sensitivity/vulnerability of area to the impact Ability to recover and expected rate of recovery Extent that ecosystem function may be altered by impact Timing and duration of impact relative to function

CBD SCIENTIFIC CRITERIA FOR IDENTIFYING ECOLOGICALLY OR BIOLOGICALLY SIGNIFICANT MARINE AREAS IN NEED OF PROTECTION, IN OPEN- OCEAN WATERS AND DEEP-SEA HABITATS (Annex I) 1. Uniqueness or Rarity 2. Special importance for life history stages of species 3. Importance for threatened, endangered or declining species and/or habitats 4. Vulnerability, Fragility, Sensitivity, or Slow recovery 5. Biological Productivity 6. Biological Diversity 7. Naturalness

CBD SCIENTIFIC GUIDANCE FOR DESIGNING A REPRESENTATIVE NETWORK OF MARINE PROTECTED AREAS, INCLUDING IN OPEN OCEAN WATERS AND DEEP- SEA HABITATS (Annex II) 1. Ecologically and biologically significant areas 2. Representativity 3. Connectivity 4. Replicated ecological features 5. Adequate & Viable sites

Ecologically and biologically significant areas and representative networks, CBD Decision XI/20, May 2008 1. Adopted criteria and guidance 2. Urged Parties and invited other governments and relevant organizations to apply them and to submit their views and experiences 3. Workshop in 2009 to review and synthesize progress (Ottawa, Canada) 4. And develop scientific and technical guidance

New CBD Criteria Initiative providing scientific support To assist preparation for CBD expert workshop: Ottawa, Canada (29 Sept-2 Oct) Engage scientists to provide comments and advice on applying the scientific criteria (e.g., CBD e-forum) Provide illustrations of how individual EBSA criteria can be interpreted and mapped Develop regional case studies

UNEP-WCMC Interactive High Seas Viewer

Environmental impact assessment CBD Decision IX/20 Workshop to develop guidelines for EIA Philippines, November 2009 Deep Atlantic Stepping Stones Science Team/IFE/URI/NOAA

Pressing research needs Importance of biodiversity on ecosystem function and structure Connectivities Direct, indirect and cumulative effects of human activities Climate change Ocean acidification Earth system implications

Next steps Update international ocean governance to: Reflect fundamental goal of ecosystem health and resilience Upgrade institutional capacity for precautionary and adaptive management Establish mechanism to deliver continually updated scientific advice Adopt science-based planning and decisionmaking processes and tools

Fora for discussion Regular Process for Reporting and Assessment, UN August 2009 UNFCCC, Copenhagen, December 2009 3 rd UN Working Group on BBNJ, early 2010 CBD SBSTTA, April, 2010 CBD COP 2010, Nagoya, Japan, October 2010

Thank you! kgjerde@eip.com.pl http://iucn.org/marine