Why do we need a global framework for MPAs in ABNJ? Kristina M. Gjerde IUCN High Seas Policy Advisor

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1 Why do we need a global framework for MPAs in ABNJ? Kristina M. Gjerde IUCN High Seas Policy Advisor kgjerde@eip.com.pl

2 40% ocean heavily affected by humans (c) Halpern et al Scientists found that almost no areas have been left pristine and that more than 40% of the world's oceans have been heavily affected.

3 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,

4 KEY GOVERNANCE CHALLENGES the High Seas as global commons although serving some one person it still suffices for the common use of all other persons Hugo Grotius, 1609 Freedom of Seas

5 Why a global framework for MPAs in ABNJ? The case for a global regime Photo Credit: John Weller

6 Marine Protected Area 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)

7 HIGH SEAS GOVERNANCE FRAMEWORK 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??? Photo Credit: John Weller

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

9 World Summit on Sustainable Development JOHANNESBURG, 2002 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 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

10 Aichi Biodiversity Targets 2020 CBD COP 10, By 2020, at least 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.,

11 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

12 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

13 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

14 International Maritime Organization Discharge and emission restrictions Reporting requirements Routeing measures Particularly Sensitive Sea Areas (PSSAs) Credit: Simon Walmsley

15 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

16 International Seabed Authority Common heritage of mankind Protect and conserve the natural resources Prevent damage to the flora and fauna Credit: NOAAA Credit: ISA

17 Issues related to seabed mining Only indirect mandate for proactive No mining areas How to protect large scale representative areas? Credit: NOAAA Credit: ISA

18 (orange) in the Pacific Ocean shifted over Europe

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

20

21 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: NOAAA Credit: ISA

22 Slide courtesy: Daniel Dunn Convention on Biological Diversity

23 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

24 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

25 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

26 EBSA s & Data / Capacity Building Report on EBSA s Compiled from the Regional Workshops Regional Workshops EBSA Repository Long-term Research & Capacity Development Plan Information Sharing with: UNDOA LOS, FA O, ISA, IMO, UNEP CBD Scientific Partners WCMC, GOBI, OBIS RSOs, RFMOs SBSTTA CBD COP Report on EBSA s Recommended by SBSTTA Report on EBSA s endorsed by COP Slide courtesy: Daniel Dunn UN Working Group on Biodiversity Beyond National Jurisdiction (BBNJ)

27 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

28 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: John Weller

29 Role of an UNCLOS Implementation Agreement Credit: Philippe Rouja

30 United Nations General Assembly Bringing coherency to conservation in ABNJ International Seabed Authority AREAS OF PARTICULAR ENVIRONMENTAL INTEREST (APEIS) UNESCO WORLD HERITAGE SITES Specialized Agencies FAO RFMOs VULNERABLE MARINE ECOSYSTEMS (VMES) IMO PARTICULARLY SENSITIVE SEA AREAS (PSSAS) CBD Secretariat ECOLOGICALLY OR BIOLOGICALLY SIGNIFICANT AREAS (EBSAS) Programmes & Funds UNEP CMS Secretariat Regional Seas Secretariat Secretariat Office of Legal Affairs Division of Ocean and Law of the Sea (DOALOS) UNICPOLOS UN Working Group (BBNJ) 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

31 Role of an UNCLOS Implementation Agreement Procedure for designation of MPAs Credit: Philippe Rouja

32 Role of an UNCLOS Implementation Agreement Areabased management Improved implementation Credit: Philippe Rouja

33 Finding the Right Balance Credit: Paul Kuczysnski

34 Finding the Right Balance 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 Credit: Paul Kuczysnski

35 Thank you!!! Credit: Paul Kuczysnski

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