2017-05-17

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The Legal Framework and Relevant Issues on the

Marine Protected Areas in ABNJ

Sujin PARK

Research Fellow, Ph.D

Korea Maritime Institute

lucid.park21@gmail.com

41th Annual Conference of the COLP

Yogyakarta, Indonesia, 17 May 2017

Contents

1. Overview of MPAs & ABNJ

2. Int’l Regimes on MPAs in ABNJ

3. MPAs in the UN BBNJ

4. Challenges & Perspectives

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I. Overview of MPA & ABNJ

What is MPAs?(CBD Artcle.2)

"Protected area" means a geographically defined area which is designated

or regulated and managed to achieve specific conservation objectives.

(IUCN Guideline 2008)

“A protected area is a clearly defined geographical space, recognised, dedicated and managed, through legal or other effective means, to achieve the long-term conservation of nature with associated ecosystem services and cultural values”

Difference of MPA and Fisheries Management Area(FMA)- (MPA) overall health and diversity of the ecosystem

- (FMA) temporary fishing closures to maintain, recover or evaluate fish stocks

- But, MPA may include seasonally closed zones

ex) Great Barrier reef Marine Park, Galapagos Marine Reserve

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1. What is Marine Protected Areas ?

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2. Current status of MPAs

https://www.iucn.org/theme/protected-areas/about

The world's largest MPAs as of March 2016http://www.protectplanetocean.org/official_mpa_map

MPA of the world

The official statistics for global MPA coverage

- Only 2.8% of the global ocean is protected*

- CBD Aichi Target 11: at least 10 % of coastal and marine areas are protected by 2020* IUCN and UNEP-WCMC (2013), The World Database on Protected Areas (WDPA) Cambridge, UK: UNEP- WCMC

- 9.7% of the territorial seas (0–12 nautical miles)

- 4.6% in Exclusive Economic Zones (EEZ) (12-200 nautical miles)

- 0.14% in the High Seas (beyond 200 nautical miles)

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Basically, MPAs on the high seas and the Area will be proposed and established by new international instrument- Geographical scope of MPA is High Seas and The Area

Areas Beyond National Jurisdiction(ABNJ)

www.pame.is/images/stories/PDF_Files/AMSA_2009_Report_2nd_print.pdf

Proposal & Establishment

of MPA

3. MPAs in ABNJ

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II. Int’l Regimes on MPAs in ABNJ

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1. Relevant International Regimes & Governance

UN Framework & IGO

UNLOS

UNFSA/1994 Agreement

UNEP CBD EBSAs

IMO

FAO/RFMOs

International NGO

IUCN

WWF

Green Peace

Ocean Care

IMPAC

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2. MPAs under International Regimes

UNCLOS (Art.194.5, 117, 120)

- (Art.194.5) The measures taken in accordance with this Part Shall include those necessary to

protect and preserve rare or fragile ecosystems as well as the habitat of depleted, threatened or

endangered species and other forms of marine life

- Article.117(Duty of States’ national measures for the conservation of the living resources of the

High Seas)

- Article.120(Marine mammals)

UNFSA conservation and management measures (Art.7)

IMO PSSAs

- IMO PSSAs(14 PSSAs designation), Special Areas(MARPOL Convention)- IMO PSSAs guideline (shipping activities & environment)

FAO Code of Conduct

- International of fisheries into coastal area management

3. RFMOs management areas

http://www.seaaroundus.org

http://www.pewtrusts.org

An RFMO is regional fisheries management organization (articles 117 and 118 of UNCLOS)

an international body made up of countries share a practical and/or financial interest in managing and conserving fish stocks in a particular region

There are approximately 17 RFMOs covering various geographic areas, some of which overlap

RFMOs usually focus on commercially valuable species, but recently most RFMOs manage ecosystem approach to fisheries

Five tuna RFMOs have responsibility for managing fisheries in approximately 91 percent of the world's oceans

- IOTC, WCPFC, IATTC, ICCAT, CCSBT

RFMOs

FAO International Guidelines for the Management of Deep-sea Fisheries in the High Seas (2009)- Conservation and protection of Vulnerable Marine Ecosystems (VMEs)

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CBD EBSAs(Ecologically or Biologically Significant Areas) are not MPA but can be developed MPA

Western South Pacific, Wider Caribbean & Western Mid-Atlantic, Southern Indian Ocean, MediterraneanEastern Tropical & Temperate Pacific, North Pacific, South-Eastern Atlantic, Arctic, North-West Atlantic (9 regions)

4. CBD EBSAs & MPAs in ABNJ (1/3)

http://www.cbd.int

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Criteria of CBD EBSAsWestern South Pacific

Wider Caribbean & Western Mid-Atlantic

4. CBD EBSAs & MPAs in ABNJ (2/3)

http://www.cbd.int/ebsa

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4. CBD EBSAs & MPAs in ABNJ (3/3)

http://www.cbd.int

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III. MPAs in the UN BBNJ

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1. Overview of the UN BBNJ meetings

2004 59th UNGA Resolution(UNGA/Res A/59/24) - Ad Hoc Working Group of Biodiversity Conservation and Sustainable Use in ABNJ

2004 UNGA Resolution 59/24, ABNJ WG establishment

2006 1st WG : ABNJ legal/socioeconomic/environmental issues (High Sea IUU, MGR)

2008 3rd WG : New International Regime vs Existing legal framework ,

package deal

2011(5th WG) negotiations shall address the topics identified in the package agreed

2014(7th WG) : International Instrument negotiation got into stride, MPA/MGR issues

2014(8th WG) : scope, parameters, feasibility of an International instrument

2015(9th WG) : decide to develop an international legally-binding instrument,

should not undermine existing relevant legal instruments &

global, regional and sectoral bodies

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2. UN BBNJ on MPAs (1/3)

• ABMTs include IMO, FAO, RFMOs and UNEP regional seas programs.

• However, currently ABMTs focus on biological diversity and fisheries resources management in high seas.

• UNFSA, FAO code of conduct, RFMOs are not good enough to conserve and sustainable use of marine biodiversity in ABNJ, so global comprehensive regulatory regime is needed.

• UN BBNJ discussion started from dealing with bottom trawl fishing in 2006

• MPAs were also discussed as part of Area Based Management Tools(ABMTs)

2004 59th UNGA 2015 69th UNGA 2017 72th UNGA

1st ABNJ WG (2006)- 9 meetings

- 9th ABNJ WG (2015)

legally binding Int’l Instrument Preparatory Committee

- 4 times Prep-com(2016~2017)

Submission Result of

Prep com

- Future Roadmap, TOR etc

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1st WG (2006.2): importance and necessary of Area-based management measures, including representative N/W of MPAs

2nd-3rd WG (2008.4-2010.2): Role of Area-based management tools in MPA are essential and effective tools for BBNJ, existing ABMT by IMO/ISA/RFMOs/regional environmental bodies, CBD EBSA, development of a common methodology for the identification & selection of MPA , management based on science, guidance for future discussion of MPA

4th-5th WG (2011.5-2012.5): stressed developing a framework for MPA, determination the legal basis for MPA, based on scientific evidence and should not prejudice the rights of States to the rational use of natural resources, objectives of MPA and allowed activities, consideration of existing mechanisms and integrated approach

6th-7th WG (2013.8-2014.4): the lack of a global framework for areas-based mgt arrangement, need to identify types of activities allowed within PAs and monitoring way, relationship between a new int’l instrument and existing instruments

8th-9thWG (2014.6-2015.4): necessary for developing a framework of recommendations, standards and procedures, criteria and guidelines for existing bodies to identify and manage marine protected areas.

Various purpose of MPA (mgt of fish stocks, mgt of seascape, recovery of endangered species or threatend habitat), the basis of the definition of the IUCN

recommended negotiation legally binding international instrument by the Preparatory process 2016-2017

2. UN BBNJ on MPAs (2/3)

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1st-3rd Prep-com (2016.3-2017.3): fisheries in high seas, cooperation and coordination existing bodies or instruments, MPA process

2. UN BBNJ on MPAs (3/3)

Objectives, Definition of MPAs Guiding principles and approaches Process for the establishment of MPAs

- Identification of areas - designation process 3.2.1. Proposal - Consultation on and evaluation of the proposal - Designation

Follow-up to the designation / implementation Relationship to MPAs established prior to the instruments, frameworks

- legal instruments/ frameworks/ global, regional, sectoral bodies Capacity-building and transfer of marine technology

Prepcom1st-3rd

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IV. Perspectives & Challenges

A: Applicable criteria for MPAs will be adopted in BBNJ

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Challenge 1. Criteria for MPAs designation

Q: Based on which criteria MPAs in ABNJ can be designated?

Similar criteria▶Uniqueness or rarity▶Diversity▶Naturalness▶Biological Productivity▶Vulnerability, Fragility▶Endangered or

threatened species

Different criteria▶Migratory routes, Dependency(IMO PSSA)▶Human activities &Protected Area categories(IUCN guideline)▶Historic value(ASPA, ATS Environmental Protocol)

Various relevant regimes on MPAs

Common and practical criteria

MPAs in BBNJ

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A: Balance should be maintained between ‘not to undermine’principle and practical purpose of each international regimes forMPAs in ABNJ.

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Challenge 2. Relations with other existing international regimes

Q: Is it possible to set new and additional MPAs in ABNJ where existing international regimes already designated?

If yes, to what extent can we limit the human activities?

Comprehensive,holistic framework

Not to undermine other existing relevant regimes

BBNJ

A: Feasibility should be tested via “Pilot MPAs” in ABNJ includingthe scope of stakeholders, financing funding and themanagement.

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Challenge 3. Feasibility of MPAs in ABNJ

Q: Is it really possible to designate the MPAs in “ABNJ” given the many

difficulties in reality?

Stakeholders& Decision-Scope ofstakeholders,proposal/designation/establishment

How to raise the financial resources

Process of MPAs in ABNJ

Management- Which body, under what mandate, with what measures

Scientific evidence Gap-lack of research and DB on BBNJ

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Thanks for your attention !