The Legal Framework and Relevant Issues on the Marine Protected Areas in ABNJ. 1. Overview of MPAs & ABNJ. 2. Int l Regimes on MPAs in ABNJ

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1 41th Annual Conference of the COLP The Legal Framework and Relevant Issues on the Marine Protected Areas in ABNJ Sujin PARK Research Fellow, Ph.D Korea Maritime Institute 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 1

2 I. Overview of MPA & ABNJ 3 1. What is Marine Protected Areas? 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 4 2

3 2. Current status of MPAs The world's largest MPAs as of March 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) ( nautical miles) % in the High Seas (beyond 200 nautical miles) 5 3. MPAs in ABNJ 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) Proposal & Establishment of MPA 6 3

4 II. Int l Regimes on MPAs in ABNJ 7 1. Relevant International Regimes & Governance UN Framework & IGO International NGO UNLOS UNFSA/1994 Agreement UNEP CBD EBSAs IMO FAO/RFMOs IUCN WWF Green Peace Ocean Care IMPAC 8 4

5 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 9 3. RFMOs management areas RFMOs 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 FAO International Guidelines for the Management of Deep-sea Fisheries in the High Seas (2009) - Conservation and protection of Vulnerable Marine Ecosystems (VMEs) 5

6 4. CBD EBSAs & MPAs in ABNJ (1/3) 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, Mediterranean Eastern Tropical & Temperate Pacific, North Pacific, South-Eastern Atlantic, Arctic, North-West Atlantic (9 regions) CBD EBSAs & MPAs in ABNJ (2/3) Criteria of CBD EBSAs Western South Pacific Wider Caribbean & Western Mid-Atlantic

7 4. CBD EBSAs & MPAs in ABNJ (3/3) 13 III. MPAs in the UN BBNJ 14 7

8 1. Overview of the UN BBNJ meetings th 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 st WG : ABNJ legal/socioeconomic/environmental issues (High Sea IUU, MGR) rd WG : New International Regime vs Existing legal framework, package deal 2011(5 th WG) negotiations shall address the topics identified in the package agreed 2014(7 th WG) : International Instrument negotiation got into stride, MPA/MGR issues 2014(8 th WG) : scope, parameters, feasibility of an International instrument 2015(9 th WG) : decide to develop an international legally-binding instrument, should not undermine existing relevant legal instruments & global, regional and sectoral bodies UN BBNJ on MPAs (1/3) UN BBNJ discussion started from dealing with bottom trawl fishing in 2006 MPAs were also discussed as part of Area Based Management Tools(ABMTs) 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. ABMTs include IMO, FAO, RFMOs and UNEP regional seas programs. However, currently ABMTs focus on biological diversity and fisheries resources management in high seas th UNGA th UNGA th UNGA 1 st ABNJ WG (2006) - 9 meetings - 9 th 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 16 8

9 2. UN BBNJ on MPAs (2/3) 1 st WG (2006.2) : importance and necessary of Area-based management measures, including representative N/W of MPAs 2 nd- 3 rd WG ( ) : 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 4 th- 5 th WG ( ) : 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 6 th- 7 th WG ( ) : 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 8 th- 9 th WG ( ) : 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 UN BBNJ on MPAs (3/3) 1 st- 3 rd Prep-com ( ) : fisheries in high seas, cooperation and coordination existing bodies or instruments, MPA process Objectives, Definition of MPAs Guiding principles and approaches Process for the establishment of MPAs - Identification of areas - designation process 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 Prepcom 1 st -3 rd 18 9

10 IV. Perspectives & Challenges 19 Challenge 1. Criteria for MPAs designation Q: Based on which criteria MPAs in ABNJ can be designated? A: Applicable criteria for MPAs will be adopted in BBNJ Similar criteria Uniqueness or rarity Diversity Naturalness Biological Productivity Vulnerability, Fragility Endangered or threatened species Various relevant regimes on MPAs MPAs in BBNJ Different criteria Migratory routes, Dependency(IMO PSSA) Human activities &Protected Area categories(iucn guideline) Historic value(aspa, ATS Environmental Protocol) Common and practical criteria 20 10

11 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? A: Balance should be maintained between not to undermine principle and practical purpose of each international regimes for MPAs in ABNJ. BBNJ Comprehensive, holistic framework Not to undermine other existing relevant regimes 21 Challenge 3. Feasibility of MPAs in ABNJ Q: Is it really possible to designate the MPAs in ABNJ given the many difficulties in reality? A: Feasibility should be tested via Pilot MPAs in ABNJ including the scope of stakeholders, financing funding and the management. Process of MPAs in ABNJ Stakeholders & Decision -Scope of stakeholders, proposal/ designation/ establishment Scientific evidence Gap -lack of research and DB on BBNJ How to raise the financial resources Management - Which body, under what mandate, with what measures 22 11

12 23 Thanks for your attention! 24 12