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2.6 Recommendations
for action: Improving the management of marine ecosystems
Anthropogenic climate change has the potential to cause
considerable additional stresses to marine ecosystems in future (Section
2.2–2.4). It is likewise possible that it will have an impact on
commercial fishing, given that the naturally occurring variability in
climate already plays a major role in the fluctuation of fish stocks.
In some regions, anthropogenic temperature change is on the point of exceeding
the highest levels ever reached by natural variability (e.g. in the Arctic:
ACIA, 2005). Given the current state of knowledge, however, it is virtually
impossible to make globally aggregated forecasts of the impact of climate
change on marine ecosystems. As no comparable historical data or empirical
figures are available, forecasts would amount to little more than speculation.
Mitigation
of climate change, particularly by substantially reducing greenhouse gas
emissions (WBGU, 2003; Schellnhuber et al., 2006), is crucial if additional
stresses on marine ecosystems are to be limited. One mitigation option
of direct relevance to oceans is sub-seabed storage of CO2 (Chapter 5).
Due to the geophysical lag effects of the climate system, however, adaptation
measures will be unavoidable even if rigorous efforts are made to reduce
emissions. For this reason, adaptation to climate change will be the focus
of this section. Priorities set by WBGU in this context are fisheries
management and marine protected areas. It makes sense to adopt adaptation
measures for other reasons, too, as climate change is only one of many
ways in which human influence degrades marine ecosystems (overfishing,
destruction and pollution of marine ecosystems, invasion of alien species,
etc.; GESAMP, 2001; UNEP, 2002). Even considered separately, each of these
factors poses a considerable challenge to the international community.
Coupling
and synergistic effects between the different factors call for particular
attention (Brander, 2005). A coral reef that has suffered prior damage
due to pirate fishing with poison or dynamite will be particularly sensitive
to periods of unusually high temperatures (Section 3.3; Wilkinson, 2004).
Where stocks of a species have been heavily depleted by overfishing, they
will regenerate much more slowly if coastal ecosystems that serve as nursery
grounds are exposed to severe stresses as a result of infrastructure measures
or pollution, or if there is an additional stress in the form of warming.
It is easy to find other examples to add to this list (for an overview,
see Brander, 2005). Consequently, it is vital to consider the various
factors in an integrated manner if management of marine ecosystems is
to be successful. In the coming years, it will therefore become all the
more important to rein in current overfishing practices and other destructive
anthropogenic factors at the same time, so that marine ecosystems will
have sufficient resilience to cope with climate change (Brander, 2005).
For
these reasons, the ecosystem approach for promoting conservation and sustainable
use of ecosystems and their living resources that was developed under
the Convention on Biological Diversity and reaffirmed at the World Summit
on Sustainable Development (WSSD) is vitally important (see e.g. OSPAR,
2003). In order to implement this approach, research and monitoring of
marine ecosystems and ocean regimes must be improved and this knowledge
applied to the assessment and management of fish species of commercial
interest (FAO, 2003; Section 2.7). Current knowledge regarding the exceedingly
complex interactions between climate, physical and chemical conditions
in the sea, marine ecosystems and fishery is inadequate for making reliable
predictions relating to how marine systems are likely to respond to climate
change (ACIA, 2005; Section 2.7). Inadequate knowledge must not, however,
serve as a pretext for delaying conservation and management measures.
On the contrary: in accordance with the precautionary principle, action
must be taken even if uncertainty prevails. This precautionary principle
is already enshrined in multilateral fisheries policy, e.g., in the United
Nations agreement on migratory fish stocks.
2.6.1 Fisheries
management
National and international institutions face the challenge of dealing
with the complex set of anthropogenic factors that currently characterizes
the fisheries sector, of making decisions regarding sustainable management
of the sector on this basis and, not least, implementing these decisions
on the ground. Up to now, the situation has been less than satisfactory:
calls for sustainable management of fish stocks, which we have been hearing
for decades now and are reiterated time and again at international conferences,
have hardly brought about any improvement in the overall situation (although
there are some important regional exceptions) (Section 2.3). Half of all
fish stocks are fully exploited, while a quarter of fish stocks have already
collapsed as a result of overfishing (FAO, 2004). Illegal and unregulated
fishing on the high seas continues to be an unresolved problem despite
international efforts (FAO, 2001). In the future, this already very difficult
situation will be exacerbated by climate change. In addition, new technologies
have extended the boundaries of the feasible ever further in fishing,
for example fish finding using much-improved sounding technology, and
reaching great depths or particular stocks using modern catching methods.
Nowadays,
virtually no ocean habitat is inaccessible to fishing activities.
For
these reasons, management of fishing grounds based on the ecosystem approach
and on the precautionary principle is urgently needed in order to maintain
the resilience of marine ecosystems (Scheffer et al., 2001; Pikitch et
al., 2004). The Agreement on Conservation and Management of Straddling
Fish Stocks and Highly Migratory Fish Stocks in the high seas applies
the precautionary principle. In FAO programmes, too (e.g. in the Code
of Conduct for Responsible Fisheries; FAO, 1995), the precautionary principle
and ecosystem conservation have played a major role for some time. The
EU’s strategy for protection of the marine environment names the
ecosystem approach as a key component (EU-Kommission, 2005), although
it excludes fisheries policy from this strategy. Moreover, the binding
requirements it sets out are very vague, with the result that the strategy’s
effectiveness is likely to depend largely on how it is implemented by
the Member States.
Broad-based
enforcement of sustainable fisheries management is long overdue (Fujita
et al., 2004). The scientific and conceptual foundations have already
been laid and have been reaffirmed repeatedly in the international policy
arena. In many cases legislative provision at national and regional level
is already adequate. In the European Union, for example, the Common Fisheries
Policy has been endowed with a legal framework that is perfectly acceptable
in environmental policy terms. It has yet to be rigorously implemented,
however, most notably implementation of adherence to the scientifically-based
recommendations from the International Council for the Exploration of
the Sea regarding catch quotas. Rapid elimination of excess fishing fleet
capacity has also yet to take place (SRU, 2004). It is not the purpose
of this section to discuss all the issues relating to global fisheries
management and its shortcomings. The aim is rather to formulate recommendations
or reinforce existing recommendations relating to the additional problem
of climate change and its impact on fisheries.
•
A paradigm shift away from publicly subsidized overfishing (SRU, 2004)
to a sustainable fisheries sector is long overdue. In order to achieve
this, efforts must be urgently intensified to resolve the primary problems
of the marine fisheries sector, namely excess fishing fleet capacity,
destructive fishing practices, excessive bycatch, inflated catch quotas,
illegal or unregulated fishing in the high seas, habitat destruction
in coastal ecosystems, and pollution. An increased drive to promote
labelling of sustainable marine products is also urgently needed. Implementation
of the goals adopted by the World Summit on Sustainable Development
(WSSD) is a key yardstick in this context.
• Eliminating subsidies in the fisheries sector is an effective
means of slowing overfishing and putting an end to it altogether in
the long term. Estimates of subsidies to the fisheries sector worldwide
range from US$15–30 thousand million annually (Milazzo, 1998;
Virdin and Schorr, 2001). These subsidies should be cut in order to
reduce incentives to overexploit the marine environment. At the same
time, public funds would be set free for investment in activities that
include protecting the marine environment.
• Recent efforts to reduce fisheries subsidies in the context
of the WTO are welcomed by WBGU. This relates particularly to subsidies
in the OECD countries and especially in the EU (SRU, 2004). The possibility
of negative social and ecological consequences arising as a result of
cuts in subsidies, particularly in developing countries, due to the
search for new ways of earning an income or alternative ways of exploiting
the natural environment, must be explored and, where appropriate, taken
into account. This must not, however, be allowed to hold up implementation
of a swift and consistent change in international policy on subsidies.
• Due to the complex interaction of many factors, both anthropogenic
and natural, the integrated ecosystem approach for promoting conservation
and sustainable use of ecosystems and their living resources developed
under the Convention on Biological Diversity and reaffirmed at the WSSD
is vitally important. On the one hand, monitoring of ocean regimes and
ecosystem parameters (e.g. indicator species) must be improved; on the
other, the resulting knowledge concerning the state of the ecosystem
must be integrated into the process of assessing and managing commercially
important fish stocks (FAO, 2003).
• The precautionary principle must be rigorously applied as the
basis for fisheries management. Particularly when forecasting fish stock
dynamics and calculating catch quotas on the basis of these, safety
margins should be included to ensure that stocks do not fall below the
minimum required for reproduction and that the age structure of the
fish population remains healthy, even in the event of a regime shift
induced by climate change (King, 2005). Fisheries management must be
enabled to respond to regime shifts in good time and with appropriate
strategies (Polovina, 2005). One example of the need to adapt in this
way is the cod fishery in the North Sea (Section 2.3.1).
• For short-term management (1–5 years), although anthropogenic
climate change will have relatively little impact, interannual variability
and climatic events such as El Niño may trigger major effects
(Barber, 2001). Assessing and forecasting these factors is an important
area where research is needed.
• The role of the future climate is currently largely ignored
when developing management strategies for the medium term (5–25
years), either because it is seen as something that can be disregarded
or because it is considered impossible to foresee. Since climate change
can have considerable impact on recruitment and distribution of fish
stocks in the medium term, it will become necessary for fisheries management
to take these effects into consideration. At present, the impact of
climate variability and climatic events on fish stocks can only be analysed
after the event. In view of the fact that climate change is already
apparent, forecasting capacity needs to be developed in future and used
to conduct risk analyses. This applies particularly to sensitive fish
populations on the edge of their natural distribution area.
• When developing the models that are used as the basis for setting
quotas, there needs to be a shift away from analysing and modelling
individual fish populations of commercial interest to ecosystem-based
models that take into account the dynamic interactions between climate,
ocean and marine ecosystems (Pikitch et al., 2004). The usefulness of
static concepts based on the assumption of unchanging environmental
conditions is becoming increasingly questionable.
• In the case of terrestrial ecosystems, subdividing the area
in question into zones with varying intensities of use is a long-established
procedure for solving land-use conflicts (WBGU, 2001). For the oceans
too, in the context of marine spatial planning systems, zoning is increasingly
recognized as a useful instrument for sustainable, ecosystem-based fisheries
management (Pauly et al., 2002; SRU, 2004; Pikitch et al., 2004; Boersma
et al., 2004). Marine protected areas have a special role to play as
a component of marine spatial planning in this context because, in conjunction
with other measures, they represent an important tool for implementing
the ecosystem approach. Recommendations relating to this are discussed
in more detail in the next Section 2.6.2.
2.6.2 Marine
protected areas
2.6.2.1 Definition
and motivation
Climate
change, ocean acidification and sea-level rise will have considerable
impact on the marine environment (Sections 2.2–2.4). These ‘new’
anthropogenic factors, moreover, are affecting marine ecosystems which,
in many regions, have already been significantly weakened by overfishing,
contamination, invasive species and other human-induced influences. Recommendations
for improving fisheries management were presented in Section 2.6.1 above.
This section will deal with marine protected areas (MPAs), which –
like their counterparts on land – are one of the most important
instruments available for ecosystem protection (IUCN, 1994; Kelleher,
1999; Murray et al., 1999).
IUCN
defines marine protected areas as ‘any area of the intertidal or
subtidal terrain, together with its overlying water and associated flora,
fauna, historical and cultural features, which has been reserved by law
or other effective means to protect part or all of the enclosed environment’
(IUCN, 1988).
MPAs
play a particular role in protecting the marine environment, as they are
a direct means of implementing the ecosystem approach, and one of the
easiest to apply (Royal Commission on Environmental Pollution, 2004).
Although they cannot halt either climate change or acidification, nor
altogether prevent invasion by alien or highly migratory species, they
are an important tool for enhancing the resilience and adaptive capacity
of ecosystems. They are also important because they allow mitigation of
anthropogenic factors such as overfishing or habitat destruction within
their boundaries by means of management or prohibition (e.g. Mumby et
al., 2006). MPAs are thus the most important means, for example, of dealing
with coral bleaching (Section 3.3.4), because although they do not tackle
the underlying cause, they can enhance the general resilience of the reef
(Grimsditch and Salm, 2005). However, enhanced scientific understanding
of the relationship between resilience, anthropogenic influence and biological
diversity is needed (Section 2.7). For coastal protection, near-natural
ecosystems are also important: for example, the Asian tsunami of 26 December
2004 was able to penetrate much further inland in places where the mangroves
or coral reefs had been destroyed than elsewhere (Danielsen et al., 2005;
Fernando and McCulley, 2005). Protected coastal ecosystems are therefore
also an important component of strategies for adapting to climate change
(Section 3.4.1).
In
addition to their role in ecosystem protection, MPAs can also be useful
as a fishery management tool for conservation of commercial fish stocks,
e.g. where traditional management has failed and overfishing has resulted,
or to safeguard against future mistakes of this sort (Bohnsack, 1998;
Pauly, et al., 2002; Gell and Roberts, 2003). Even conservation-based
fishery can have a range of negative effects on marine ecosystems, and
establishing MPAs can mitigate these (Palumbi, 2003). MPAs can also provide
a retreat for species that are fished, but are not subject to monitoring
or management. Coastal ecosystems and estuaries are also important for
protecting the nursery grounds of many fish species against climate variability
(Attrill and Power, 2002). MPAs should be viewed in conjunction with the
traditional tools of fishery management, for one reason because quota
setting could also be affected by the establishment of a large-scale network
of MPAs if fishery activities are restricted to the areas outside MPAs
(Hilborn, 2003).
A graded system of protected area management categories is applied in
the marine environment too. This ranges from total protection (marine
reserves where extractive use is prohibited) to areas serving primarily
to uphold sustainable and/or traditional use of marine resources (IUCN,
1994). Areas that are closed to fishing activities (no-take areas) represent
a special type of MPA. Different categories of protected area often sit
side by side, with core areas under strict protection and peripheral zones
with fewer restrictions relating to use (Agardy et al., 2003). The effectiveness
of MPAs can be improved if they form part of a protected areas system
geared towards ensuring ecological representativeness and creating networks.
Although
differences of opinion still persist with regard to the optimum design
and management of marine protected areas (NRC, 2001), there is broad consensus
that adaptive management, linking of individual MPAs to protected areas
systems, participation or co-management and an integrated view of the
relationship between MPAs and the intensively exploited areas outside
them are important aspects of MPA design and management.
2.6.2.2 International
policy objectives
Wecause
of the double use of MPAs for ecosystem conservation on the one hand and
as a fishery management tool on the other (Lubchenko et al., 2003), as
a guard rail, WBGU recommends designating 20–30 per cent of
the marine area for inclusion in a linked system of MPAs (Section 2.5.1).
Current protected areas coverage amounts to less than 1 per cent
of marine habitats. Considerable catching up is therefore required and
it is only very recently that this has led to the formulation of a number
of policy objectives in this area:
•
At the WSSD, the international community set itself the target of establishing
an ecologically representative and effectively managed network of marine
protected areas by 2012 (WSSD, 2002).
• The World Parks Congress reaffirmed this goal in 2003 and made
it more specific with the recommendation that at least 20–30 per
cent of every marine habitat should be strictly protected (WPC, 2003a).
• In the context of its programme of work on protected areas,
the Convention on Biological Diversity has adopted the WSSD target for
protected areas, albeit without specifying a coverage percentage (CBD,
2004a).
• A regional example is the OSPAR/HELCOM Convention, which has
also set itself the target of creating a well managed and ecologically
coherent system of marine protected areas by the year 2010 (OSPAR, 2003).
2.6.2.3 Present
international law
Although
the concept of MPAs or related strategies are used in the different
international conventions, they are not used consistently and thus need
to be expressed in more concrete terms (Agardy et al., 2003). Policy
objectives are set out in the following provisions of international
law:
•
The Convention on Biological Diversity – whose objectives also
cover marine ecosystems – envisages protected areas as an in situ
conservation measure (Art. 8 a).
• The United Nations Convention on the Law of the Sea (UNCLOS)
makes explicit mention of special protected areas only in the following
context: Art. 211, para. 6 allows tightening of protective regulations
in clearly defined areas in connection with measures to prevent pollution
of the marine environment from vessels. Coastal states wishing to apply
this provision can designate such an area within their respective exclusive
economic zone, and apply to the competent international organization,
the International Maritime Organization (IMO), requesting affirmation
of the need for special measures to protect this area. Reasons may be
related to the area’s oceanographical and ecological conditions,
its utilization or protection of its resources. Under this provision,
however, special measures are restricted to regulations for the prevention
of pollution from vessels.
• In various agreements in the field of international law on protection
of the marine environment, there are terms and concepts that have similar
objectives to MPAs. The International Convention for the Prevention
of Pollution from Ships (MARPOL Convention), for example, provides for
the establishment of ‘Particularly Sensitive Sea Areas’
(PSSAs). The purpose of the protected areas in this case is to ensure
protection from pollution from ships in particularly vulnerable areas
that are to be designated accordingly. Further examples are the Convention
for the Protection of the Marine Environment of the North-East Atlantic
(OSPAR Convention) and the Convention for the Protection of the Mediterranean
Sea against Pollution (Barcelona Convention), both of which have a specific
additional annex (OSPAR) or protocol (Barcelona Convention) on the establishment
of ‘Specially Protected Areas’. IMO has adopted a Resolution
(A.885 (21)) setting out procedures for the establishment of PSSAs (Hohmann,
2001).
Requirements for designating protected areas vary according to the maritime
area in question. The limits set out under international law depend
primarily on the maritime area in which the protected area is to be
established in a given case (Box 2.6-1; Proelß, 2004).
• In principle, in the case of internal waters and territorial
sea, the coastal state has the freedom to decide on designation of MPAs.
This may be limited to a certain extent, but only with regard to restrictions
on shipping activities (Box 2.6-1).
• The legal situation with regard to exclusive economic zones
(EEZ) is similar. UNCLOS accords particular sovereign rights to coastal
states in this maritime area concerning exploitation and conservation
of the living and non-living natural resources in the maritime area
in question, including the seabed and its subsoil. In relation to establishing
MPAs, this means that the coastal state has the freedom to adopt measures
so long as these measures are aimed at restricting exploitation of natural
resources. However, the establishment of an MPA in this area may not,
for example, restrict the right of innocent passage of foreign vessels
(Box 2.6-1).
• On the high seas, although the establishment of MPAs is not
ruled out in principle (Proelß, 2004), it entails certain legal
problems (Platzöder 2001; Warner 2001). These are discussed in
Section 2.6.2.4.
• In contrast to agreements that are limited to particular regions
(e.g. the OSPAR Convention, the Convention for the Protection of the
Marine Environment of the Baltic Sea – the Helsinki Convention,
or the Barcelona Convention) there is currently no global instrument
of international law that specially promotes designation of cross-border
MPAs or places any obligation on states to do so.
Box
2.6-1
Maritime zones under international law
The United Nations Convention on the Law of the Sea (UNCLOS) lays
down the fundamental provisions under international law with respect
to delimitation of maritime zones, and this is also relevant for
designation of MPAs. In brief, the maritime zones under UNCLOS are
organized as follows (Figure 2.6-1):
•
High seas: According to Articles 86 and 89 UNCLOS, ‘high
seas’ are those parts of the sea that are not subject to
the sovereignty or jurisdiction of any state and as such constitute
‘an area under international administration’. The
principle of freedom of the high seas applies in this area. This
comprises primarily freedom of navigation and of overflight, freedom
to lay submarine cables and pipelines, freedom to construct artificial
islands and other installations, freedom of fishing and freedom
of scientific research. These freedoms may be exercised by all
states, including land-locked states. In the area constituting
the high seas, no state may validly purport to impose restrictions
of any sort on other states relating to use of the high seas.
Furthermore, international agreements between individual states
can always only bind the states that are party to the agreement,
and not third states.
A
distinction is drawn between the high seas and maritime areas that
are subject to varying degrees of territorial jurisdiction by the
coastal state. According to Article 86 UNCLOS, the maritime areas
over which the coastal state has varying degrees of jurisdiction
are:
•
Exclusive economic zone: Here, in the zone that lies
on the boundary with the high seas, the coastal state begins to
have the right to exercise jurisdiction based on its territorial
rights. The corresponding rights of sovereignty, however, are
limited insofar as they relate exclusively to exploitation and
conservation of the living and non-living natural resources in
the zone in question, including those in the seabed and its subsoil.
• Continental shelf: This term too is defined in
terms of the right to exploit natural resources, although in this
case it is specifically those of the seabed and subsoil close
to the coast. Thus, according to Article 77 para. 1 and 2 UNCLOS,
the coastal state exercises over the continental shelf exclusive
sovereign rights for the purpose of exploring it and exploiting
its natural resources. The definition of resources that applies
in the case of exploitation of the continental shelf, however,
is somewhat restricted by comparison with that of the exclusive
economic zone (non-living resources of the seabed and its subsoil
and ‘immobile’ organisms).
• Territorial sea: Here, the special rights of
coastal states are no longer limited to exploitation of marine
resources, but are identical to actual territorial sovereignty.
• Internal waters: This is where the sovereign
rights and jurisdiction of a coastal state are most extensive;
this maritime zone forms an integral part of a state’s territory.
Figure
2.6-1
Maritime zones under the United Nations Convention on the Law of the
Sea (UNCLOS). NM = nautical mile (1 NM = 1.852 km).
Source: Gorina-Ysern et al., 2004 |
2.6.2.4 Marine
protected areas in the high seas
There are significant deficits in the legislation pertaining to establishment
of marine protected areas in the high seas (CBD, 2005a). The regional
multi-functional maritime conventions only cover a very limited range
of marine areas outside national jurisdiction, with the result that large
areas of the world’s oceans are not covered. In addition, existing
regional fishery management regimes are limited to particular fished species
such as tuna, while species that are not intensively fished are excluded.
Application of the ecosystem approach under these regimes is also inadequate.
The
United Nations Convention on the Law of the Sea (UNCLOS) reaffirms the
right to freedom of navigation, which forms part of customary international
law (i.e. it is a right that, in principle, cannot be restricted) (Art.
87 UNCLOS). It is thus out of the question to establish an MPA in the
high seas that entails the prohibition or restriction of shipping activities.
In addition, states may not conclude agreements establishing MPAs in the
high seas that might be detrimental to third states that are not parties
to the agreement. A corresponding commitment agreement among states in
a particular region that are the main users of the high seas thus has
no binding effect on third states. ‘Freedom of the high seas’
also includes, for example, the fundamental right of every state to use
the marine resources of the high seas (e.g. fishing). In contrast to the
case of freedom of navigation, however, this right is not unrestricted,
and correspondingly there is a range of international conventions regulating
the use of living marine resources in the high seas, especially relating
to particular species. Examples include the prohibition on fishing of
anadromous species (e.g. salmon, which spawns in freshwater but lives
in seawater) in the high seas in accordance with Art. 66, para. 3(a) UNCLOS,
or the whale sanctuaries provided for under the International Convention
for the Regulation of Whaling (Gerber et al., 2005).
Urgent
problems such as the increasing destruction due to fishery activities
of sensitive undersea structures that are particularly rich in biological
diversity (e.g. seamounts or cold-water coral reefs; UNGA, 2004; CBD,
2004b), and the scale of illegal and unregulated fishing (FAO, 2001),
necessitate rapid identification and implementation of solutions for marine
protection in the high seas. In view of the clear will of the international
community to step up use of marine protected areas as a tool, action is
needed to improve provisions pertaining to MPAs in the high seas under
international law. In developing a regime for marine protected areas in
the high seas, the following specific requirements should be met (CBD,
2005a):
•
Moving beyond approaches that focus on specific species or regions,
the aim should be to arrive at an integrated approach enabling the creation
of large-scale networks for protecting marine ecosystems in the high
seas too. Freedom of access to marine protected areas in the high seas
should also be guaranteed for scientific research, insofar as this does
not run counter to conservation objectives.
• In view of the problem of illegal and unregulated fishing in
the high seas – which cannot be tackled by individual states because
they do not have territorial jurisdiction to enforce the law in this
maritime zone – mechanisms for enforcing the relevant conservation
requirements in the high seas must be considered (Platzöder, 2001;
Warner, 2001).
• In view of the need to create networks that cover a broad area,
efforts should be made to ensure that the establishment of MPAs in the
high seas – contrary to what has happened hitherto under the various
specific conventions – takes place in a coordinated fashion (CBD,
2005b).
2.6.2.5 Negotiation
processes
At global level, negotiations on MPAs are taking place notably in two
parallel political processes:
•
In the Convention on Biological Diversity, MPAs are on the agenda of
a Working Group on Protected Areas, including protected areas beyond
the limits of national jurisdiction. However, attempts to agree specific
areas of the high seas that might be suitable for designation as MPAs
or set a specific target of establishing 5–10 MPAs in the high
seas by 2008 have so far failed due to resistance on the part of a few
fishing nations (e.g. Iceland, Norway, New Zealand).
• In 2004 an informal Working Group of the General Assembly of
the United Nations was established (UNGA, 2004) with a broad mandate
relating to marine biodiversity conservation beyond areas of national
jurisdiction. This Working Group convened for the first time in February
2006. Although the positions of the different country groups on MPAs
still diverge widely, many states acknowledge the need to act to close
this gap in international law.
2.6.2.6 Recommendations
for action relating to marine protected areas
Despite the importance of marine protected areas, protection of the marine
environment must not be reduced to this one instrument alone. Adherence
to the ecological guard rail (20–30 per cent of marine ecosystem
areas under protection; Section 2.5) is indispensable for conservation
of the marine environment, but areas outside MPAs must also be managed
sustainably using the ecosystem approach. A particularly important precondition
for the success of MPAs is the urgently needed enforcement of sustainable
fisheries management (Section 2.6.1). Another precondition is adherence
to the guard rails on climate change and ocean acidification (Box 7-1),
without which even an excellent protected areas system will lose most
of its impact. In addition, it is not sufficient to plan, designate and
link MPAs; they must also be well managed and adequately funded. Only
in this way is there a chance that the target of significantly reducing
the rate of loss of biological diversity by 2010 can be met in marine
environments too.
Implementing
international targets
•
The rate of growth of MPA coverage, currently3–5 per cent
per year, is much too low to meet the internationally agreed targets
on time, given that current coverage is less than one per cent (Wood
et al., 2005). Efforts in this regard need to be intensified significantly.
• MPAs should be sufficiently large and linked with one another
in protected area systems; they should encompass zones with different
forms and intensities of use and be part of an integrated system of
management that includes neighbouring continental shelf and coastal
areas. In addition, they should be designed to be flexible and adaptive,
since climate change may impose the need for reorganization if ecosystem
processes change or shift in location (Soto, 2002). Improving the scientific
basis in this context should be carried out in parallel with ongoing
management activities. Adaptive management strategies and flexibility
are crucial to deal with local impacts of climate change that are difficult
to forecast.
• In the territorial sea and in EEZs, states can begin to implement
international objectives now without coming up against problems relating
to international law. The EU Habitats Directive and Birds Directive
are both fully applicable in EEZs. In Germany this has already taken
place: in the context of the Natura 2000 network, around 30 per
cent of the German maritime area of the EEZ has been registered as protected
areas with the European Commission. However, imposing restrictions on
fishing is not a straightforward matter at present, as this is an area
in which EU competences apply. MPAs should be used more effectively
as a tool for sustainable fisheries, for example by setting long-term
or temporary limits on fishing activities in protected areas (SRU, 2004).
• In developing countries particularly, there is a great deal
of catching up to be done. In these countries, not only are there very
few MPAs, but the designated protected areas in many cases amount to
little more than ‘paper parks’ in which effective protection
is not or cannot be enforced. Development cooperation should therefore
make designation and management of MPAs a priority. In doing so, cooperation
should take place between protected areas specialists and fishery representatives,
and the local population should be involved in planning and management.
Securing
funding
Due to the difference between the guard rail for protection of marine
ecosystems (20–30 per cent coverage) and current coverage (less
than 1 per cent of marine ecosystems are currently protected; Section
2.5.2), the need for additional funding is considerable. According to
the findings of Balmford et al. (2004), the annual costs associated with
protecting marine ecosystems on this scale would be in the region of US$
5–19 thousand million. This figure includes both ongoing costs and
one-off costs relating to implementation. Indirect costs, however, such
as costs to businesses in the fisheries sector arising as a result of
fishing exclusion, are not included.
•
WBGU considers it to be the responsibility of national governments and
the international donor community to ensure adequate funding for management
of marine protected areas. Up to now, it has often proved impossible
to ensure availability of adequate long-term financing: payments from
public donors are often small and there are competing demands on these
resources. The same applies to international transfer payments such
as those made by the Global Environment Facility (GEF) or by donors
in the context of bilateral development cooperation (OECD, 2002; GEF,
2005a). WBGU calls upon public donors to undertake additional efforts
to make adequate funding available on a sustained basis. Complementary
funding may be raised by means of instruments such as user charges or
promoting private donations for conservation measures (Emerton, 1999;
Morling, 2004).
Protected
areas in the high seas: Closing gaps in international law
The ongoing process of political negotiations to develop an instrument
for designating and managing protected areas in the high seas is to be
welcomed, and the German Federal Government should give this process vigorous
support. The basis for this is UNCLOS. Despite the fact that UNCLOS lays
greater emphasis on rules pertaining to usage than on protection and conservation
of marine resources, it nevertheless also provides the primary legal framework
for protection of the marine environment (Platzöder, 2001). Fundamentally
changing UNCLOS is not a political option, whereas adding moderate supplementary
provisions to the current law of the sea seems feasible in both political
and legislative terms. Options for doing this include the following:
•
The primary task is to develop a multilateral agreement on designation
of protected areas and corresponding systems in the high seas and append
this to UNCLOS, either as an additional protocol or as a supplementary
convention. A precedent already exists for this type of procedure in
the form of the Agreement relating to the Conservation and Management
of Straddling Fish Stocks and Highly Migratory Fish Stocks that is tied
to UNCLOS, and which is concerned primarily with the exploitation of
relevant fish species in areas outside national jusrisdiction.
• It would make sense to assign the monitoring and coordination
tasks to the same – yet to be established – international
regime. From a legal perspective, the mechanism should be laid down
primarily in the above-mentioned multilateral agreement. With regard
to this, the proposal to establish a Global Oceans Commission, put forward
at the first International Marine Protected Areas Congress in 2005 in
Geelong (Australia), can be considered as being along the right lines.
• The Convention on Biological Diversity (CBD) should also be
amended or supplemented accordingly, whereby care will need to be taken
to avoid overlap. The CBD has developed considerable expertise in the
field of biodiversity conservation, and should therefore be involved
in the UNCLOS negotiation process, for example by providing expert input.
At the same time, the new regime’s functions and areas of responsibility
should be explicitly recognized by the CBD. In order to achieve this,
the relevant CBD negotiation processes should be intensified with the
aim of securing a key role for the CBD in the design of MPAs in the
high seas in terms of content, e.g. deciding on appropriate instruments
and criteria for the selection of MPAs. With a view to supporting cross-border
conservation efforts, it would be useful to explore whether it would
be worthwhile developing a protocol to the CBD on protected areas in
the medium term based on the findings of the current Working Group.
Such a protocol should cover the whole spectrum of protected areas and
not merely MPAs.
• The informal Working Group of the General Assembly of the United
Nations on marine biodiversity in areas beyond national jurisdiction
has taken the first step towards closing the gap in international law
regarding MPAs in the high seas. At the next UN General Assembly, the
German Federal Government should urge that this sound basis be used
to ensure continuation of the negotiation process.
2.7
Research recommendations
Research
into climatic factors
•
Behaviour of sea ice: Possibilities for monitoring changes
in the thickness of Arctic sea ice in particular remain inadequate,
and sea ice simulation models need to be developed further in order
to improve estimation of future sea ice dynamics.
• Behaviour of continental ice: The future behaviour
of Greenland’s continental ice sheet is likely to be decisive
for the future dynamics of ocean currents in the Atlantic. Methods of
modelling continental ice sheet dynamics need to be improved significantly.
• Stability of Atlantic circulation and risks of changes in
currents: Climate models continue to differ considerably as regards
the information they provide on the future stability of ocean currents.
Reasons for this include internal oceanic processes (such as mixing),
which as yet are poorly understood, and interactions with other climate
components (e.g. the freshwater budget of the North Atlantic), which
are difficult to quantify. Observation and enhanced modelling efforts
could help to reduce the uncertainties in this area.
Research
into marine ecosystems, fisheries and marine protected areas
•
Monitoring: Observation data covering large areas of the oceans
over long periods are vital, particularly as regards the nutrient situation
and plankton (especially zooplankton). Because they provide, among other
things, important inputs for modelling marine ecosystems, support should
be given to appropriate monitoring programmes (e.g. using the Continuous
Plankton Recorder).
• Understanding the systems involved: Too little is known
about the structure and dynamics of marine ecosystems to be able to
make reliable estimates of the impact of climate change. Examples include
the significance of temperature effects on primary production, the impact
of sea-ice retreat, or decoupling of trophic levels as a result of disparities
in species’ responses to climate change (e.g. migration, adaptation).
Increased emphasis should be given to ecosystem-based research approaches
with a view to enhancing understanding of the relationships between
anthropogenic disturbance, biological diversity and resilience of marine
ecosystems and incorporating this into new ecosystem models. The international
research project GLOBEC and the new IMBER project have drawn up a detailed
catalogue of issues (GLOBEC, 1999; IMBER, 2005). Promotion of these
interdisciplinary research initiatives by national research promotion
agencies should be stepped up.
• Modelling marine ecosystems: In order to gain a better
understanding of the impact of changes in climatic factors (temperature,
wind and ocean current patterns, etc.) on marine ecosystems, knowledge
regarding the various ecosystem components must be integrated into improved
ecosystem models and coupled with recent climate/ocean models.
• Improving the basis of fisheries management: In order
to implement the ecosystem approach in fisheries management, there needs
to be a shift in focus in terms of model development away from examination
of individual fish species under the assumption of constant environmental
conditions to a more integrated ecosystem modelling approach. Qualitative
models should also be used to achieve this, incorporating expert knowledge
regarding processes in dynamic systems (Kropp et al., 2005). Special
attention should be paid to the impact of natural climatic variability
and anthropogenic climate change on fish population dynamics, as well
as to the socio-economic consequences and possible adaptation measures.
• Design and management of marine protected areas: Development
of the theoretical basis for the design of marine protected areas should
move away from the study of individual species towards multi-species,
ecosystem approaches. Of particular importance in this context is the
networking of MPAs with one another and with concepts for sustainable
use of the surrounding coastal and marine areas. There are many unanswered
questions regarding the design of MPAs in view of climate change and
the potential for adaptation. In line with the principle of adaptive
management, research and monitoring issues need to be given greater
consideration in the design and management of MPAs. The basis for defining
guard rails and coverage targets needs to be improved, particularly
the basis for designating the proportion of an area that should be strictly
protected (no-take areas). Furthermore, there is a need to increase
research evaluating participatory approaches (e.g. community-based management)
and the use of traditional knowledge, and to evaluate approaches that
draw on management experience within the local population.
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