High Seas Marine Protected Areas: Effective Legislation or Paper Parks

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Table of Contents

Introduction
Overview of Marine Protected Areas
International Oceans Legislation
Challenges and Opportunities
Conclusion
References

Introduction

Biodiversity of the world’s oceans has been under threat in the wake of intensified economic activities and human-induced climate change. For example, the fishing industry has had the most devastating impact on marine ecosystems. Global fish catches expand deeper into oceans, and industrial fishing covers at least 55% of the ocean surface (Diaz et al., 2019). Rising temperatures diminish ice shields in the Arctic, which can lead to the reduction of distance between Europe and Asia by about 40% (Aksenov et al., 2017). At the same time, several studies have shown that ships emit sulphur dioxide, which, in turn, intensifies the acidification of oceans (European Commission, 2016). All these activities undermine the sustainability of marine ecosystems and require collaborative action.

Companies that employ resources of the oceans are not always able to take complete responsibility for the consequences of their activities. Therefore, there is a need for a legal tool to protect and conserve the marine environment. Marine Protected Areas (MPA) are the tools for the coordinated safeguarding of these territories. This essay dwells on the definition and importance of MPAs, including the ones in the high sea. Besides, it presents international legislation, consideration of a new international agreement, opportunities, and challenges.

Overview of Marine Protected Areas

Definitions matter a lot, especially when it comes to addressing legal papers and agreements. As defined by the International Union for Conservation of Nature, a protected area is “a clearly defined geographical space, recognized, dedicated and managed, through legal or other effective means, to achieve the long-term conservation of nature with associated ecosystem services and cultural values.” (Day et al., 2019, p 8).

It should be highlighted that the ultimate goal of any protected area is to protect nature. Data accumulated by Marine Conservation Institute (n.d.) shows that all marine reserves account for 5.3% of global oceans. Marine protected areas vary from zones that are strictly protected to those that conserve specific natural monuments or particular habitats (Day et al., 2019). Therefore, established categories designate the level of allowed human intervention depending on the conservation objectives of every category.

The marine environment is different from coastal and terrestrial regions because of its unique characteristics. There are multiple difficulties with controlling the entry to denoted zones, even though modern technologies offer solutions. Moreover, the lack of constant monitoring hinders the visibility and understanding of caused damage. Finally, issues of ownership in the Exclusive Economic Zones (EEZ) and the management of oceans as global commons make current challenges more topical.

High Seas MPAs

Specific features of the marine environment imply a cautious use of definitions. High seas are zones that extend beyond the EEZs, which stretch for 200 nautical miles (Karan, 2019). Despite the fact that high seas remain unexplored, scientists believe in their significance for migratory marine species (Karan, 2019). Up to the present moment, only 1% of high seas is dedicated to MPAs (Marine Conservation Institute, n.d.).The largest conservation area in the high seas is the Ross Sea in Antarctica (Howard, 2016). According to the United Nations Convention on the Law of the Sea (UNCLOS) states that “high seas are open to all States, whether coastal or land-locked” (United Nations, 1982). This open access forestalls adequate protection of high seas because there is no single responsible organization or state.

International Oceans Legislation

The United Nations Convention on the Law of the Sea consists of the legal principles that function as the foundation for the set up of international treaties. UNCLOS has a direct influence on the national legislation of coastal states guiding their management of marine resources. For example, it delineates a country’s right for the breadth of the territorial sea, Exclusive Economic Zone, and defines the continental shelf of a coastal state (United Nations, 1982). Other international bodies deal with economic activities of states and companies in oceans.

Safety by sea is a mutual concern for all shipping companies. The International Maritime Organization (IMO) was established in 1948 to ensure maritime safety (International Maritime Organization, n.d.). IMO has updated the International Convention for the Safety of Life at Sea to control traffic along trade routes and carriage of dangerous goods. Moreover, IMO has introduced measures to prevent accidents and minimize the number of oil spills. Hence, coordinated actions have been embraced at the international level to regulate economic activities in the world’s oceans. Nowadays, commitment is needed to preserve the natural habitat of marine flora and fauna.

High Seas MPAs Legislation

The establishment and management of high seas MPAs deserve special attention. The International Union for Conservation of Nature (IUCN) distinguishes four types of MPAs governance options. These options are governance by governments, shared governance, private governance, and governance by indigenous people and local communities (Day et al., 2019). Every coastal nation possesses the right to choose the most appropriate management practice. However, high seas are the space beyond national jurisdiction, and, therefore, international cooperation takes place.

The High Seas Alliance unites non-governmental organizations that, in partnership with IUCN, move the conservation of high seas MPAs forward. The goal of the alliance is to bolster international collaboration and exchange of knowledge. An intergovernmental conference was initiated by the UN in 2017 to launch the negotiation of a new treaty (High Seas Alliance, 2019). The new treaty for the conservation of the marine biodiversity under the UNCLOS was brought to the table of discussion in 2018 (High Seas Alliance, 2019).

The third round of the debate was finalized in August 2019, where delegates proposed amendments and proposals for the first draft. For instance, the representative of Chile called for a more profound inclusion of coastal states in high seas preservation (United Nations, 2019). Many countries, like the Philippines and Paraguay, underlined the value of oceans as global commons and worldwide heritage (United Nations, 2019). The fourth and final round is about to take place in the spring of 2020.

The high seas are complex interconnected environments with vertical and horizontal zoning in water and air. UNCLOS and existing institutional frameworks have gaps that do not provide comprehensive protection for these ecosystems. There is neither a mechanism to create MPAs in high seas nor a guideline for conducting environmental impact assessments (High Seas Alliance, 2019). The agreement on the conservation of biological diversity beyond national jurisdiction should rely on principles of stewardship and transparency (Gjerde et al., 2020). This new treaty will strengthen measures to conserve and manage biodiversity, share scientific knowledge, and deploy marine technologies.

Challenges and Opportunities

One of the anticipated challenges is the formal setting of MPAs in the high seas, the so-called phenomenon of “paper parks.” These parks usually receive little attention and, in practice, exist only on papers (Miller & Spoolman, 2016, p. 240). However, the case of Ascension Island in British Overseas territories suggests positive evidence. With the help of the satellite monitoring, scientists detected only three vessels engaged in illegal fishing within the boundaries of an MPA (MercoPress 2019, para. 4). In the given case, scientists cooperated with governmental forces to perform observations. Hence, comprehensive management and control over fragile marine territories are feasible.

Marine Protected Areas in the high seas are designed to cover large surfaces. The static nature of MPAs boundaries will pose a challenge for potent biodiversity conservation. Highly mobile species that inhabit high seas are not represented in the discussion of the new treaty (Maxwell, Gjerde, Conners, & Crowder, 2020). Consequently, Maxwell et al. (2020) argue that it is essential to focus on mobile MPAs with shifting boundaries to implement dynamic management. Mobile MPAs can be supported by modern satellite monitoring technologies to facilitate a thorough collection of scientific data.

Conclusion

The high seas are very fragile ecosystems, and their integrity is threatened because of the unclear legal status. Since these territories lay beyond national jurisdictions, only an international agreement can become a baseline for preservation activity. Therefore, the new agreement should give power to all states to act individually or collectively to enhance the resilience of the marine environment. It implies the inclusion of definitions and standards applicable across jurisdictions.

In order to make MPA a useful tool, it is necessary to determine goals and targets before the formal creation of the zone. If goals are measurable and time-bound, it will be easier to monitor progress. Monitoring practices will guide the international community and facilitate a comparison between MPAs. Reporting databases with publicly available information, in turn, will secure transparency and quick access to scientific knowledge. The enacting of the international agreement will denote the legal field for productive cooperation.

References

Aksenov, Y., Popova, E., Yool, A., Nurser, A., Williams, T., Bertino, L., & Bergh, J. (2017). On the future navigability of Arctic sea routes: High-resolution projections of the Arctic Ocean and sea ice. Marine Policy, 75, 300-317.

Ascension Island MPA. Satellite data suggests conservation success likely. (2019). MercoPress. Web.

Day, J., Dudley, N., Hockings, M., Holmes, G., Laffoley, D., Stolton, S., … Wenzel, L. (2019). Guidelines for applying the IUCN protected area management categories to marine protected areas. Web.

Díaz, S., Settele, J., Brondízio E.S., Ngo, H. T., Guèze, M., Agard, J., … Zayas, C. N. (2019). Summary for policymakers of the global assessment report on biodiversity and ecosystem services of the intergovernmental science-policy platform on biodiversity and ecosystem services. Web.

European Commission. (2016). Ocean acidification exacerbated by emissions from ships on major shipping routes. Web.

Gjerde, K., Laffoley, D., Payne, C., Mossop, J., Epps, M., Lundin, C.G., … Spadone, A. (2020). Area-based management tools in marine areas beyond national jurisdiction. Gland, Switzerland: IUCN.

High Seas Alliance (2019).Protecting half the planet: A new high seas biodiversity treaty in 2020. Web.

Howard, B. (2016). World’s largest marine reserve created off Antarctica. National Geographic. Web.

International Maritime Organization (n.d.). History of IMO. Web.

Karan, L. (2019) How MPAs safeguard the high seas. Web.

Marine Conservation Institute (n.d.). Atlas of marine protection. Web.

Maxwell, S., Gjerde, K., Conners, M., & Crowder, L. (2020). Mobile protected areas for biodiversity on the high seas. Science, 367 (6475), 252-254. Web.

Miller, G.T., & Spoolman, S. E. (2016). Living in the environment. Boston, MA: Senage learning.

United Nations (1982). United Nations convention on the law of the sea. Web.

United Nations. (2019). New oceans treaty must be robust, practical in application, delegates stress, closing third round of marine biodiversity negotiations. Web.

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