Can existing institutions protect biodiversity in areas beyond national jurisdiction? Experiences from two on-going processes

United Nations discussions on the governance of marine areas beyond national jurisdiction have questioned, but not yet reached a decision, on whether existing institutional agreements and structures are sufficient to meet global commitments to protect marine biodiversity, or if additional mechanisms may be required. This paper considers two very different efforts to protect marine biodiversity in these areas: (1) in the North-East Atlantic through the efforts of OSPAR Convention for the Protection of the Marine Environment of the North-East Atlantic; and (2) in the central Atlantic, through the efforts of the Sargasso Sea Alliance led by the Bermuda government. In each case, action has been strongly supported by non-governmental organisations and subsequent progress has hinged upon on-going dedicated efforts of “champion” governments to bring other States on board. This paper outlines the difficulties that they have faced, and consequently why they have been time-consuming, and are not yet completed. The paper then considers 10 common recommendations that can be drawn from the experiences of these two distinct initiatives, and their relevance to on-going UN deliberations.     

Marine ecosystem approaches to management: challenges and lessons in the United States

This study examined how the United States’ largest marine resource management agency, the National Oceanic and Atmospheric Administration (NOAA), has begun to change its management strategy away from traditional marine resource management approaches towards an Ecosystem Approach to Management (EAM). Surveys were conducted with 57 NOAA scientists and resource managers in nine NOAA programs in 8 different geographic regions across the United States in 2005. A qualitative analysis examined the attitudes and experiences of participants with respect to implementing EAM and identified four major challenges to enhancing cooperation and understanding of EAM. We conclude with recommendations for concrete initiatives that future efforts in EAM that any management agency can undertake to facilitate further ecosystem management opportunities.     

Sustaining marine life beyond boundaries: Options for an implementing agreement for marine biodiversity beyond national jurisdiction under the United Nations Convention on the Law of the Sea

For nearly a decade, governments have been discussing the need to improve efforts to conserve and sustainably use marine biodiversity in areas beyond national jurisdiction (ABNJ). Support for a new international agreement under the United Nations Convention on the Law of the Sea (UNCLOS) – an Implementing Agreement – on the conservation and sustainable use of marine biodiversity in ABNJ has been growing. In June 2012, at the United Nations Conference on Sustainable Development held in Rio de Janeiro, Brazil, States agreed to take a decision on the development of an international instrument under UNCLOS before the end of the 69th session of the United Nations General Assembly (UNGA), which runs from September 2014 to August 2015. In follow-up to this commitment, it was agreed to consider the “scope, parameters and feasibility” of this instrument. To inform these international discussions, this article highlights some potential options for the content of a new UNCLOS Implementing Agreement. It first reviews the history of UN discussions, and then elaborates on options to address key elements identified as priorities for States in 2011: marine genetic resources, including the sharing of benefits, area-based management tools, including marine protected areas, environmental impact assessments, capacity-building and the transfer of marine technology. It addresses cross-cutting issues such as the governing principles, institutional structure as well as on other critical points such as High Seas fishing and flag State responsibilities. The article concludes with suggestions on possible next steps in order to succeed in the negotiations for an agreement.     

“Lessons for marine conservation planning: A comparison of three marine protected area planning processes”

Various approaches have been used to establish marine protected areas (MPAs) in different countries. In this paper we compare and review three processes to establish MPAs within the United States and Australia. These two countries share many similarities in their cultures, but their approaches to managing marine resources differ considerably. Each of these efforts to establish or review MPAs was motivated by concern about declines of targeted marine species or habitats. However, the government actions varied because of differences in governance, planning process including public input, and the role of science. Comparing these processes highlights effective approaches for protecting marine ecosystems and gaining public support.     

Recovering after a maritime terrorist attack: The APEC Trade Recovery Programme

Since the September 11, 2001 terrorist attacks on the World Trade Centre and the Pentagon in the United States, many measures have been taken to prevent similar attacks from happening against iconic targets from the land, air, or sea. However, most of the efforts have so far focussed only on the prevention of terrorist attacks. The APEC Trade Recovery Programme (TRP) was developed to increase the speed of post-incident recovery amongst the APEC economies and the US to facilitate a resumption of trade after a terrorist incident.     

To accede or not to accede: An analysis of the current US position related to the United Nations law of the sea

The 1982 United Nations Convention on the Law of the Sea (hereafter “UNCLOS”) is one of the most significant legal instruments of modern times, though the United States (US) has yet to join the 167 nations that have signed the document. Until the twentieth century, freedom of the seas led to inequity among nations, violence, and environmental disasters. UNCLOS provides a peaceful legal structure to resolve border disputes and enforce anti-pollution regulations while maintaining freedom of navigation, safety at sea, and marine scientific research efforts. However, the legitimacy of UNCLOS continues to deteriorate as China acts unilaterally while its global economic reach expands. Additionally, the US cannot participate in international agreements to access ocean resources in the deep seabed or claim portions of the Arctic due to non-accession to UNCLOS. Such accession would protect global security as the balance of power otherwise becomes increasingly unstable. The US must also accede to ensure economic development for itself as well as the preservation of coastal resources upon which many nations rely. In conclusion, US non-accession will risk global security, economic development, and the US position of strength.     

Conservation values in marine ecosystem-based management

Proactive ecosystem-based management represents a turning point in ocean management, because it formally recognizes the need to balance the potentially competing uses of the ocean, including aquaculture, energy production, conservation, fishing, and recreation. A significant challenge in implementing this balancing act arises from explicitly incorporating conservation in a decision-making framework that embraces assessments of trade-offs between benefits from conservation and conventional commercial uses of marine resources. An economic efficiency-based framework for evaluating trade-offs is utilized, and, for illustration, applied to assess the relative benefits and costs of conservation actions for the endangered western stock of the Steller Sea Lion (wSSL) in Alaska, USA. The example highlights many scientific and political challenges of using empirical estimates of the benefits and costs to evaluate conservation actions in the decision process, particularly given the public's large conservation values for the wSSL. The example also highlights the need to engage in stakeholder discussions on how to incorporate conservation into ecosystem-based management, and more specifically, coastal and marine spatial planning (CMSP). Without explicit consideration of these issues, it is unclear whether CMSP will better conserve and utilize ocean resources than the status quo.     

UNEP’s Regional Seas Programme: approach,experience and future plans

The 1972 United Nations Conference on the Human Environment (Stockholm, UN Conference, 1972) outlined a ‘masterplan’ linking environmental assessment, environmental management and supporting measures as basic and inseparable elements of environmental actions plans. It also indicated the advantages of a regional approach in contributing to the solution of global problems. The Regional Seas Programme of UNEP (United Nations Environment Programme) was subsequently initiated in 1974 (UN General Assembly, 1972). Development of UNEP’s Regional Seas Programme demonstrated that the basic concepts formulated at Stockholm can effectively foster regional cooperation among interested States, and may benefit from the support of the United Nations system as a whole.The present Regional Seas Programme includes fourteen regions, comprising over 140 coastal States. It was conceived as an action-oriented programme encompassing a comprehensive, trans-sectoral approach to marine and coastal areas and to environmental problems, considering not only the consequences, but also the causes of environmental degradation. Each Regional Seas Programme is based on the needs of the region concerned. The Regional Seas Programmes promote the parallel development of regional legal agreements, and of action-oriented programme activities, as embodied in the action plans. The overall strategy to be followed, as defined by UNEP’s Governing Council (UNEP, 1974) is:

• 1. Promotion of international and regional conventions, guidelines and actions for the control of marine pollution and the protection and management of aquatic resources.
• 2. Assessment of the state of marine pollution, pollution sources and trends, and of the impact of pollution on human health, marine ecosystems and amenities.
• 3. Coordination of efforts with regard to environmental aspects of the protection, development and management of marine and coastal resources.
• 4. Support for education and training efforts to facilitate the full participation of developing countries in the protection, development and management of marine and coastal resources.

Because the goal of each Regional Seas Programme is to benefit the States of that region, governments are involved from the very beginning in the formulation of the action plan. After acceptance, the implementation of the programme is carried out, under the overall authority of the governments concerned, by national institutions nominated by their governments. Although the Regional Seas Programme is implemented primarily by government-nominated institutions, specialized United Nations bodies, as well as the relevant international and regional organizations, contribute to its formulation, and also provide assistance to these national institutions. UNEP acts as an overall coordinator for the development and implementation of regional action plans. In some cases, this role is limited to the initial phase of the activities.     

Economic benefit of the protection program for the Steller sea lion

This paper examines willingness to pay (WTP) for an endangered species across geographically nested samples using the Contingent Valuation Method (CVM). The three samples range from (1) the boroughs that contain critical habitat for the Steller sea lion to (2) the state that contains these boroughs to and (3) the entire United States. Depending on the assumptions of the model, WTP varies tremendously from sample to sample. WTP for the United States is the highest and it is the lowest for the boroughs. The null hypotheses that mean WTP estimates are greater then zero were rejected for the boroughs and the state but were not rejected for the United States based on the 95% confidence intervals.     

At loggerheads over international bycatch: Initial effects of a unilaterally imposed bycatch reduction policy

The Magnuson-Stevens Fishery Conservation and Management Act (MSA) is the primary law that codifies marine fisheries management in United States federal waters. The MSA was amended in 2006 with Section 610, an international provision that directs the Secretary of Commerce to unilaterally identify foreign nations engaged in the incidental capture (bycatch) of protected living marine resources (PLMRs) under specific conditions. In 2013 the United States identified Mexico for bycatch of a PLMR – the North Pacific loggerhead turtle – representing the first time a nation has been identified for bycatch under section 610. This paper evaluates the initial effects of the identification on loggerhead bycatch management efforts in Mexico and provides policy recommendations for improving the law and its implementation. In the wake of the unilateral identification, Mexico downplayed and denied the bycatch problem that their agencies had previously accepted and cancelled a bycatch research partnership between their federal fisheries science agency and U.S. researchers. Moreover, fishers invested in bycatch reduction and monitoring programs ceased to participate, jeopardizing their understanding of the problem and their co-development of bycatch solutions. However, the identification and subsequent consultation process ultimately resulted in Mexico implementing federal loggerhead bycatch regulations that are temporarily comparable with relevant U.S. measures. These regulations establish a temporary fisheries reserve (authorized for two years) that includes monitoring of bycatch, a loggerhead bycatch mortality cap, temporal and spatial restrictions on fishing gear and practices, and a closure of all finfish fisheries during the summer of 2016. As a result, turtle bycatch was likely substantially reduced in 2016, but at the cost of artisanal fishers' entire seasonal income. Policy recommendations are made, highlighting the need to: 1) better assess the socioeconomic, political, and environmental consequences associated with using the threat of trade sanctions to compel nations to reduce their bycatch; and 2) facilitate a more consistent consideration of bycatch data across nations such that the current policy does not create a disincentive for other nations to assess or report PLMR bycatch.     

New metrics for managing and sustaining the ocean's bounty

Policies are arising around the world, most recently in the United States, that mandate the implementation of marine spatial planning as a practical pathway towards ecosystem-based management. In the new United States ocean policy, and several other cases around the globe, ecosystem services are at the core of marine spatial planning, but there is little guidance on how ecosystem services should be measured, making it hard to implement this new approach. A new framework is shown here for practical, rigorous ecosystem service measurement that highlights contributions from both natural and social systems. The novel three-step framework addresses traditional shortcomings of an ecosystem services approach by giving managers and scientists the tools to assess and track: (1) the condition of the ecosystem (supply metrics), (2) the amount of ocean resources actually used or enjoyed by people (service metrics), and (3) people's preference for that level of service (value metrics). This framework will allow real world progress on marine spatial planning to happen quickly, and with a greater chance for success.     

Cooperation and compliance control in areas beyond national jurisdiction

Past decades have shown a constant increase in the number of international agreements regulating marine areas. Environmental changes as well as technological developments resulting in an increased use of oceans ensure the need for further governance in the future of high seas. At the same time, compliance by States with international obligations remains a considerable challenge in international law. In particular, regulations governing areas beyond national jurisdiction (ABNJ) are at risk of not being obeyed due to factual challenges posed to the control of high seas territories and the (legal) limits of the law of the sea. This article evaluates a stronger cooperation between States through the incorporation of compliance control systems in agreements regulating ABNJ in order to enhance compliance by States. For this purpose, provisions on compliance control measures which have already been established in two agreements regulating ABNJ, namely the International Convention for the Regulation of Whaling and the United Nations Fish Stocks Agreement, are analyzed. It is argued that the incorporation of compliance control elements into agreements regulating ABNJ is a promising avenue to secure improved compliance among States Parties and further implementation of this approach is recommended.     

国内外海岛保护与开发的发展态势

本研究以科学引文索引(Science Citation Index Expanded,SCIE)和中国知网数据库为基础,利用文献计量方法,对国内外海岛研究相关文献的年代、关键词、研究内容、发文期刊、发文国家及研究机构等进行了全面的统计分析.结果表明:国内外海岛研究的热点主要为海岛旅游业、海岛可持续开发管理、海岛生物群落...     

Economic instruments and their potential in conserving the Malaysian coastal zone

Balancing the needs of coastal communities, the desire for long-term sustainable resource use, and the maintenance of natural ecosystem equilibrium is a significant issue in most coastal regions. The United States, the United Kingdom and other European nations have used economic instruments (EIs) as an additional tool in curbing pollution. This approach has proven successful in many parts of the world, especially in developed countries.In Malaysia, EIs for environmental protection have not been introduced, but general tax incentives coupled with others instruments (grants and subsidies) have been in place for the last 10 years. As the present environmental legislation (Environmental Quality Act of 1974) is not very effective in curbing pollution, EIs such as green/environmental tax should be considered by the Malaysian Government.     

Network analysis to inform invasive species spread among lakes

Often facilitated by human-mediated pathways,aquatic invasive species are a threat to the health and biodiversity of global ecosystems.We present a novel approach incorporating survey data of watercraft movement in a social network analysis to reconstruct potential pathways of aquatic invasive species spread between lakes.As an example,we use the green alga Nitellopsis obtusa,also known as starry stonewort,an aquatic invasive species affecting the Great Lakes region in the United States and Canada.The movement of algal fragments via human-mediated pathways(i.e.,watercraft)has been hypothesized as the primary driver of starry stonewort invasion.We used survey data collected at boat ramps during the 2013 and 2014 openwater seasons to describe the flow of watercraft from Lake Koronis,where N.obtusa was first detected in Minnesota,to other lakes in the state.Our results suggest that the risk of N.obtusa expansion is not highly constrained by geographic proximity and management efforts should consider highly connected lakes.Estimating human movement via network analysis may help to explain past and future routes of aquatic invasive species infestation between lakes and can improve evidence-based prevention and control efforts.     

Network analysis to inform invasive species spread among lakes

Often facilitated by human-mediated pathways,aquatic invasive species are a threat to the health and biodiversity of global ecosystems.We present a novel approach incorporating survey data of watercraft movement in a social network analysis to reconstruct potential pathways of aquatic invasive species spread between lakes.As an example,we use the green alga Nitellopsis obtusa,also known as starry stonewort,an aquatic invasive species affecting the Great Lakes region in the United States and Canada.The movement of algal fragments via human-mediated pathways(i.e.,watercraft)has been hypothesized as the primary driver of starry stonewort invasion.We used survey data collected at boat ramps during the 2013 and 2014 openwater seasons to describe the flow of watercraft from Lake Koronis,where N.obtusa was first detected in Minnesota,to other lakes in the state.Our results suggest that the risk of N.obtusa expansion is not highly constrained by geographic proximity and management efforts should consider highly connected lakes.Estimating human movement via network analysis may help to explain past and future routes of aquatic invasive species infestation between lakes and can improve evidence-based prevention and control efforts.     

Network analysis to inform invasive species spread among lakes

Often facilitated by human-mediated pathways,aquatic invasive species are a threat to the health and biodiversity of global ecosystems.We present a novel approach incorporating survey data of watercraft movement in a social network analysis to reconstruct potential pathways of aquatic invasive species spread between lakes.As an example,we use the green alga Nitellopsis obtusa,also known as starry stonewort,an aquatic invasive species affecting the Great Lakes region in the United States and Canada.The movement of algal fragments via human-mediated pathways(i.e.,watercraft)has been hypothesized as the primary driver of starry stonewort invasion.We used survey data collected at boat ramps during the 2013 and 2014 openwater seasons to describe the flow of watercraft from Lake Koronis,where N.obtusa was first detected in Minnesota,to other lakes in the state.Our results suggest that the risk of N.obtusa expansion is not highly constrained by geographic proximity and management efforts should consider highly connected lakes.Estimating human movement via network analysis may help to explain past and future routes of aquatic invasive species infestation between lakes and can improve evidence-based prevention and control efforts.     

Network analysis to inform invasive species spread among lakes

Often facilitated by human-mediated pathways,aquatic invasive species are a threat to the health and biodiversity of global ecosystems.We present a novel approach incorporating survey data of watercraft movement in a social network analysis to reconstruct potential pathways of aquatic invasive species spread between lakes.As an example,we use the green alga Nitellopsis obtusa,also known as starry stonewort,an aquatic invasive species affecting the Great Lakes region in the United States and Canada.The movement of algal fragments via human-mediated pathways(i.e.,watercraft)has been hypothesized as the primary driver of starry stonewort invasion.We used survey data collected at boat ramps during the 2013 and 2014 openwater seasons to describe the flow of watercraft from Lake Koronis,where N.obtusa was first detected in Minnesota,to other lakes in the state.Our results suggest that the risk of N.obtusa expansion is not highly constrained by geographic proximity and management efforts should consider highly connected lakes.Estimating human movement via network analysis may help to explain past and future routes of aquatic invasive species infestation between lakes and can improve evidence-based prevention and control efforts.     

After the nursery: Regional and broad-scale movements of sharks tagged in the Caribbean

Broad-scale movements (10s–100s km) of highly migratory species, such as sharks, present unique management challenges as fish migrate across international boundaries, thereby exposing them to different levels of anthropogenic pressure. Lemon sharks and blacktip sharks are well-studied throughout their range in the western North Atlantic, but broad-scale movements in the Caribbean region are largely unknown. Utilizing 10 years (2004–2014) of acoustic and conventional tagging data, this study presents the post-nursery movements of young of the year (YOY) and juvenile blacktip (n = 198) and lemon (n = 130) sharks tagged in the United States Virgin Islands (USVI). A total of five (2.5%) blacktip sharks were recaptured by recreational and commercial fishers in the greater Caribbean and as far north as the southeastern coast of the United States, moving between 2 and 2,200 km and crossing a minimum of six international boundaries. Of the acoustically tagged blacktip (n = 88) and lemon (n = 45) sharks, 28 (32%) and 16 (24%), respectively, were detected outside the boundaries of the nursery area in which they were tagged, dispersing throughout the USVI territory; blacktip sharks were acoustically detected beyond territorial waters as far as Florida, United States (1,881 km). Both species transited through local marine protected areas but did not establish residency resulting in little protection. This is the first study to examine connectivity between blacktip shark populations of the USVI and the east coast of the United States.