The regional approach to the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction

The development of regional initiatives for the protection of the environment is a cornerstone of international environmental policies. With regard to marine and coastal issues, this regionalisation has mainly been taking place through regional seas programmes and Regional Fisheries Management Organisations. Some regional initiatives and organisations have progressively extended their activities to areas beyond national jurisdiction. This paper aims at analysing these recent developments, highlighting their interests and challenges, and proposing options to strengthen the efficiency of regional actions in these areas. It also highlights the need to consider the global discussions on a possible new global agreement and the development of regional actions as two interconnected processes.     

A Sustainable Development Goal for the Ocean and Coasts: Global ocean challenges benefit from regional initiatives supporting globally coordinated solutions

The ocean regulates the global climate, provides humans with natural resources such as food, materials, important substances, and energy, and is essential for international trade and recreational and cultural activities. Together with human development and economic growth, free access to, and availability of, ocean resources and services have exerted strong pressure on marine systems, ranging from overfishing, increasing resource extraction, and alteration of coastal zones to various types of thoughtless pollution. International cooperation and effective governance are required to protect the marine environment and promote the sustainable use of marine resources in such a way that due account can be taken of the environmental values of current generations and the needs of future generations. The high seas deserve particular attention since they suffer from a number of regulatory shortcomings due to the basic structures set out under international law. Against this backdrop, developing and agreeing on a focussed Sustainable Development Goal (SDG) specifically for the Ocean and Coasts could prove to be an essential element to provide guidance and a framework for regional implementation agreements.     

Identifying new pathways for ocean governance: The role of legal principles in areas beyond national jurisdiction

This paper seeks to illustrate the role of principles in an emerging regime for the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (ABNJ). While certainly not a standalone solution for a complex issue, principles nonetheless serve an essential function in regime-building, bridging legal and governance processes to identify new ways forward. Given the fundamental questions of international law at hand – the restriction of the freedoms of the high seas, the nature of UNCLOS as a “living instrument” and the need to engage in innovative practice spanning law and governance – it comes as no surprise that discussions on the future of ABNJ have been highly polarized. Principles offer points of convergence to address both the “regulatory gaps” and “implementation gaps” identified and serve the structural needs of both law and governance to produce dynamic change in the protection of marine biodiversity in ABNJ. Through their function as precursors to rules, principles prepare a common space for the emergence of a regime and give it a set of mechanisms through which it can strengthen its connections to the diversity of instruments and institutions involved in addressing a multifaceted problem. A statement of principles to strengthen the conservation and sustainable use of marine biodiversity in ABNJ – many of which constitute customary international law – would therefore be a logical and constructive next step in this on-going process.     

Actions taken by fishing Nations towards identification and protection of vulnerable marine ecosystems in the high seas: The Spanish case (Atlantic Ocean)

In reply to the United Nations General Assembly Resolutions on sustainable fisheries, Spain, either by itself or in collaboration with other Nations, has been carrying out studies on vulnerable marine ecosystems (VMEs) in the high seas of the Atlantic Ocean (areas beyond national jurisdictions) since 2005. Such studies provide advice to the Spanish Government, the Regional Fisheries Management Organizations and the European Union. This paper presents the multidisciplinary methodology used and summarises the following management results: (i) contribution to identification of cold-water corals and provision of evidence to close part (∼16,000 km²) of the Hatton Bank (NE Atlantic) to bottom fishing; (ii) compilation of an international data base to identify VMEs on the slopes of the Grand Banks of Newfoundland, Flemish Pass, and Flemish Cap (NW Atlantic) and to redefine areas currently closed to fishing; (iii) improvement of knowledge about deepwater ecosystems on Walvis Ridge and adjacent seamounts (SE Atlantic) as a pilot project for implementation in this region; and (iv) identification of VMEs and closure of an area (∼41,300 km²) on the high seas of the SW Atlantic. Also discussed are progress and challenges related to identifying and protecting VMEs.     

Crossing the divide: The challenges of designing an ecologically coherent and representative network of MPAs for the UK

Against a background of international commitments to establish ecologically coherent and representative MPA networks, and the UK Marine Bill which aims to implement these commitments, the larval dispersal potential of 31 rare/scare benthic invertebrates is investigated and it is found that over half have a low dispersal potential (<1 km). On the basis of this, interviews with experts and an analysis of relevant literatures, it is argued that the establishment of representative MPA networks may be a reachable objective, as it is scientifically more realistic and thereby more defensible, whilst the aim of establishing ecologically coherent MPA networks may be a bridge too far.     

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.     

From stormy seas to the doldrums: The challenges of navigating towards an ecologically coherent marine protected area network through England's Marine Conservation Zone process

There is an on-going process to establish Marine Conservation Zones (MCZs) in England, to form part of a coherent and representative network of marine protected areas under national and EU legislation. From 2009 to 2011, the MCZ process included strong participatory elements. Four regional multi-sector stakeholder groups developed MCZ recommendations collaboratively, in line with ecological guidance provided by the Government's nature conservation advisers. This guidance was based on Government policy principles, including that MCZs should be designated based on ‘best available evidence’. This paper analyses the multi-dimensional conflicts that emerged within the stakeholder group in south-west England, which were magnified by uncertainty about future MCZ management. In September 2011, after working through these conflicts through trade-offs and negotiations, the stakeholder groups jointly recommended 127 MCZs to Government. The process subsequently shifted to a top-down approach, with further stakeholder engagement limited to bilateral consultation. There was a concurrent shift in policy, from a broad-scale network-level focus towards single-feature conservation. A lengthy series of evidence reviews concluded that the existing evidence at the time was insufficient to progress with the designation of most sites, marking a clear departure from the policy principle of proceeding with the designation of a representative network based on ‘best available evidence’, and effectively undermining the work carried out by stakeholder groups. Though MCZ designation was originally timetabled for 2012, in November 2013 just 27 of the recommended 127 MCZs were designated in a first tranche. At the time, no clear timetable was in place for subsequent tranches.     

The management performance of marine protected areas in the North-east Atlantic Ocean

In the North-east Atlantic Ocean there are 550 inshore and offshore MPAs established to accomplish a high diversity of objectives, which can be classified into 24 different types of MPA designations. Only 153 of these MPAs have a management plan (MgP) --the basic tool required for an effective management. Amongst these, only 66 are actually managed, i.e. they have the staff and resources required to operate the plan. A common characteristic of these MPAs is the lack of standardized indicators of their performance. In order to address this issue, an alternative approach was developed based on the assessment of management performance using the expert knowledge and perceptions of managers operating MPAs, a universal source of information that could allow overcoming the usual gaps due to the restrictions in coverage of scientific monitoring and assessments. MgPs showed differences among countries but were homogeneous within each country, reflecting the usual top-down approach in the establishment of MPAs. Compliance with the qualitative objectives present in MgPs was higher than compliance with quantitative ones (87% versus 50%), and the MPAs that most successfully achieved their objectives were those with regular monitoring. This analysis also shows that beyond these objectives, the establishment of an MPA and the activities developed as a consequence of its creation have a positive socio-economic impact on the local human community.     

An overview of cold-water coral protection on the high seas: The Hatton bank (NE Atlantic)—A case study

The present paper provides an overview of cold-water corals protection in the Hatton Bank deep-water fisheries through the implementation of the United Nations General Assembly resolution 61/105. The methodology and scientific evidence used to propose protection of cold-water coral ecosystems in the high seas (∼16,000 km²) are briefly summarised. The role of international agents and importance of interdisciplinary research for making management decisions are furthermore described. Implementation was slow because (i) of scarce initial scientific knowledge, (ii) research on the high seas was difficult and expensive, (iii) there were several international interests at stake, (iv) agreement from a number of agents was needed, and (v) international advisory and decision making processes were quite slow. Some lessons learned are also discussed since these may help to increase protection efficiency of deep-sea vulnerable marine ecosystems in the high seas.     

Implications of spatial heterogeneity for management of marine protected areas (MPAs): examples from assemblages of rocky coasts in the northwest Mediterranean

Marine protected areas (MPAs) are increasingly used as a management tool to preserve species and habitats. Testing hypotheses about the effectiveness of MPAs is important for their implementation and to identify informative criteria to support management decisions. This study tested the general proposition that MPAs affected assemblages of algae and invertebrates between 0.0 and 0.5 m above the mean low water level of rocky coasts on two islands in the Tuscan Archipelago (northwest Mediterranean). Protection was concentrated mainly on the west coasts of the islands, raising the possibility that neither the full range of assemblages nor the relevant scales of variation were properly represented within MPAs. This motivated the comparison of assemblages on opposite sides of islands (habitats). The effects of MPAs and habitat were assessed with a multifactorial sampling design; hypotheses were tested about differences in structure of assemblages, in mean abundance of common taxa and in univariate and multivariate measures of spatial variation. The design consisted of three replicate shores for each condition of protected and reference areas on the west side of each island and three unprotected shores on the eastern side. Assemblages were sampled independently four times on each island between June 1999 and January 2001. At each time of sampling two sites were selected randomly at each of two tidal heights to represent midshore and lowshore assemblages on each shore. Estimates of abundance were obtained using non-destructive sampling methods from five replicate 20x20 cm quadrats at each site. Results indicated differences among habitats in structure of assemblages, in mean abundance of common taxa and in univariate and multivariate measures of spatial variation at the scale of shores. Most of these patterns were inconsistent with the predicted effect of management through MPAs. The data suggest that designation of MPAs in the Tuscan Archipelago should proceed through management of multiple shores and types of habitat selected to guarantee protection to a representative sample of assemblages and to the processes responsible for maintenance of spatial patchiness at different scales. This study also shows that considerations of spatial heterogeneity are important to underpin management decisions about the number, size and location of MPAs.     

中国海膨胀巴夫藻(定鞭藻门,巴夫藻纲)的首次纪录

2015年5月,我们从天津近海分离出一株黄绿色具鞭毛的单细胞藻。这珠藻细胞形态不规则,从圆形到细长型都有出现。绝大多数细胞具有很强的运动能力,一些细胞也可以形成静止的群体。结合形态学、超显微结构观察以及分子生物学分析,我们将这株藻鉴定为定鞭藻门,巴夫藻纲的膨胀巴夫藻。在此之前,中国近海只有绿色巴夫藻的记录,绿色巴夫藻对于水产养殖起到了很重要的作用。巴夫藻纲的其他物种尚无中国海记录。这是膨胀巴夫藻在中国海的首次记录。     

Spatial and temporal characteristics of grouper spawning aggregations in marine protected areas in Palau,western Micronesia

In Palau, Ngerumekaol and Ebiil Channels are spawning aggregation sites that have been protected from fishing since 1976 and 2000, respectively. Groupers and other targeted fisheries species were monitored monthly over a 1.5 year period at these two spawning aggregations and two nearby exploited reference sites where grouper formerly aggregated to spawn. At the protected aggregation sites, three grouper species (Plectropomus areolatus, Epinephelus polyphekadion, and Epinephelus fuscoguttatus) accounted for 78% of the abundance and 85% of the biomass of all resource species surveyed but comprised <1% of the total abundance and biomass at reference sites not protected from fishing that formally harbored spawning aggregations. Abundance and biomass of grouper species pooled were 54% and 72% higher, respectively, at Ngerumekaol compared to Ebiil. Comparisons with data from the same locations in 1995–1996 showed order of magnitude declines in abundance of E. polyphekadion at both locations. The lower numbers of E. fuscoguttatus and the near absence of E. polyphekadion at Ebiil may reflect the effects of previous and current overexploitation.     

Establishing a transboundary network of marine protected areas: Diplomatic and management options for the east African context

International conservation efforts and cooperation are increasingly necessary, particularly at an ecoregion level, for the achievement of international targets for protecting biodiversity and degradation of ecosystems. Whereas more than 11 percent of land is protected, less than 1 percent of marine space is similarly protected. Transboundary networks of marine protected areas and transboundary marine protected areas (TBMPAs) are an essential form of cooperation for meeting these international targets. This paper explores the diplomatic and political options for regional and sub-regional cooperation between Tanzania, Mozambique, and South Africa, for the establishment of transboundary conservation mechanisms in the Eastern African Marine Ecoregion (EAME). Five options for the establishment and management of these mechanisms are presented, together with actions to be taken to facilitate cooperation. The paper deal with a proposed strategy for the implementation of transboundary conservation mechanisms, focusing on TBMPAs, between the three countries at a biogeographical/sub-regional level, supported by lessons learnt in other transboundary marine conservation experiences. The paper concludes that although political will may exist among States sharing borders to establish TBMPAs, the complexity of dealing with sub-regional realities is a difficult obstacle to overcome in a single step. The situation at each border must be taken into account in order that different multi-scale and multivariate solutions, supported by a common baseline will ultimately converge in a common trilateral framework. Finally, a two-step approach seems to be in course with the declaration (October 2009) of a TBMPA linking Ponta do Ouro in Mozambique to iSimangaliso Wetland Park in South Africa, following one of the options formerly presented.     

The long and winding road: The development of a comprehensive, adequate and representative system of highly protected marine protected areas in Victoria, Australia

In 2002, the state of Victoria, Australia increased its “no-take” marine protected areas (MPAs) 100 fold to cover over 5% of its coastal waters in a comprehensive, adequate and representative system of marine national parks and sanctuaries. Given the ambitious targets set for MPA establishment globally in 2003 at the World Summit for Sustainable Development this apparently remarkable achievement could be an example to other nations and states attempting to establish substantial MPA systems.This paper describes and discusses the factors that contributed to the establishment of the Victorian system and the relevance of these factors to other jurisdictions.     

Commercial fisheries closures in marine protected areas on Canada’s Pacific coast: The exception,not the rule

No-take marine protected areas (MPAs), where all fishing is prohibited, have been shown to provide benefits that include greater productivity of fish stocks due to increased densities, average sizes, and reproductive output. A critical component of this success is the effective management of MPAs to ensure that only those activities deemed permissible, are allowed to occur. As of 2008, 161 MPAs had been designated on the Pacific coast of Canada by federal, provincial or municipal authorities. The objective of this study was to discover how many of these MPAs are intended to provide full protection to habitats and species from commercial fishing and whether management measures were put in place to actualize this conservation intent. The comprehensive spatial dataset was built illustrating commercial fisheries closures and this was overlaid with MPA locations in a GIS. The majority of MPAs were designated as IUCN Strict Nature Reserve (Type Ia), Wilderness Area (Type Ib), and National Park (Type II) marine reserves, which are intended to be free from exploitation. It was found that 160 of the 161 MPAs are open to some commercial harvesting within their bounds. One small municipal MPA and portions of three other MPAs are not open to commercial harvesting. The incongruence between management intent and fisheries permitted suggests a management failure between designation of MPAs and implementation of fisheries management regulations.     

Status of the marine protected area network across the English channel (La Manche): Cross-country similarities and differences in MPA designation,management and monitoring

Recent international policy developments require states to conserve at least 10% of coastal and marine areas by creating effectively managed and ecologically coherent networks of protected areas in the marine environment. In the framework of the PANACHE project, the current status of designation, management and monitoring of the network of marine protected areas (MPAs) of an important environmental, social and economic marine area: the English Channel (the Channel) was examined. Currently 224 MPAs exist belonging to 12 different designation categories and covering 17 440 km², or approximately 20.3% of the project area in the Channel. International protection targets in the marine environment are thus met at this regional scale, although the individual contributions of the UK and France are considerably different, with French MPAs accounting for nearly 80% of the total area protected. Differences between countries are also found regarding MPA designation categories (11 in France, 6 in the UK, 1 in the Channel Islands) and management structures (with more actors involved in the UK) and approach, whereas the monitoring techniques used are similar, although more standardised in the UK. Pending challenges include greater within-country and cross-country MPA designation, monitoring and management simplicity, integration and coordination as well as the assessment of management effectiveness and ecological coherence of the Channel network of MPAs.     

The paranthurid isopod crustacean Paranthura nigropunctata (Lucas, 1846): first record from the Atlantic coast of Morocco

The littoral paranthurid isopod crustacean Paranthura nigropunctata (Lucas, 1846) is recorded for the first time from the littoral of El Jadida located on the Atlantic northwest coast of Morocco. Specimens were obtained from the invasive brown seaweed Sargassum muticum and the natives Bifurcaria bifurcata and Cystoseira tamariscifolia in January 2015. This new record further confirms a significant southward distribution of P. nigropunctata and contributes to the knowledge of the biogeography of this isopod. Heretofore, the species was only known from the western and eastern Mediterranean and some Atlantic coasts. The present finding is the first of the species from Moroccan Atlantic shores, and suggests that the species may also be present in other coastal localities from Morocco and Africa. Some data on morphology, ecology and spatial distribution of the species are provided.