5. END-OF-CONFERENCE PERSPECTIVES OF THE STEERING COMMITTEE

5.1 Introduction

As DEEP SEA 2003 proceeded, it became progressively clearer that the concerns of those at the Conference could be grouped into:

i. issues of management and compliance that are common to all fisheries, inshore and offshore and
ii. those that, if not unique to deepwater fisheries, were mainly the concern of this type of fishery.

Common Issues and Problems

· It was recognized that despite the difficulties in obtaining appropriately detailed information on the prosecution of the world’s deepwater fisheries resources, it was apparent that they were being subjected to intensive fishing effort and that in many cases, stock biomasses had been reduced to levels that could not sustain current rates of harvesting, if indeed they were still sustaining commercially viable fisheries.

· Coupled with concerns over the viability of many deepwater fisheries were concerns for the protection of the associated marine habitats. Bycatch recorded in deepwater fisheries sometimes includes long-lived benthic fauna.

· It was noted that existing arrangements for the governance of many deep-seas fisheries resources had failed to protect these resources and ensure that their potential benefits would be sustained. In this context, if future management mechanisms were to be effective in sustaining the deepwater fisheries, then the general view was that it was beyond the capacity of existing arrangements for governance to ensure the effective management of many deepwater fisheries and alternative approaches to their governance are necessary.

· Resolving existing deficiencies in governance of deepwater resources will require embracing a variety of new approaches, including those with long-term, short-term and medium-term perspectives. These approaches may be affected through more effective implementation of mechanism agreed to in existing accords on fisheries arrangements while other approaches may require further international negotiation and agreement. Many of the conservation organizations noted the need for a short-term interim prohibition on high seas bottom trawling until such arrangements were in place to serve as a spur to rapid action.

5.2 Future activities

A continuing theme of discussions and presentations at DEEP SEA 2003 was to advance efforts at addressing the many weaknesses, if not failures, of management, governance and institutions that had been identified and discussed during the period of the Conference. A number of specific programmes were identified and these are summarized in Table 1 (Strategic Objectives and a way forward) and Table 2 (Operational Issues and a Time Frame for Addressing Deep-sea Fisheries Governance and Management Challenges) and are described in greater detail in the following section, "Programmes Recommended for Implementation". The proposals could generally be classified as those consisting of (a) reinforcing ongoing initiatives, (b) implementation of new measures but using existing instruments and (c), those that envisage the creation of new management regimes and protocols with particular emphasis on areas of the seas that are not currently subject to some form of effective management protocol. These proposals ranged from operational activities such as improving data collection, to considerations of strategic issues, e.g. how access to high-seas resources may be better addressed to common benefit and the need to revisit issues that time has shown were inadequately address at the Convention responsible for the current Law of the Sea agreement.

It was beyond the objectives and nature of the Conference to identify how these initiatives might be funded, but participants were aware that this was an issue that would need to be satisfactorily addressed.

5.3 Programmes recommended for implementation

5.3.1 Background

During DEEP SEA 2003, a number of possible initiatives that were in need of attention and that would advance the theme of the Conference were raised. Many of the suggested activities are listed in the following sections as much to stimulate continued discussions as to what may contribute to better governance and management of deepwater fisheries as to identify positive steps that may be taken in the near future. The actions proposed below do not reflect any formal conclusions of the Conference, but the Steering Committee believes that it is useful to list them as they ought to provide a sound basis to provide direction for planning future initiatives.

5.3.2 The need for information concerning past deepwater fisheries

Many deepwater demersal fisheries were not sustainable and no longer support active fisheries. Many of these fisheries occurred when there was neither little international obligation to collect information with the detail that is needed for effective resource management purposes nor a well developed understanding of the importance of doing this. Further, in times past, many countries had neither the national legal basis, nor the interest, in insisting that their vessels operating on the high seas, and which were often based offshore and landed their catch into distant ports, provide more than the minimum catch and effort data required by the port authority at the point of discharge. However, such information is essential if resource analysts are to understand the reasons for the current status of deepwater stocks. Thus, a globally-coordinated effort is needed to document past deep-sea fishing activities. This would require determining the nature of past catches in terms of their species composition, the possible past age structure of the unfished resource, the fish-stock origins and an attempt at estimating the fishing effort that has been expended. The current status of deepwater fishing and fish stocks should also be determined on a global basis together with an estimate of the amount of fishing effort currently being expended. This information would be usefully collated in a single document or readily accessible database.

Table 1

DEEP SEA 2003: Strategic objectives - the way forward

Key objectives	Strategy	Methodology
International management of currently unregulated high seas fisheries	· Interested States currently fishing responsibly to take initiative to establish high seas fishing arrangement (2004) · Amend the UN Fish Stocks Agreement to extend coverage to high seas discrete fish stocks · Expansion of the FAO Code of Conduct to cover specific requirements for managing deep-sea fish stocks (e.g. an FAO Technical Consultation leading to COFI 2005) · Expand RFMO coverage to currently unregulated deep-sea fisheries in accordance with UNFSA model · Undertake audits of RFMOs’ performance. · Increase global accountability of RFMOs, through biennial meeting of RFBs, FAO and UN. · UNLOS action.	· Arrangement between interested States to elaborate voluntary conservation and management measures · Declarations of Principles (UNGA) 2004 · Universal application of UNFSA · Application of UNFSA principles to all high seas stocks · Prohibit destructive fishing methods/gear pending agreement on international regulation of discrete high seas fisheries · Development and ratificaiton of a high-seas fishing Protocol by negotiation of a formal protocol, annex to the UNFSA applicable to discrete high-seas fish stocks, or other arrangement
Promotion of marine science (ocean exploration), not just fisheries science	· Direction of funds to areas identified as particularly deficient in the knowledge base needed for effective management	· Commitment to broad-based programme of ocean exploration with open access to results
Mechanism for conservation of high-seas biodiversity	· Process to identify high seas areas of particular scientific interest for intensive international study and conservation (possible mechanism through ISA) · States to identify 10-20 deep-sea areas as regions for protection. · Use results of ocean exploration and study as a basis for global regulation to prevent/minimize loss of biodiversity	· Establishment of time-limited international process to consider implementation of the regime for high seas fisheries, MSR and mechanisms for protection of biodiversity on the high seas.
Appropriate regulation of activities related to "bio-discovery"	· Sample collection and associated activities to be sustainable and subject to EIA in every case. · Consistent regional and global approach to conditions for access and benefit-sharing. · Access to data, scientific knowledge and intrinsic values to be considered in lieu of economic benefit-sharing	· To be developed
Regime applicable to the "Area", high seas, EEZ, continental shelf and continental margin.	· negotiating a new agreement to implement the provisions of the Law of the Sea Part VII, Section 2: Conservation and Management of the Living Resources of the High Seas	· Process may lead to LOSC amendment, UNFSA Protocol, implementation agreement, GA Resolution or other legal options, but important not to pre-empt outcome pending detailed consideration of options. Opportunity to feed into LOS/UNFSA review process.
Creation of new management regimes covering ungoverned high-seas areas	· Create a new Global Fisheries Management Organisation · Create a new UN oceans organization - The World Oceans Organization (WOO)?	· A new organization, apart from a technical mandate, might also manage entitlements based on a model trust as consistent with the concept of the Common Heritage of Mankind.

Table 2

Operational issues and a time frame for addressing deep-sea fisheries governance and management challenges

	State		International
	*Action*	*Outcome*	*Action*	*Outcome*
*Short Term: 1-3 years*	Within EEZs: Implement existing protocols for conservation and reporting of fishing operations for deepwater species (e.g. VMSs, marine observer programmes, participation in log book programmes, active cooperation with other fishing States)	· Protection of currently vulnerable benthic ecosystems · Implementation of voluntary management agreements · Develop networks of VMSs - extending them where necessary	Provision of support to RFMOs to implement/strengthen their existing mandates - through funding of expert consultations, peer reviews, studies, etc.	Strengthened regional capacity to manage deepwater fish stocks; development of consistent methods for stock assessment methods and setting TACs among regions; evaluation and selection of the best methods of management
	Develop and define consensus on flag State responsibilities for fisheries on the high seas in terms of data reporting, fishing practices, observance of protected areas, areas important for future fishery recruitment, etc.; collaboration in stock assessment activities	· Evaluate effectiveness of protected or restricted fishing areas	Appropriate UNGA declarations (perhaps) relating to high-seas demersal fishing practices with appropriate follow up by relevant agencies within the UN system	Application of pressure at an international level on fishing nations to adopt appropriate responsible fishing practices by raising awareness of costs of unsustainable methods and failure to act
	Develop and implement agreements to remove all subsidies that encourage fishing effort on the high seas	· End of incentives that result in excess capacity of fishing fleets, wasteful distortions of socio-economic systems, and economic policies that exacerbate threats to sustainability of deepwater resources	Support and direction from the UN Informal Consultation Process on the Law of the Sea: consultations, articulation of recommendations, etc.
	Undertake ‘peer’ reviews of national and RFMO management practices of deepwater fisheries; identify and document "best management practices"	· Documentation and acceptance of best management practices · Provision of technical capacity as, and when, required to strengthen national/regional capacity	Identification of jurisdictional gaps, legal and juridical reviews and development of appropriate legal protocols	Facilitatation of redrafting of inter-national governance mechanisms; facilitatation and evaluation of appropriate juridical processes
	Develop industry consortia to supplement national efforts at implementing responsible deepwater fishing practices	· Expansion and institutionalization of industry-organized peer groups to encourage responsible fishing practices, provision of support to implement consumer-acceptable fishing and harvesting practices	· Industry to address relevant issues through international associations · Further development of industry action groups to coerce unscrupulous operators by publicizing irresponsible policies that are ignored or cannot be addressed at State and international levels
	Further develop Catch Documentation Schemes for appropriate deepwater species	· Government and industry-driven systems to control harvesting
	Undertake a determined effort to document past deepwater fishing activity at both national and global levels	Provision on knowledge bases to inform management actions	· Documentation of past deepwater fishing activity by national vessels on the high seas and documentation of catch histories, if possible by fleet and stock units · Review of regional resource assessment activities	· Ability to determine deepwater resource harvest potential; improved confidence in resource harvesting strategies and stock rebuilding tactics
				· Documentation of current management activities at a global level to provide a factual basis for evaluation of future harvesting policies
*Medium Term: ³ 3 years*	Ministerial Task Force on IUU	Further development of government/industry driven MCS systems; cost savings from regional and global standardization of management practices, e.g. data recording and collection, enforcement and compliance	Technical consultations on: i. deepwater fisheries management issues ii. MCS issues for high-sea demersal fisheries iii. Development of governmental frameworks iv. through working groups addressing management protocols	Execution of consultations, to the general benefit, use of widespread expert input to inform and guide, at both a national and international level, desirable management practices for deepwater species.
			Development of ‘standard’ protocols and methodologies for rapid adoption by RFBs - a flexible tool kit for addressing management and governance deficiencies	Improved regional management
			Evaluation and review of potential protocols for management of harvesting entitlements, i.e. quotas or fishing rights, in high-seas fisheries situations	More effective management arrangements

5.3.3 Securing and archiving information concerning extant deepwater fisheries

While many states now legally require their flagged vessels to report full information on their high-seas fishing operations, this is not the case for all deepwater fishing countries. A range of reporting requirements exist, which at their minimum result in only summary operations data being provided to authorities at ports of product unloading. Further, this information is often ambiguous, e.g. many discharge manifests fail to distinguish between the different possible types of product - whole, H&G, fillets, etc., complicating interpretation of the data. Such problems further complicate, if not prevent, efforts to analyze the effects of fishing on deepwater fish stocks and to determine the resource status. Further, even when such information has been collected it must be rapidly made available in appropriate detail for stock assessments and provision of harvesting advice. Many national fisheries authorities fail to do this. Immediate efforts are required to ensure that data and related information on current high-seas deepwater demersal fisheries are recorded in appropriate formats and in sufficient detail, preferably by fully implementing existing agreements or through negotiation of new arrangements.

5.3.4 Evaluation and documentation of deepwater fishery resource management standards and practices

Experiences described at DEEP SEA 2003 indicated much progress had been made in improving stock assessment methods and harvesting strategies in some regions, so as to improve the sustainability of deepwater fisheries. But, it was clear that much remained to be done. Further, it was recognized by the Conference that progress had been highly uneven among different management regimes. It was noted that a global review and evaluation of regional harvesting strategies that considered stock productivity, harvesting rates and included agreement on appropriate management of risk would be of considerable benefit, especially for new developing deepwater fisheries.

5.3.5 Bycatch issues

Fishery bycatch occurs in many deepwater fisheries, including bycatch of long-lived benthic invertebrate fauna, but the extent of bycatch varies among fisheries and locations. Except when vessels carry marine observers, little information has been collected and made available for assessing the impact of deepwater fishing on such bycatch species. A coordinated global effort is needed to ensure that deepwater fishery bycatch data are collected, archived, analyzed and reported. Based on such information, improved assessments of the effects on bycatch of deepwater fisheries should be undertaken in a globally-coordinated manner so relevant knowledge becomes available, archived and shared among those involved.

5.3.6 Evaluation of status and threats to deepwater fisheries habitat

Several Conference presentations and interventions emphasized the damage, past and present, that inappropriate bottom trawling can do to marine fish habitats and the potential harm this may cause to future recruitment of commercially-exploited deepwater species. Many instances of damage to benthic fauna have been documented and a broader assessment of this problem is needed together with an evaluation and implementation of mitigating measures. This would include development of environmentally safe and selective fishing gears as called for by the UNFSA and the FAO Code of Conduct and protected or areas closed to fishing or certain types of gear, and proposals for jurisdictional mechanisms to ensure compliance with any protective or remedial measures.

5.3.7 Review of the global coverage of management of deepwater fisheries

No current inventory of deepwater stocks and their fisheries that remain unregulated by a fisheries management organization exists. Nor is there current information on a global basis of deepwater resources that may be within the management jurisdiction of a regional fisheries body but which remain unmanaged and, or, unregulated. Such an inventory, if prepared, could complement an assessment of existing and, or, potential, concerns as to the sustainability of deepwater fisheries resources, fish habitat quality or issues relating to conservation of deepwater biodiversity.

5.3.8 Management of seamount fisheries

The Conference was informed of the particular features of seamounts - isolated seabed features, often characterized by unique or rare benthic invertebrate and fish communities. It is believed that the current flows around and over seamounts result in increased localized productivity that enhances fish stock recruitment success. Thus, seamounts are of particular importance both for their fisheries and for their biodiversity. The number of seamounts in the world is unrecorded but may exceed 100 000 depending how such features are defined. Perhaps more than half of all seamounts occur in high-seas areas. Many seamount fisheries have been depleted while the sustainability of other seamount fisheries remains a concern. Considerable damage to the benthos by fishing gear has been recorded on many seamounts, though only a small number have been examined. Fisheries associated with seamounts may benefit from specialized attention that draws on existing expertise in countries already managing such fisheries. Such efforts could also identify means of mitigating the effects of demersal trawls on benthos and means of protecting vulnerable areas. Such an effort could also examine the potential benefits from selecting a number of seamounts to become protected marine areas. Should there be grounds for doing so, a global programme should be developed to implement such a proposal.

5.3.9 Strengthening the capacity of Regional Fishery Bodies to manage deepwater resources

The importance of RFBs that have a mandate for management of deepwater fisheries is clear. However, the management of many such fisheries may not be addressed by such bodies. In some cases this may result from the lack of legal and, or, technical competence to do so. A global assessment of the role and mandate of existing regional fisheries bodies and, or, a performance audit would identify where assistance may benefit improving the regional governance of deepwater resources. This review should identify deepwater fisheries for which there are no management agreements or in management areas where there are no conservation measures to address damage caused by deepwater fishing. Such a review could include:

· identification and documentation of the problems relating to management of deepwater resources under the mandate of the respective fisheries organization

· analysis and documentation of the organization’s institutional capabilities and

· documentation of the organization’s capacity to undertake management action.

Such a peer review could determine determine where the need exists to expand the mandates of relevant RFBs to encompass ecosystem-based management of deepwater fisheries. Where new RFBs or arrangements are necessary, the benefits of preparing a handbook that addresses the specific management needs of deepwater fisheries, not least development of appropriate harvesting strategies and documenting relevant information and experiences of existing deepwater management situations. The review should also identify where potential overlap of mandates for management of deepwater resources occurs, either in terms of management areas and, or, of regulated species.

5.3.10 Review of the current legal regulatory framework for deepwater fisheries

Many participants at DEEP SEA 2003 noted that existing arrangements for the governance of deepwater fisheries had often failed to protect the fish resources. Among reasons for this was (a) failure of the 1995 Fish Stocks Agreement to address the conservation and management of discrete high seas fish stocks, (b) the failure of States Party to the 1995 Fish Stocks Agreement to apply it to straddling deep seas fish stocks; (c) the poor implementation and non-specific nature of marine biodiversity obligations that apply on the high seas and (d), the incomplete regulation of deep-sea fisheries at global and regional levels. Thus, a review of the implications and potential for reform of the international legal regime for high seas fisheries was considered to be timely. It was thought that such discussion may offer guidance to States considering possible amendments under the procedure of Article 312 for the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and for the 1995 United Nations Fish Stocks Agreement which is to be reviewed in 2006. Other, perhaps more complex, issues that were also identified as potentially benefiting from analysis and review were (a) means for establishing access rights to deepwater fisheries and how such entitlements may be defined, implemented and amended, (b) ensuring responsible flag state performance, (c) enhancing RFMO capacities to effectively manage deepwater resources and (d), improving enforcement capabilities.

5.3.11 Development of a Code of Practice for management of deepwater fisheries

Given the particular management requirements of deepwater fisheries, many Conference participants believed it would be useful to prepare a management code of conduct for such fisheries. The recommendations as to how these fisheries may be managed should build on the results of the other possible post-Conference activities mentioned above. Such a code may have to address the differing circumstances affecting governance protocols found within EEZs, those applying to shared stocks, those applying to straddling stocks and those applying to fish stocks found exclusively on the high seas. An issue directly associated with such concerns is the method of setting total allowable catches and procedures for formalizing the management of risk in these procedures. Such a Code should address the operationalizing of Precautionary Approaches to decision making regarding harvesting strategies and decisions in the context of deepwater fisheries