To date, the impact of fishing activities on the biodiversity of the marine environment constitutes the principal reason called upon for the creation of marine protected areas (MPAs) in the high seas. MPAs (in particular areas closed to certain fishing activities) are proposed as a useful protective measure within the framework of precautionary- and ecosystem-based approaches to reduce the impact of fishing on vulnerable marine habitats and species. The impacts are particularly acute in fisheries of deepwater demersal species, both because of the use of non-selective gears that potentially impact fragile habitats, in particular seamounts and other deepwater features, and owing to the fact that they often target marine species with low productivity which cannot sustain high rates of exploitation.
As reported by the Expert Consultation organized by FAO in November 2006 on Deep-sea Fisheries in the High Seas, the management of deepwater fishery resources and the protection of their ecosystems in the high seas raises particular concerns. The need for adequate international and regional legal frameworks for implementing spatial-based fisheries management measures in the high seas and methods to prevent illegal activities are widely noted in international discussions. These concerns are of particular importance to the implementation of high seas MPAs.
In August 2008, the International Guidelines for the Management of Deep-sea Fisheries in the High Seas developed by FAO, were adopted by FAO Members at a Technical Consultation in Rome. These Guidelines will provide countries and regional fisheries management organizations with a voluntary tool through which to better manage these fisheries for sustainable use and to protect vulnerable marine ecosystems. Further information can be found on the meeting website (link) from the Technical Consultation in February 2008 and August 2008.
Legal aspects related to the implementation of MPAs in the high seas
The responsibilities of states to contribute and cooperate in the protection of the marine environment and its biodiversity are defined within international conventions and agreements such as the United Nations Convention on the Law of the Sea (UNCLOS), the UN Fish Stocks Agreement, the Convention on Biological Diversity (CBD), as well as in the resolutions of the UN General Assembly (UNGA).
Under this global framework, some Regional Fisheries Management Organizations (RFMOs) have oriented their management mandate toward an ecosystem-based approach, and are implementing area-based fishing restrictions aimed at the protection of discrete deep-sea fish stocks and their vulnerable habitats. In some cases, this is done in concert with other regional arrangements or organizations focussing the conservation of the marine environment. Examples of area-based management measures implemented by RFMOs are presented in the next section.
As reported by an independent panel to develop a model for improved governance (link), there are still gaps in the regulation of fisheries in the high seas. Some areas are still not covered by RFMOs with sufficient mandates for the management of certain fisheries such as those targeting deepwater bentho-pelagic and demersal species. This issue was also discussed in the Expert Consultation on Deep-sea Fisheries of the High Seas and was specifically addressed in documents produced for that meeting as well as by the CBD.
Compliance and enforceability of MPAs in the high seas
The need for an efficient control and enforcement scheme is another major issue related to the implementation of MPAs in the high seas. Concerning fisheries, many RFMOs suffer from serious problems of illegal, unreported and unregulated (IUU) fishing within their areas (see FAO IUU Technical Guidelines for more information). While Vessel Monitoring Systems (VMS) are considered a cost-effective tool to enforce regulations restricting the access to a defined area, they do not prevent fishing activity of vessels flagged under states that are not members of the system, requiring additional surveillance tools like Vessels Detection Systems (VDS) based on the use of satellite images. (Click here for further information on VMS). Apart from classic dedicated surveillance, which is costly and complicated to implement in the high seas, regional and international monitoring control and surveillance (MCS) systems are being developed International MCS Network. Parties of these networks exchange information on vessels authorized to fish in their area of competence, as well as on observations of vessels engaged in IUU fishing activities.
Examples of high sea MPAs with fisheries restrictions
Below, regional initiatives for the implementation of high seas MPAs are presented:
A. North East Atlantic Fisheries Commission (NEAFC)
B. Northwest Atlantic Fisheries Organization (NAFO)
C. South East Atlantic Fisheries Organization (SEAFO)
D. General Fisheries Commission for the Mediterranean (GFCM)
E. Conservation of Antarctic Marine Living Resources (CCAMLR)
F. Southern Indian Ocean Deepwater Fishers’ Association (SIODFA)
A. North East Atlantic
In 2004, the North East Atlantic Fisheries Commission (NEAFC) closed four seamounts and a section of the Reykjanes Ridge for three years to bottom trawling and static gears. NEAFC also closed an additional four areas on Hatton and Rockall Banks to bottom fishing for the protection of cold-water coral reefs. Based on new information the boundaries of two of these areas were adjusted in 2007, and a new area was closed (SW Rockall Bank) (NEAFC Reg.IX 2008)
Since February 2006, a temporary measure prohibiting the use of gillnets, entangling nets and trammel nets was adopted in the NEAFC Regulatory Area (high seas) at depths greater than 200 metres. This measure is aimed at protecting deep-sea stocks due to excessive time spent by the gear in the water and consequent high discard levels, and due to the long-term impact of lost or abandoned gears.
In addition, NEAFC Contracting Parties have agreed on the prohibition of fishing for orange roughy (Hoplostethus atlanticus) in the Regulatory Area by vessels flying their flags for the period of 1 January - 30 June 2007. Another area located in the region of the Hatton and Rockall banks and known as a haddock spawning area has been closed to all fishing except longlines.
NEAFC has updated its convention in order to enlarge its mandate to include marine biodiversity and habitat protection. More information is available on the NEAFC website.
B. North West Atlantic
In the Northwest Atlantic Ocean, the Northwest Atlantic Fisheries Organization (NAFO) agreed in September 2006 to move towards an ecosystem approach and to expand its mandate to minimize harmful impacts and preserve marine biodiversity. NAFO members also agreed to protect four seamount areas from high seas bottom trawling for a four year period (2007-2010). These areas will be fully closed in 2007, and as of 1 January, 2008, 20 percent of the fishable area of each seamount may be opened to small scale and restricted exploratory fisheries. In the event hard corals are encountered in these four areas, the fishery will be subject to closure. These measures will be reviewed in 2010 at which time they may be ended, extended, or possibly made permanent.
In 2007, the NAFO Fisheries Commission established a "Coral Protection Zone" in the Division 3O, where all fishing activities involving bottom contact gear are prohibited from January 1, 2008 until the end of 2012. During that time, a coral monitoring and research program in this area will be carried out.
Finally, though not related to the protection of vulnerable habitats, an additional two closed areas for shrimp fishing on the Flemish Cap have been established. In these areas, fishing for shrimp is prohibited from June to December in 3M and from April to June in 3L. In addition, all fishing for shrimp in Division 3L can only take place at depths greater than 200 meters and is limited at any time to one vessel per flag State's allocation.
More detailed information is available in the 2007 annual report on the NAFO web site.
In October 2006, the parties of the South East Atlantic Fisheries Organization (SEAFO) agreed to prohibit all fishing activities for species covered by the SEAFO convention in 10 seamounts areas for a four year period (2007-2010) to protect vulnerable deepwater habitats and ecosystems in the South East Atlantic Ocean. A further three areas have been proposed for closure, but thus far remain open to fishing.
In 2007, the Scientific Committee recommended maintaining the areas closed to any fishing pending an assessment of the impact of fishing and the extent to which vulnerable marine ecosystems were present in the closed areas. More information is available on the SEAFO web site.
D. Mediterranean Sea
In 2005, the General Fisheries Commission for the Mediterranean (GFCM) adopted recommendations requiring members to prohibit the use of towed dredges and trawl net fisheries at depths greater than 1000 metres. More recently in 2006, three specific areas have been declared MPAs to protect corals, cold hydrocarbon seeps and seamounts.
E. Antarctic
The Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) is in a unique position in terms of management among RFMOs in that its mandate is expansive enough to include the ecosystem approach. In this light, CCAMLR has recently begun to consider scientifically-based criteria for MPA establishment and has undertaken work on the bioregionalization of the Southern Ocean.
F. Indian Ocean
The Southern Indian Ocean Deepwater Fishers’ Association (SIODFA), which is comprised of the four main companies with trawling operations in the area, has established its own protected areas known as benthic protected areas (BPA). The BPAs are regions where bottom trawling and dredging is forbidden, and the members of SIODFA have also agreed that midwater trawling will be banned but cannot speak for other operators.
Future directions
If today the major threat is considered to be fishing, tomorrow other threats such as bio-prospecting, mining, energy development and CO2 sequestration may arise. Implementation of spatial management measures will have to be considered in a broader context, rather than solely that of fisheries. In addition, threats affecting the water column, and not only the sea bed or sea floor will have to be considered: pollution, noise, litter, disturbances, etc. will have to be factored into the activities taking place in an area. MPAs or spatially-based management, are one of the few management tools that address the activities of multiple sectors, and therefore might constitute an important tool in the present and future management of deep-sea ecosystems including fisheries in the high seas.| Updated on February 2008 |