The Ecosystem Approach and the Conservation and Use of Marine Biodiversity. Elizabeth Kirk University of Dundee

Transcription

1 The Ecosystem Approach and the Conservation and Use of Marine Biodiversity Elizabeth Kirk University of Dundee

2 Photo: Joe Robertson/Wikipedia

3 UNCLOS/CBD Fisheries Shipping Oil and Gas Marine Mammals Tourism Land-based Pollution Deep seabed activities FAO Soft law agreements IMO Treaties and Soft Law MARPOL London Dumping OPR Convention IWC NAMMCO IMO Soft Law Resolution GPA POPS Convention Mercury Convention LRTAP etc. ISA UNGA Regional Fisheries Management Organisations OSPAR OSPAR

4 Problematic Interactions

5 Deep sea bottom trawling and coral habitats Before Trawling After Trawling

6 Ecosystem Approach The ecosystem approach is a strategy for the integrated management of land, water and living resources that promotes conservation and sustainable use in an equitable way. (emphasis added) Biodiversity Convention COP 5 Decision V/6 Para 1

7 International Law or Commitments EC Directiv e or Strategy Target / Status to be met Enabling / Primary Legislation Implementation method / Protection afforded Boyes & Elliott (2014) Marine Pollution Bulletin. International Bodies & Conv entions KEY Policy & Targets Marine Notices - shipping, guidance & information Revision and Empowerment Orders. Conservation duties on ports Harbour & Works Licences Licences, Consents & Authorisations Licences, Consents & Authorisations (1) In 2013 the WFD replaced the Dangerous Sub. Dir.; Freshwater Fish Dir.; Shellfish Waters Dir. & Groundwater Dir. (2) The network of MPAs in England will consist of EMS/Natura 2000 (SACs & SPAs), SSSIs, Ramsar sites and MCZs Licences, Consents & Authorisations Energy Act Licences, Consents & Authorisations Climate Change Act Electricity Act Merchant Shipping Regs Harbours Act Local Harbour Acts (3) The UK is not a signatory to this Convention however a number of public statements have been produced that confirm its endorsement of the rules in its Annex All regulated activities in the English marine environment consider UK marine policy drivers such as the UK High Level Marine Objectives 2009, the UK Marine Policy Statement (4) and various National Policy Statements (5) In England, the newly adopted MSP Directive will most likely be implemented through the existing Marine and Coastal Access Act 2009? Bathing Water Regs Urban Waste Water Treatment Regs Nitrate Pollution Prevention Regs Bathing beaches Renewables targets for 2020 Safer shipping navigation, pollution control and operation Environmental Assessment Regs Licences, Consents & Authorisations Waste Hierarchy & Good Practice Prevention, management & control of harmful aquatic organisms & alien species Marine Works (EIA) Regs Sensitive area Nitrate Vulnerable Zones UWWTD Bathing Waters Renewable Energy Various EU Regs to control shipping & pollution from ships Strategic Environmental Assessments to include transboundary effects Harbour Works (EIA) Regs Licences, Consents & Authorisations Waste Regs Proposed IAS Reg Town & Country Planning (EIA) Regs Applications for Nationally Significant Infrastructure Projects (NSIPs) / Marine Licences H1 Method Pollution Prevention & Control Regs Environmental Standards Nitrates MARPOL Waste FD Marine projects are subject to Environmental Impact Assessment Sea Fish Regulation Act IPPC LONDON CONV. & PROTOCOL UN FRAMEWORK CONV. ON CLIMATE CHANGE (UNFCCC) BALLAST WATER CONV. EU Strategy on Invasive Alien Sp. Infrastructure Planning (EIA) Regs KYOTO PROTOCOL SEA Planning Act (as amended) ESPOO CONV. IMO EIA Byelaws, Orders, gear and catch restrictions Sea Fish (Conservation) Act as amended by the Sea Fisheries (Wildlife Conserv ation) Act Sustainable fisheries & safeguarding the marine environment Basic Fish Regs CFP ICES UNCLOS INT. CONV. ON SALVAGE National Heritage Act UN CONV. on BIOLOGICAL DIVERSITY UNESCO Protection of Underwater Cultural Heritage (3) Ancient Monuments & Archaeological Areas Contaminants in Food Reg OSPAR, HELCOM, UNEP-MAP, BUCHAREST Reg. Seas Conv BERN CONV. RAMSAR CONV. Council of Europe Conventions on archaeology & landscape Marine archaeology CITES Merchant Shipping Regs Protection of Military Remains Act Protection of marine archaeology Sea Fisheries (Shellfish) Act Salmon & Freshwater Fisheries Act BONN CONV. Protection of Wrecks Act Safe consumption of fish & shellfish Wild Birds Various Regs to control CITES fauna & flora FRMD Endangered species protection WFD (1) EU Integrated Maritime Policy EU Biodiversity Strategy Control of Trade in Endangered Species (COTES) Regs Contaminants in Food Regs Habitats & Species Env Liability Enforcement Sets maximum acceptable levels Flood Risk Regs Flood Risk Assessment MSFD Good Chemical Status & Good Ecological Status MSP Dir Natura 2000 sites (SAC/SPA) Prevention & remedy of env. damage Favourable Conservation Status Conservation of Habitats and Species Regs Flood Risk & Hazard Maps Flood & Water Management Act Good Environmental Status Marine spatial planning & coastal zone management Offshore Marine Conservation Regs Water Environmental (WFD) Regs Flood & Coastal Erosion Risk Management Env. Damage (P&R) Regs Multimetric Indices Marine Strategy Regs? (5) Marine & Coastal Access Act Wildlife & Countryside Act (as amended) NERC Act Reg 35 advice, Article 17 condition monitoring, Appropriate Assessments (AA), Habitat Regulations Assessment (HRA) & Likely Significant Effect (LSE) Site designations - European Marine Sites (EMS) include SAC & SPA. (RAMSAR sites designated under the RAMSAR Conv. should also be given same management considerations as EMS) River Basin Management Plans, Heavily Modified Water Bodies & Artificial Water Bodies Polluter pays principle & remedial measures Programme of measures, qualitative descriptors, ecosystem-based management approach, MPAs (2) Licences, Consents & Authorisations Biodiversity & Species Action Plans Habitat & Species Protection Conserving wider biodiversity Management Plans & Schemes Marine planning (4) Licences Coastal Recreation Conservation / Biodiversity protection (MCZ) Site designations (e.g. SSSI)

8 Integration in Global Treaties 1. UNCLOS Art 237 (2) Specific obligations assumed by States under special conventions, with respect to the protection and preservation of the marine environment, should be carried out in a manner consistent with the general principles and objectives of this Convention. 2. UNCLOS Article 311 Relation to other conventions and international agreements (1) This Convention shall not alter the rights and obligations of States Parties which arise from other agreements compatible with this Convention and which do not affect the enjoyment by other States Parties of their rights or the performance of their obligations under this Convention. 3. CBD Article 22. Relationship with Other International Conventions 1. The provisions of this Convention shall not affect the rights and obligations of any Contracting Party deriving from any existing international agreement, except where the exercise of those rights and obligations would cause a serious damage or threat to biological diversity. 2. Contracting Parties shall implement this Convention with respect to the marine environment consistently with the rights and obligations of States under the law of the sea.

9 Integrated Decision Making in Global Treaties The 1982 United Nations Convention on the Law of the Sea (UNCLOS) Art 61 Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks 1995 Art 5

10 Integrated Approaches Ship Strikes, monitored by the IWC Decisions on routing approved by IMO Alerts to shipping through ACCOBAMS - Mediterranean

11 Integrated Decision Making in Global Treaties Gaps Ad Hoc Open-ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction. Nationalgeographic.com Photograph by Emory Kristof

12 Integrated Decision Making in Regional Agreements Convention on the Protection of the Marine Environment of the Baltic Sea, 1992, 2099 U.N.T.S 195, Article 3 (1) The Contracting Parties shall individually or jointly take all appropriate legislative, administrative or other relevant measures to prevent and eliminate pollution in order to promote the ecological restoration of the Baltic Sea Area and the preservation of its ecological balance. Article 15 expressly refers to the adoption of measures to preserve biodiversity and ecological processes.

13 Integrated Approach in Regional Agreements II Adoption of an integrated approach Cooperation between OSPAR and the North-east Atlantic Fisheries Commission and between OSPAR and EU

14 Memorandum of Understanding between the North East Atlantic Fisheries Commission (NEAFC) and the OSPAR Commission Agreement where [OSPAR] considers that action is desirable in relation to a question relating to the management of fisheries, shall draw that question to the attention of the authority or international body competent for that question. Where action within the competence of the OSPAR Commission is desirable to complement or support action by those authorities or bodies, the Commission shall endeavour to cooperate with them;

15 How is integration achieved? Through 12 principles

16 COP 5 Decision V/6 EA Principles what types of issues should be considered? The transboundary effects of management decisions on neighbouring ecosystems should be considered by those managing the ecosystem The approach must be applied at the appropriate spatial and temporal scales. Ecosystems should be managed in an economic context i.e. taking account of externalities either that impact on the ecosystem or that are created by its management and incentives should be created to promote its conservation An appropriate balance between conservation and use of biodiversity should be struck

17 Transboundary Impacts Global Treaties Fish Stocks Agreement Art 7 Prevent transfer of pollution from one medium to another - UNCLOS Art 195 & Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972 and Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1996

18 Transboundary Cooperation Regional Level Trans-boundary cooperation. between OSPAR and HELCOM Harmonisation projects e.g. Joint HELCOM/OSPAR Task Group on Ballast Water Management Convention Exemptions Between OSPAR and International Seabed Authority Memorandum of Understanding with the International Seabed Authority (the Authority) OSPAR 10/23/1, Annex 12

19 COP 5 Decision V/6 EA Principles management objectives A priority is to maintain ecosystem services by conserving the functioning of ecosystems or their structures Ecosystems must be managed within the limits of their functioning. Long-term objectives should be set to take account of the variability of ecosystems across time. Management must recognize that change is inevitable.

20 Recognizing Change is Inevitable Adaptive Management in UNCLOS Art 205 Reporting Art 200 cooperation on scientific research Art 204 Monitoring Art 201 Scientific findings feed into development of the law (Art 206 Environmental Impact Assessment)

21 Ecosystem Functioning - The role of whales

22 Biodiversity Convention COP 5 Decision V/6 EA Principles who should be involved in decision-making? It is for each society to choose its conservation and management objectives Management of ecosystems should be decentralised and take place at the lowest appropriate level All forms of information and knowledge should be drawn upon in decision making including scientific, indigenous and local knowledge The ecosystem approach should involve all relevant sectors of society and scientific disciplines.

23 Involving Society Global Level Article 23(5) of the Biodiversity Convention any governmental or non-governmental body can apply for observer status provided that they be qualified in fields relating to conservation and sustainable use of biological diversity. Article XI of CITES any governmental or non-governmental body can apply for observer status provided that they be qualified in protection, conservation or management of wild fauna and flora. IWC non-party States and intergovernmental organisations may become observers and that [a]ny non-governmental organisation which expresses an interest in matters covered by the Convention, may be accredited as an observer. IWC Rules of Procedure and Financial Regulations as amended by the Commission at the 64th Annual Meeting, July 2012, Rule C(1)(b).

24 Involving Society Regional Level Involvement of all relevant sectors of society Helsinki Convention Article 17 provision of information to the public Barcelona Convention & Mediterranean Action Plan partnership arrangements for implementation North East Atlantic Fisheries Organisation right to present information etc. is at the discretion of the Chair

25 A Range of Information Regional Level Use of a range of information Helsinki Convention Article 24 Barcelona Convention Environmental Impact Assessments required under Article 4 Monitoring required under Article 12

26 Conclusions There is growing evidence of acceptance of the ecosystem approach In particular there is evidence of a move away from sectoral to integrated approaches There are still some problems: Few regimes apply all elements of the ecosystem approach or any elements (fully) Engagement by and with stakeholders is variable Cooperation across regimes is variable Application takes place within a system still focussed on use rather than conservation and use

27 Key areas for research What is the nature of interaction between these different organisations and legal regimes? Who sets priorities for actions? Or decides on key principles? To what extent have decisions on use changed to take account of the need for conservation? How does/should law take account of the need to preserve ecosystem functions, or of the natural change in ecosystems across time?