Designation and Management of OSPAR MPAs Beyond National Jurisdiction in the North-East Atlantic

1. Designation and Management of OSPAR MPAs Beyond National Jurisdiction in the North-East Atlantic Dr. Henning von Nordheim1 & Tim Packeiser² 1 German Federal Agency for Nature Conservation (BfN) ² Nature and Biodiversity Conservation Union (NABU) IUCN-BfN Seminar on the Conservation and Sustainable Use of Marine Biodiversity beyond National Jurisdiction 1-3 December 2011 – Bonn/Germany

2. OSPAR Convention Area in the North-East Atlantic

3. OSPAR Convention • Oslo-Paris Convention on the Protection of the Marine Environment in the North-East Atlantic (1992) • 15 Contracting Parties & European Union • 5 Thematic Strategies: Eutrophication Strategy Hazardous Substances Strategy Offshore Industry Strategy Radioactive Substances Strategy Biodiversity and Ecosystems Strategy • 5 Committees & various Working/Correspondence Groups

4. OSPAR Convention Work to implement the OSPAR Convention and its strategies is taken forward through the adoption of decisions, which are legally binding on the Contracting Parties, and through recommendations and other agreements. OSPAR Decisions and Recommendations set out actions to be taken by the Contracting Parties.

5. OSPAR Network of MPAs • OSPAR Ministerial Meeting in 2003 adopted Recommendation 2003/3: • to establish an ecologically coherent network of well-managed MPAs in the North-East Atlantic by 2010 • Toolbox: • Biogeographic classification of the OSPAR Maritime Area • OSPAR List of threatened and/or declining species and habitats • Guidelines for the identification and selection of Marine Protected Areas in the OSPAR Maritime Area (including criteria) • Guidance on developing an ecologically coherent Network of OSPAR Marine Protected Areas • Guidelines for the management of Marine Protected Areas in the OSPAR Maritime Area • As facilitator functions the OSPAR-MPA group since 1999

6. Status of OSPAR Network of MPAs(before OSPAR Ministerial Meeting in September 2010)

7. Areas beyond National Jurisdiction (ABNJ)in the OSPAR Maritime Area

8. Designation of OSPAR MPAs beyond national jurisdiction (I) 2005 • Compilation of scientific information and data • Identification of potential MPAs in ABNJ • Preparation of proposals for MPAs in ABNJ (2006/2008) • Scientific evaluation of proposals by OSPAR working groups and committees as well as by ICES (2008-2009) • Conservation objectives for proposed MPAs in ABNJ agreed by the OSPAR Commission (2009) • Six potential MPAs in ABNJ agreed in principle by the OSPAR Commission (2008/2009) • Legal advice on the establishment of MPAs in ABNJ by OSPAR Group of Jurists (2009-2010) • Political negotiations and final agreement at OSPAR Ministerial Meeting (2010) 2010

9. Designation of OSPAR MPAs beyond national jurisdiction (II) Source: WWF Germany 2007

10. Designation of OSPAR MPAs beyond national jurisdiction (III) Source: BfN Germany 2008/2009

11. Designation of OSPAR MPAs beyond national jurisdiction (IV)

12. Designation of OSPAR MPAs beyond national jurisdiction (V) OSPAR MPAs in ABNJ as established at the OSPAR Ministerial Meeting 2010 (September 2010 in Bergen/Norway) Area coverage: ~ 286.000 km²

13. Designation of OSPAR MPAs beyond national jurisdiction (VI) • OSPAR Ministerial Meeting in 2010 adopted: • OSPAR Decisions on the Establishment of six MPAs in ABNJ • OSPAR Recommendations on the Management of six MPAs in ABNJ • ! applicable to OSPAR Contracting Parties only • ! Mindful of the competencies of the OSPAR Commission, cooperation/collaboration is sought with other regional/global Competent Authorities regarding the management of these MPAs in ABNJ

14. Management of OSPAR MPAsbeyond national jurisdiction (I) • Competent Authorities to regulate human activities • in accordance with UNCLOS and corresponding mandates in ABNJ: • OSPAR Commission (OSPAR) • Protection of the Marine Environment: awareness raising, information building, marine science, environmental impact assessments (EIAs), strategic environmental assessments (SEAs) • North-East Atlantic Fisheries Commission (NEAFC) • International Seabed Authority (ISA) • International Maritime Organization (IMO) • …

15. Management of OSPAR MPAs beyond national jurisdiction (II) • Moving from a sectoral to an integrated ecosystem-based management approach amongst Competent Authorities: • Memoranda of Understanding • OSPAR-NEAFC; OSPAR-IMO; OSPAR-ISA; NEAFC-IMO; IMO-ISA; etc. • Informal Consultative Meetings • March 2010/Madeira; January 2012/Paris; to be continued • Collective Arrangement between Competent Authorities on the management of selected areas in ABNJ in the North-East Atlantic * • setting out principles for collaboration; signed by OSPAR 2011; • to be signed by other CAs • Joint preparation of management plans for MPAs in ABNJ • to start in January 2012

16. Management of OSPAR MPAsbeyond national jurisdiction (III) Envisaged Collective Arrangement between Competent Authorities on the management of selected areas in ABNJ in the North-East Atlantic § 2. The Competent Authorities decide within the framework of their respective mandate and competence, to cooperate in the development and implementation of appropriate measures for the conservation and management of these areas, informed, where appropriate, by conservation objectives established for these areas. § 3. To this end the Competent Authorities should: inform each other of any updated scientific information and environmental assessment and monitoring data; Notify and consult each other of existing and proposed human uses; cooperate on environmental impact assessments, strategic environmental assessments and equivalent instruments; consult annually to review their respective objectives in relation to the areas listed in Annex1, the status of the areas concerned, and the appropriateness of existing management measures and, where necessary, develop proposals for improvement of either; and cooperate to obtain a better knowledge of the areas concerned through, where appropriate, developing exchange of data, sharing of databases and collecting data in standardised formats.

17. Management of OSPAR MPAs beyond national jurisdiction (IV) ISA IMO MoUs & Collective Arrangement on the management of selected areas in ABNJ … … OSPAR NEAFC • Recommendations on management measures for awareness raising, information building, marine research, EIAs, SEAs • (2010) • Temporary Area Closures • (2009) Joint Management Plan MPA beyond national jurisdiction in the North-East Atlantic

18. Management of OSPAR MPAs beyond national jurisdiction (V) NEAFC: Temporary area closures on the Mid-Atlantic Ridge prohibiting fishing gear likely to contact the seafloor during normal course of fishing operations (2009-2015) Applies to NEAFC Contracting Parties

19. Concluding reflections on the regional approach in the North-East Atlantic • Without a global regulatory mechanism in place, action at the regional level seems to bethe only way forward • It is an evolving approach due to lack of precedent • Competencies are in general complementary; yet overlaps exist with regards to the general mandate to protect the marine environment • Challenge to establish principles and practicalities of cooperation/collaboration amongst Competent Authorities • Regional Authorities naturally with limited geographic scope; applicability of measures restricted to Contracting Parties • Global Authorities’ involvement/support is necessary; yet it appears to bea complicated and longwinded process

20. Thank you very much for your attention! Further information: “The first network of marine protected areas (MPAs) in the high seas: The process, the challenges and where next” B.C. O’Leary, R.L. Brown, D.E. Johnson, H. von Nordheim, J. Ardron, T. Packeiser, C.M. Roberts Marine Policy 36 (2012) 598–605