The BBNJ Agreement provides a historic opportunity to address gaps in ocean management by establishing a comprehensive framework for conserving and sustainably using marine biodiversity in ABNJ. Although the deal is not exclusively focused on fisheries, it is expected to aid in ensuring the sustainability of the marine fisheries.
While coastal developing countries are likely to benefit from the proposed Agreement by effecve parcipaon in the decision-making process, they also need to prepare for the addional obligaons and costs.
The vast expanse of the ocean is home to an extraordinary array of life forms, comprising a delicate balance of ecosystems. However, the relentless pressures of overshing, pollution, habitat destruction, and climate change have wreaked havoc on these precious environments, leading to biodiversity loss. Marine sheries, which contributes to the livelihood, food and nutritional security of billions of people, is among the most severely affected sectors.
The vast expanse of the ocean is home to an extraordinary array of life forms, comprising a delicate balance of ecosystems. However, the relentless pressures of overshing, pollution, habitat destruction, and climate change have wreaked havoc on these precious environments, leading to biodiversity loss. Marine sheries, which contributes to the livelihood, food and nutritional security of billions of people, is among the most severely affected sectors.
Managing sheries in areas beyond national jurisdiction (ABNJ) with the United Nations Convention on Law of the Sea (UNCLOS), as the cornerstone, has some critical voids yet to be lled. These gaps include a clear denition and criteria for identifying straddling and shared stocks, which require special conservation and management measures under the UNCLOS.
Furthermore, there is a pressing need for a comprehensive framework that addresses the conservation and sustainable use of marine biodiversity in ABNJ, encompassing area-based management tools and environmental impact assessments. In addition, the coordination and cooperation mechanisms among regional shery bodies (RFBs), regional seas conventions, and other international agreements responsible for ABNJ sheries management need to be improved. Lastly, more adequate compliance and enforcement mechanisms are required to ensure that the States and other relevant actors full their obligations under UNCLOS, to sustain ABNJ sheries.
To address these pressing challenges, the proposed BBNJ agreement has emerged as a beacon of hope. While the BBNJ agreement is not explicitly focused on sheries, its implications for ABNJ sheries management are signicant.
“The BBNJ agreement is an international legally binding instrument under the UNCLOS, which offers a unique opportunity to establish a comprehensive and coherent framework conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (ABNJ).”
“
BBNJ Agreement encompasses
four main topics:
First, marine genetic resources
provisions focus on benet
sharing and emphasize
considering coastal and other
states' rights and legitimate
interests, while collecting these
resources.
Second, area-based management
tools involve establishing,
implementing, and monitoring
marine protected areas and other
conservation measures based on
reliable scientic information and
a precautionary approach.
Third, environmental impact
assessments set out obligations
and procedures for evaluating the
ecological impact of activities that
may harm ABNJ marine
biodiversity.
Finally, capacity-building and
transfer of marine technologies
aim to enhance the abilities of
states and other actors through
training, education, research
cooperation, technical assistance,
equipment provision, data sharing,
and nancial support.
”
The Agreement is expected to drive the adoption of more precautionary management measures, stricter quotas, and the establishment of new marine protected areas within and beyond national jurisdiction. While these changes may present short-term challenges for the shing industry, they are crucial for safeguarding the long-term sustainability of marine resources and ensuring the sector's viability. Moreover, it recognizes the primary role and responsibility of states and regional sheries management organizations (RFMOs) in the conservation and management of sh stocks in ABNJ, and emphasizes the application of an ecosystem approach. This means that the health of the entire ecosystem and the potential impacts of shing activities on non-target species and habitats must be considered when making management decisions
Like other international agreements, the draft BBNJ agreement also has implications for developed and developing countries. On the positive side, the Agreement facilitates these countries to participate in and influence the decision-making and implementation processes regarding the conservation and sustainable use of marine biodiversity in ABNJ and access relevant information and data through the clearinghouse mechanism or other means. This will enhance their awareness, knowledge, and capacity to address the issues and opportunities related to marine biodiversity in ABNJ and protect their rights and interests as coastal States. In addition, the Agreement also offers potential benets from utilizing marine genetic resources in ABNJ, such as scientic information, monetary benets, or capacity-building, which may support their research and innovation capacities and contribute to their sustainable development goals. However, these benets may depend on the modalities and criteria for benetsharing, which are still under negotiation. Moreover, sheries are not subjected to these provisions under the Agreement.
On the other hand, the Agreement requires these countries to comply with the obligations and procedures, such as conducting environmental impact assessments for their shing activities and respecting the measures established by area-based management tools in ABNJ and cooperating with other States and actors as per UNCLOS and UNFSA. This may entail additional costs for the countries in terms of the resources and capacities needed. Moreover, the impact of changes in sheries management regimes (e.g., the adoption of stricter quotas and the establishment of new marine protected areas) on the livelihoods of small-scale shers and coastal communities need to be analyzed.
In conclusion, the BBNJ agreement presents a historic opportunity to establish a comprehensive framework for protecting and managing marine biodiversity in ABNJ. Its provisions aim to ll crucial gaps in the current ocean management framework, promote cooperation and coordination among states and RFBs, and support capacitybuilding efforts in developing countries. While the Agreement may introduce challenges and changes to the shing industry in the short term, its implementation is essential for securing the long-term sustainability of marine resources.