Applying Marine Protected Area Frameworks to Areas beyond National Jurisdiction

Abstract

Marine protected areas (MPAs) can provide a range of ecological benefits. Frameworks—including the IUCN protected area categories and The MPA Guide—offer tools towards evaluating an MPA’s objectives, types, Level of Protection, and potential effectiveness. However, the majority of MPAs exist in national waters, raising the question of how these frameworks apply in areas beyond national jurisdiction (ABNJ). We evaluated the existing ABNJ MPAs in the Antarctic designated through the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) using the two above mentioned frameworks. The newly released The MPA Guide, which complements guidance from the IUCN protected area categories, provides perhaps the most exhaustive framework as it seeks to evaluate implementation, enabling conditions, and outcomes. The CCAMLR MPAs ranged from Category 1A (for IUCN)/Highly Protected (for The MPA Guide) to Category IV (for IUCN)/Lightly Protected (for The MPA Guide) due to differences in management objectives and activities occurring within the zones of the MPAs. Given ongoing negotiations for a new international, legally binding treaty for high seas biodiversity, evaluating an MPA using these existing frameworks will prove useful to allow for a full comprehensive picture of an MPA and what it can expect to achieve.

The influence of Antarctic governance on marine protected areas in the Biodiversity Beyond National Jurisdiction Agreement negotiations

“…For example, the International Union for the Conservation of Nature (IUCN) defines an MPA as: "a clearly defined geographical space, recognized, dedicated and managed, through legal or other effective means, to achieve the long-term conservation of nature with associated ecosystem services and cultural values" 30 . The reference to "long-term" in the definition is often thought to allude to the idea that an MPA should exist in perpetuity, though others refer to long-term as existing longer than 10 years 18,31,32 . After much negotiation as to whether the definition of an MPA should include reference to duration, the BBNJ Agreement defines an MPA as: "a geographically defined marine area that is designated and managed to achieve specific long-term biological diversity conservation objectives and may allow, where appropriate, sustainable use provided it is consistent with the conservation objectives" 17 .…”

“…For example, Edgar et al 18 states that MPAs are considered "old" when they have been in existence for 10 years or longer, while Claudet et al, 35 found that duration of the MPA matters less than the size and location of the MPA. Thus, the 35-year duration of the Ross Sea region, coupled with its location and objectives, likely qualifies it as an MPA 32,36 .…”

“…While the architecture of the BBNJ Agreement's ABMT portions could look towards CCAMLR, there may be some limitations to the way in which the CCAMLR structure operates with regards to MPAs in particular. For example, CCAMLR suffers from a lack of stakeholder outreach, as well as unsustainable financing and staffing to support MPA implementation and management 32 . Additionally, the Scientific Committee advises CCAMLR on the scientific merit of MPA proposals, but faces opposition from some CCAMLR Member States, especially around if the proposals are based on the best available science 31,77 .…”

“…However, like the SOISS MPA, its research and monitoring plan was not adopted due to a lack of consensus in the decision-making process. The lack of consensus appears to be more of a political issue than a scientific one, and both the SOISS and Ross Sea region research and monitoring plans are being implemented to some degree 32,82 ; however the lack of adoption prevents full implementation. A research and monitoring plan is key for MPAs as it outlines a pathway to evaluate and monitor the MPA 84 .…”

Decisive conservation action in areas beyond national jurisdiction is urgently required for seabird recovery in the face of global change

“…Areas beyond national jurisdiction (the high seas) cover nearly two thirds of the ocean surface and ∼90% of the ocean volume on Earth (Visalli et al., 2020; Nocito et al., 2022). The high seas support an extreme abundance and diversity of life, global nutrient cycles, carbon sequestration, climate regulation, fisheries, tourism, and other economic activities (Rochette et al., 2014; Popova et al., 2019).…”