Defying Ocean's End - Ocean Governance

The oceans beyond national jurisdiction are under threat from many sources. Threats primarily stem from irresponsible fishing activities, shipping, pollution, marine debris and climate change. Overfishing, illegal, unreported and unregulated fishing activities and destructive fishing practices are depleting species, destroying habitats, killing non-target species, endangering vulnerable species, shifting food webs and degrading ecosystems.

Historically, the ocean has been treated as a very different “policy space” from the land and the atmosphere. Governance structures for ocean resources and environments are practically non-existent, underdeveloped, sector-specific, inconsistent or conflicting.

National jurisdictions over resources have recently (1970s-80s) been extended seaward 200 nautical miles, still leaving about 60% of the ocean as “high seas,” for which there is no comprehensive policy or management framework. Significant ocean uses —pharmaceuticals, genetic resources, mariculture, wind, wave and geothermal energy — have no policy or management regime on the high seas or in national jurisdictions. Public trust principles well established for the land or atmosphere — economic rent for private use of public trust resources, performance or security bonds, public trust patent protections — have been little used for ocean resources. Past limitations in monitoring and enforcement of ocean governance regimes have been overcome by technology advances, but we must now develop the political will to commit resources to this task. We cannot protect biodiversity beyond national jurisdiction unless countries act together.

RECOMMENDED ACTIONS FROM THE DOE AGENDA

Initiate international discussions leading to the “policy enclosure” of the world ocean through a framework agreement addressing all human activities that affect the ocean, and providing for ecosystem-based, integrated, precautionary management of the high seas as a World Public Trust. Concepts that must be considered in this effort include:

• Integration of governance regimes across use sectors, levels of government and the land-sea boundary.

• Building scientific and policy capacity, especially in less-developed nations.

• Comprehensive application of best available science, precautionary approach, “polluter pays” principles, and public trust compensation (cost recovery and economic rent).

Ensure full consideration of major policy shifts in the international dialogue leading to a framework agreement:

• Designating ocean living resources as “wildlife,” with a legal and policy framework analogous to those governing terrestrial and avian wildlife.

• Shifting responsibilities for implementation and enforcement of ocean laws from flag and port states to an independent, verifiable international process.

• Developing a decision making process based on majority or super-majority voting, rather than consensus, for prompt, international decisions.

Using seamounts in the high seas as a specific implementation example:

• Initiate emergency action, through a UN General Assembly Resolution, for a moratorium on benthic trawling until an effective management regime is established.

• Within 3 years, develop mechanisms through the Conventions on Biodiversity and Law of the Sea to select priority seamount areas and networks for protection, and implement some Marine Protected Areas with adequate monitoring and enforcement mechanisms.

• Within 10 years, develop an established, operational global network of high-seas seamount MPAs.