Establishing Marine Protected Areas in the High Seas: How the UN Treaty on the High Seas will affect Japan's fishing industry

Establishing Marine Protected Areas in the High Seas: How the UN Treaty on the High Seas will affect Japan's fishing industry

Background to the UN High Seas Treaty

On March 2023, 3, at a United Nations intergovernmental meeting, a draft Convention on the Conservation and Sustainable Use of Biodiversity in Areas Beyond National Jurisdiction (commonly known as the United Nations High Seas Convention) was agreed upon, with a decision made to establish protected areas in the high seas, which cover 4% of the Earth's surface area.

The ocean not only provides us with fish and other marine resources, as well as natural resources such as biofuels, but also functions to decompose and eliminate waste and pollutants, and also plays a role in mitigating rapid changes in climate by absorbing heat and carbon dioxide. Conservation of the marine environment and biodiversity is essential for humanity to achieve sustainable development while enjoying the blessings the ocean provides.

On the other hand, because the ocean is a shared resource that anyone can use, as has long been pointed out as the tragedy of the commons, if we do not establish appropriate rules that everyone must follow and create a system to ensure that these rules are followed, the functions that the ocean provides will be diminished, leading to undesirable consequences for all of humanity.

For this reason, the United Nations Convention on the Law of the Sea (which came into force in 1994 and currently has approximately 170 member countries) is often referred to as the "Constitution of the Oceans." It stipulates that, in order to conserve the living resources of the ocean, each country must establish appropriate conservation and management measures for resources within its exclusive economic zone, cooperate in the establishment of regional fisheries management organizations on the high seas, and have an obligation to protect and preserve the marine environment.

 

Highly migratory fish such as tuna are distributed in the high seas, so resources are to be conserved and managed by regional fisheries management organizations.

 

However, the United Nations Convention on the Law of the Sea does not include any specific provisions for the conservation of biodiversity. The Convention on Biological Diversity was established in 1993, and a framework for the conservation of biodiversity within each country's terrestrial and exclusive economic zones was established, but there was still a legal vacuum in the high seas beyond the jurisdiction of nations.

In the midst of this, discussions on the conservation and sustainable use of biodiversity in the high seas continued, and this agreement was finally reached after about 20 years. Currently, the draft of the treaty has been agreed upon, but the text of the treaty will be finalized at the next meeting, and the treaty will come into force when 60 countries ratify it. French President Macron has said that he aims for the UN High Seas Treaty to come into force by the time of the UN Ocean Conference to be held in France in 2025.

 

Outline of the United Nations Convention on the High Seas

The UN Convention on the High Seas has four main provisions:

First, it is about the sharing of benefits from marine genetic resources. Genetic information of microorganisms that exist on the deep seabed, etc., outside of national jurisdiction, is expected to bring about a large market scale in the future through the development of medicines and new materials, and is called marine genetic resources. Information obtained through surveys and research on these marine genetic resources will be shared according to rules, and it has been decided that a certain percentage of the financial benefits gained from this will be paid to a fund for marine conservation.

Secondly, measures for area-based management methods, including the establishment of marine protected areas. Prior to this agreement, at the Conference of the Parties to the Convention on Biological Diversity held in December 2022, the "12by2030 target" was agreed upon, which calls for protecting and managing 30% of the world's terrestrial and marine areas for biodiversity conservation by 30. To achieve this 30by30 target, the UN Convention on the High Seas established procedures for establishing marine protected areas in the high seas.

Third, regarding environmental impact assessments, it has been stipulated that when activities on the high seas that may cause significant pollution or other negative impacts on the marine environment are to be carried out, an environmental impact assessment must be conducted and published in advance through a process involving stakeholders. Guidelines on which specific activities fall under this category will be established in the future by the science and technology agency to be established under this treaty.

Fourth, regarding capacity building and marine technology transfer, the treaty stipulates that the signatory countries of the treaty will work together to promote the conservation and sustainable use of biodiversity in the high seas by providing information and technology to developing countries and strengthening infrastructure and human resources.

 

Establishment of marine protected areas and their impact on fisheries

One of the impacts of this treaty on Japan's fisheries industry is the move to establish marine protected areas in the high seas. As mentioned above, the international goal of protecting 2030% of the ocean by 30 has already been set, and concrete discussions will begin on which parts of the high seas will be designated as protected areas and what form of protection will be taken.

However, fishing and other activities are not completely prohibited even in protected areas. Protected areas are areas where the conservation of biodiversity and ecosystems is particularly important, and the Convention on Biological Diversity stipulates that these areas should be effectively conserved as "areas where humans and nature coexist." Fishing activities that are carried out in a sustainable manner while properly managing resources are considered to be a way of coexisting with humans and nature. However, even within the framework of existing regional fisheries management organizations, there are cases where no-fishing areas are set for limited periods or areas (for example, the North Pacific Fisheries Commission, in which Japan plays a central role, has set no-fishing periods and areas in the Emperor Seamount area), and such consideration is expected to continue in the future.

In addition, it is expected that the protected areas will also restrict the mining of minerals on the deep seabed. Rare mineral and natural resources exist on the deep seabed, but at the same time, the deep seabed, which was once thought to be devoid of living organisms because light does not reach it, is now considered to be a treasure trove of rare biodiversity. There are concerns that mining of minerals on the deep seabed will damage this deep sea biodiversity, and it has also been pointed out that the dust generated by mining will have a wide-ranging adverse effect on the fishing industry.
For this reason, we believe that the establishment of protected areas on the high seas and the establishment of regulations for biodiversity conservation will have a significant positive impact on fisheries that are implementing appropriate resource management, and we believe it is desirable for us to participate in discussions so that we can make active use of protected areas.

On the other hand, there are still challenges to be overcome in establishing protected areas on the high seas. One of these is ensuring effectiveness. Establishing protected areas on paper is meaningless, and further discussion is required on such points as how to confirm that there are no violations in protected areas, how to evaluate the effectiveness of protected areas, and how to secure the financial resources for this purpose.

 


Percentage of nature protected areas in Japan as of 2021 (from https://policies.env.go.jp/nature/biodiversity/30by30alliance/)

 

Taking advantage of Japan's independent resource management to participate in new frameworks

In Europe and the United States, there is a tendency to separate the environment from human activity and to preserve the environment. In Japan, however, there has been a long-standing tradition of people working to conserve the natural environment through appropriate management of satoyama and satoumi areas, based on the idea that nature and humans coexist.

Japan's fisheries industry has a long history of voluntary resource management, with the establishment of protected areas as one form of management. Utilizing Japan's knowledge and experience, Japan can proactively participate in the international trend toward marine protection and biodiversity conservation, and lead the discussion on the establishment of protected areas in harmony with sustainable fishing, which is believed to be of long-term benefit to Japan's fisheries industry.
The Ministry of Agriculture, Forestry and Fisheries' Biodiversity Strategy, formulated in March 2023, also stipulates that "based on the basic understanding that marine areas that conserve biodiversity and use it sustainably through voluntary joint management by fishermen can also become effective protected areas, we will work to raise awareness of these Japanese-style marine protected areas."

On the other hand, Japanese fisheries have long been involved in efforts to conserve local biodiversity in Satoumi and other areas, but because they have been taken for granted, there has been little awareness of monitoring and evaluating the effectiveness of these efforts, and there is room for improvement. Another challenge is to upgrade voluntary resource management efforts that have relied on experience to be based on scientific evidence.

Considering that fishing and related industries would not be possible without a bountiful ocean, and that the conservation of marine ecosystems is the foundation for the development of the fishing industry, it is important that Japan place greater emphasis on biodiversity conservation efforts in its fisheries policies going forward. To that end, we should consider initiatives such as reviewing subsidy requirements so that those involved in the fishing industry have an incentive to work to conserve and restore marine ecosystems.

 

 

Makoto Kume
Representative of UMINEKO Sustainability Institute (USI)
Born in 1975 in Hokkaido.
Worked at the Ministry of Agriculture, Forestry and Fisheries from 14 to 25. After working in the private sector as a consultant on agriculture, forestry and fisheries business and environmental policy, he established the UMINEKO Sustainability Research Institute in 3. He is responsible for running forums aimed at restoring fishery resources.

 

 

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