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
OSPAR Convention Area in the North-East Atlantic
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
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.
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
Status of OSPAR Network of MPAs (before OSPAR Ministerial Meeting in September 2010)
Areas beyond National Jurisdiction (ABNJ) in the OSPAR Maritime Area
Designation of OSPAR MPAs beyond national jurisdiction (I)
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)
2005
2010
Designation of OSPAR MPAs beyond national jurisdiction (II)
Source:
WWF Germany
2007
Designation of OSPAR MPAs beyond national jurisdiction (III)
Source:
BfN Germany
2008/2009
Designation of OSPAR MPAs beyond national jurisdiction (IV)
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
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
Management of OSPAR MPAs beyond 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)
…
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
Management of OSPAR MPAs beyond 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:
a. inform each other of any updated scientific information and environmental assessment
and monitoring data;
b. Notify and consult each other of existing and proposed human uses;
c. cooperate on environmental impact assessments, strategic environmental assessments
and equivalent instruments;
d. 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
e. 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.
Joint Management Plan
MoUs &
Collective Arrangement on the
management of selected areas in
ABNJ
Management of OSPAR MPAs beyond national jurisdiction (IV)
MPA beyond national jurisdiction in the
North-East Atlantic
OSPAR
ISA IMO
NEAFC
… …
Recommendations
on management measures for
awareness raising, information
building, marine research, EIAs,
SEAs (2010)
Temporary Area
Closures (2009)
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
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 be the 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
be a complicated and longwinded process
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
