Marine and coastal biodiversity
The Conference of the Parties,
Reiterating the United Nations General Assembly's central role
in addressing issues relating to the conservation and sustainable use of
biodiversity in marine areas beyond national jurisdiction,
Recalling that General Assembly resolution 60/30 emphasized the
universal and unified character of the United Nations Convention on the
Law of the Sea and reaffirmed that the United Nations Convention on the
Law of the Sea sets out the legal framework within which all activities
in the oceans and seas must be carried out, and that its integrity needs
to be maintained, as recognized also by the United Nations Conference on
Environment and Development in chapter 17 of Agenda 21,
Recognizing that the principles adopted in the Rio Declaration on Environment and Development 37/
play an important role in the conservation and sustainable use of marine
biodiversity,
Considering the objectives of the Convention and the principle
contained in Article 3, which establishes the responsibility of States to
ensure that activities within their jurisdiction or control, do not cause
damage to the environment of other States or of areas beyond the limits
of national jurisdiction,
Recalling the section of its decision VIII/24 on options for
cooperation for the establishment of marine protected areas in marine
areas beyond the limits of national jurisdiction, in particular
paragraph 42, in which the Conference of the Parties recognizes that the
Convention on Biological Diversity has a key role in supporting the work
of the General Assembly with regard to marine protected areas beyond
national jurisdiction, by focusing on the provision of scientific and, as
appropriate, technical information and advice relating to marine
biological diversity, the application of the ecosystem approach and the
precautionary approach, and in delivering the 2010 target,
Recalling also paragraph 38 of decision VIII/24, which
recognizes that application of tools beyond and within national
jurisdiction need to be coherent, compatible and complementary and
without prejudice to the rights and obligations of coastal States under
international law,
Recalling that the Joint Statement by the Co-Chairpersons of the
second meeting of the Ad Hoc Open-ended Informal Working Group to study
issues relating to the conservation and sustainable use of marine
biological diversity beyond areas of national jurisdiction, established
by General Assembly, registered support for the scientific criteria for
the identification of ecologically or biologically significant marine
areas in need of protection developed in the context of the Convention on
Biological Diversity,
1. Takes note of the synthesis and review of
the best available scientific studies on priority areas for biodiversity
conservation in marine areas beyond the limits of national jurisdiction,
which was undertaken in pursuance of paragraph 44 (a) of decision
VIII/24;
2. Taking into account the role of Food and Agriculture
Organization of the United Nations, requests the
Executive Secretary in collaboration with the Food and Agriculture
Organization of the United Nations, Parties, other Governments, and
relevant organizations, to compile and synthesize available scientific
information on the impacts of destructive fishing practices,
unsustainable fishing, and illegal, unreported, and unregulated (IUU)
fishing on marine biodiversity and habitats, and make such information
available for consideration, at a future meeting of the Subsidiary Body
on Scientific, Technical and Technological Advice prior to the tenth
meeting of the Conference of the Parties;
3. Taking into account the role of the International Maritime
Organization, requests the Executive Secretary to seek
the views of Parties and other Governments, and, in consultation with the
International Maritime Organization, other relevant organizations, and
indigenous and local communities, to compile and synthesize available
scientific information on potential impacts of direct human-induced ocean
fertilization on marine biodiversity and make such information available
for consideration at a future meeting of the Subsidiary Body on
Scientific, Technical and Technological Advice prior to the tenth meeting
of the Conference of the Parties;
4. Requests the Executive Secretary, in
collaboration with Parties, other Governments, and relevant
organizations, to compile and synthesize available scientific information
on ocean acidification and its impacts on marine biodiversity and
habitats, which is identified as a potentially serious threat to
cold-water corals and other marine biodiversity, and make such
information available for consideration at a future meeting of the
Subsidiary Body on Scientific, Technical and Technological Advice prior
to the tenth meeting of the Conference of the Parties;
5. Welcomes the review of spatial databases containing
information on marine areas beyond the limits of national jurisdiction
and the development of an Interactive Map (IMap),38/
which was prepared in collaboration with the United Nations Environment
Programme World Conservation Monitoring Centre in pursuance of paragraph 44
(c) of decision VIII/24, and requests the
Executive Secretary, in collaboration with the UNEP - WCMC, to invite the
International Maritime Organization and other relevant organizations, to
promote wide use of the Interactive Map (IMap), including, where
appropriate, its integration into the World Database on Protected Areas,
and continue, within the mandates of the Convention on Biological
Diversity, to update relevant information, incorporating information on
ecosystem functions and connectivity, threats and habitats in the water
column, and further linkages with the Food and Agriculture Organization of
the United Nations, and other relevant organizations, as appropriate;
6. Takes note of the report on Global Open Oceans and Deep Seabed
(GOODs) Biogeographic Classification, (UNEP/CBD/COP/9/INF/44), and requests the Executive Secretary to make this report available
for information at a future meeting of the Subsidiary Body on Scientific,
Technical and Technological Advice prior to the tenth meeting of the
Conference of the Parties;
7. Takes note of the various options, which are being applied
and/or under development to prevent and mitigate the adverse impacts of
human activities to selected seabed habitats, as referred to in paragraph
5 of decision VIII/21;
8. Invites Parties, other Governments and relevant organizations,
including in the context of the United Nations Ad Hoc Open-ended Informal
Working Group to study issues relating to the conservation and
sustainable use of marine biological diversity beyond areas of national
jurisdiction, to cooperate in further developing scientific and technical
guidance for the implementation of environmental impact assessments and
strategic environmental assessments for activities and processes under
their jurisdiction and control which may have significant adverse impacts
on marine biodiversity beyond national jurisdiction, taking into
consideration the work of Food and Agriculture Organization of the United
Nations, the International Maritime Organization, and other relevant
organizations, with a view to ensuring such activities are regulated in
such a way that they do not compromise ecosystem integrity, and to report
to the Conference of the Parties at its tenth meeting on progress made in
that regard;
9. Notes the need for capacity-building for developing
countries, in order to fully implement existing provisions of
environmental impact assessment, as well as the challenges and
difficulties in carrying out environmental impact assessment in areas
beyond national jurisdiction;
10. For the purpose of paragraphs 8 and 9 of the present decision, taking
into account the relevant provisions of the United Nations Convention on
the Law of the Sea and the Convention on Biological Diversity, decides to convene an expert workshop, including experts from
different relevant organizations, with balanced regional and sectoral
representation, to discuss scientific and technical aspects relevant to
environmental impact assessment in areas beyond national jurisdiction
with a view to contributing to the development of such scientific and
technical guidance, building on ongoing relevant sectoral, regional and
national environmental impact assessment efforts;
11. Also invites Parties, other Governments and
relevant organizations, including the Food and Agriculture Organization
of the United Nations, the United Nations Division for Ocean Affairs and
Law of the Sea, the Intergovernmental Oceanographic Commission of the
United Nations Educational, Scientific, and Cultural Organization, and
the International Maritime Organization, to cooperate in further
developing and applying effective options for preventing and mitigating
the adverse impacts of human activities to selected seabed habitats, and
make available information on their experiences and casestudies on and
lessons learned from developing and applying these options, and requests the Executive Secretary, in collaboration with
relevant organizations, to compile and disseminate such information
through the clearing-house mechanism and other means of communication;
12. Expresses its gratitude to the Government
of Portugal for hosting and providing financial support for the Expert
Workshop on Ecological Criteria and Biogeographic Classification Systems
for Marine Areas in Need of Protection, held in the Azores, Portugal,
from 2 to 4 October 2007, and to other Governments and organizations for
sponsoring the participation of their representatives;
13. Welcomes the report of the Expert Workshop on Ecological
Criteria and Biogeographic Classification Systems for Marine Areas in
Need of Protection;
14. Adopts the scientific criteria, as contained in
annex I to the present decision, for identifying ecologically or
biologically significant marine areas in need of protection, and the
scientific guidance, contained in annex II to the present decision, for
designing representative networks of marine protected areas, as
recommended by the Expert Workshop on Ecological Criteria and
Biogeographic Classification Systems for Marine Areas in Need of
Protection, and requests the Executive Secretary to
transmit the information contained in annex I and II to the present
decision to the relevant General Assembly processes;
15. Recognizes that when new scientific information, as well as
experiences and results from the practical application, are made
available, there may be a need to scientifically review the criteria in
annex I to the present decision and scientific guidance in annex II, and decides to consider the need to establish a mechanism for such a
review at a future meeting of the Subsidiary Body on Scientific,
Technical and Technological Advice after the tenth meeting of the
Conference of the Parties;
16 . Takes note of the four initial steps to be
considered in the development of representative networks of marine
protected areas, in annex III to the present decision, as recommended by
the Expert Workshop on Ecological Criteria and Biogeographic
Classification Systems for Marine Areas in Need of Protection, and requests the Executive Secretary to transmit this information,
to the relevant United Nations General Assembly processes;
17. Invites Parties, other Governments, the Food and Agriculture
Organization of the United Nations, and other relevant organizations, to
submit to the Executive Secretary their views on, and experiences from,
the use of the scientific criteria in annex I to the present decision,
the scientific guidance in annex II, and the four initial steps in annex
III, 39/ and requests
the Executive Secretary to compile
these views and make them available to Parties as part of the efforts to
further improve the criteria, scientific guidance, and steps;
18. Urges Parties, and invites other Governments, and
relevant organizations to apply, as appropriate, the scientific criteria
in annex I to the present decision, the scientific guidance in annex II,
and initial steps in annex III, to identify ecologically or biologically
significant and/or vulnerable marine areas in need of protection, with a
view to assist the relevant processes within the General Assembly and
implement conservation and management measures, including the
establishment of representative networks of marine protected areas in
accordance with international law, including the United Nations
Convention on the Law of the Sea, and recognizing that these criteria may
require adaptation by Parties if they choose to apply them within their
national jurisdiction noting that they will do so with regard to national
policies and criteria;
19. Further decides to convene an expert workshop, including
scientific and technical experts from different Parties, other
Governments and relevant organizations, with balanced regional and
sectoral participation and using the best available information and data
at the time, in order to provide scientific and technical guidance on the
use and further development of biogeographic classification systems, and
guidance on the identification of areas beyond the national jurisdiction,
which meet the scientific criteria in annex I to the present decision.
The workshop will review and synthesize progress on the identification of
areas beyond national jurisdiction which meet the scientific criteria in
annex I to the present decision, and experience with the use of the
biogeographic classification system, building upon a compilation of
existing sectoral, regional and national efforts, and requests the Executive Secretary to transmit the
results of this workshop to a future meeting of the Subsidiary Body on
Scientific, Technical and Technological Advice for its consideration
prior to the tenth meeting of the Conference of Parties with a view to
assisting the United Nations General Assembly. This workshop shall not
consider issues relating to management and only provides scientific and
technical information and guidance;
20. Invites Parties, other Governments, and relevant
organizations to provide relevant information concerning the objectives
of the workshop referred to paragraph 19 above and on the progress
towards the 2012 target to the Executive Secretary for compilation and
provision to the expert workshop;
21. Acknowledges and welcomes the work undertaken by regional
agreements and conventions in setting up such networks, in accordance
with international law, and encourages cooperation and
collaboration and capacity-building amongst existing bodies;
22. Recognizes that strong evidence has been compiled, that
emphasizes the need for urgent action to protect biodiversity in selected
seabed habitats and marine areas in need of protection in accordance with
the precautionary approach and international law, including the United
Nations Convention on the Law of the Sea;
23. Urges Parties, other Governments and relevant organizations
to undertake further research to improve understanding of marine
biodiversity, especially in selected seabed habitats and marine areas in
need of protection, including, in particular, elaboration of inventories
and baselines to be used for, inter alia, assisting in the
assessment of the status and trends of marine biodiversity and habitats,
paying special attention to those ecosystems and critical habitats that
are relatively unknown;
24. Calls upon Parties, other Governments and relevant
organizations to collaborate on capacity development in developing
countries, particularly the least developed countries and small island
developing States among them, as well as countries with economies in
transition, for the application of the scientific criteria in annex I to
the present decision and the scientific guidance in annex II, and for the
mitigation of the significant adverse impacts of human activities in
marine areas;
25. Calls upon Parties, other Governments and
relevant organizations to collaborate with developing countries,
particularly the least developed countries and small island developing
States among them, as well as countries with economies in transition, in
enhancing their scientific, technical and technological capacities to
engage in activities aimed at conservation and sustainable use of marine
biodiversity, including through specialized training, participation in
research, and regional and subregional collaborative initiatives;
26. Invites Parties to promote full and effective participation
of indigenous and local communities, in accordance with the national
legislation and applicable international obligations, when establishing
new marine protected areas; also noting the United Nations Declaration on
the Rights of Indigenous Peoples; 40/
27. Calls on Parties to integrate the traditional, scientific,
technical and technological knowledge of indigenous and local
communities, consistent with Article 8(j) of the Convention, and to
ensure the integration of social and cultural criteria and other aspects
for the identification of marine areas in need of protection as well as
the establishment and management of marine protected areas.
28. Welcomes the offer by the Government of Canada to host, and
the Government of Federal Republic of Germany to co-fund, the expert
workshop referred to in paragraph 19 above.
Annex I
SCIENTIFIC CRITERIA FOR IDENTIFYING ECOLOGICALLY OR BIOLOGICALLY
SIGNIFICANT MARINE AREAS IN NEED OF PROTECTION IN OPEN-OCEAN WATERS AND
DEEP-SEA HABITATS 41/
Criteria
|
Definition
|
Rationale
|
Examples
|
Consideration in application
|
Uniqueness or rarity
|
Area contains either (i) unique ("the only one of its kind"), rare
(occurs only in few locations) or endemic species, populations or
communities, and/or (ii) unique, rare or distinct, habitats or
ecosystems; and/or (iii) unique or unusual geomorphological or
oceanographic features |
Irreplaceable
Loss would mean the probable permanent disappearance of diversity
or a feature, or reduction of the diversity at any level. |
Open ocean waters
Sargasso Sea, Taylor column, persistent polynyas.
Deepsea habitats
endemic communities around submerged atolls; hydrothermal vents;
sea mounts; pseudo-abyssal depression |
Risk of biased-view of the perceived uniqueness depending on the
information availability
Scale dependency of features such that unique features at one scale
may be typical at another, thus a global and regional perspective
must be taken |
Special importance for lifehistory stages
of species
|
Areas that are required for a population to survive and thrive. |
Various biotic and abiotic conditions coupled with species-specific
physiological constraints and preferences tend to make some parts
of marine regions more suitable to particular life-stages and
functions than other parts. |
Area containing: (i) breeding grounds, spawning areas, nursery
areas, juvenile habitat or other areas important for life history
stages of species; or (ii) habitats of migratory species (feeding,
wintering or resting areas, breeding, moulting, migratory routes). |
Connectivity between life-history stages and linkages between
areas: trophic interactions, physical transport, physical
oceanography, life history of species
Sources for information include: e.g. remote sensing, satellite
tracking, historical catch and by-catch data, vessel monitoring
system (VMS) data.
Spatial and temporal distribution and/or aggregation of the
species. |
Importance for threatened, endangered or declining species
and/or habitats
|
Area containing habitat for the survival and recovery of
endangered, threatened, declining species or area with significant
assemblages of such species. |
To ensure the restoration and recovery of such species and
habitats. |
Areas critical for threatened, endangered or declining species
and/or habitats, containing (i) breeding grounds, spawning areas,
nursery areas, juvenile habitat or other areas important for life
history stages of species; or (ii) habitats of migratory species
(feeding, wintering or resting areas, breeding, moulting, migratory
routes). |
Includes species with very large geographic ranges.
In many cases recovery will require reestablishment of the species
in areas of its historic range.
Sources for information include: e.g. remote sensing, satellite
tracking, historical catch and by-catch data, vessel monitoring
system (VMS) data. |
Vulnerability, fragility,sensitivity, or slow recovery
|
Areas that contain a relatively high proportion of sensitive
habitats, biotopes or species that are functionally fragile (highly
susceptible to degradation or depletion by human activity or by
natural events) or with slow recovery. |
The criteria indicate the degree of risk that will be incurred if
human activities or natural events in the area or component cannot
be managed effectively, or are pursued at an unsustainable rate. |
Vulnerability of species
Inferred from the history of how species or populations in other
similar areas responded to perturbations.
Species of low fecundity, slow growth, long time to sexual
maturity, longevity (e.g. sharks, etc).
Species with structures providing biogenic habitats, such as
deepwater corals, sponges and bryozoans; deep-water species.
Vulnerability of habitats
Ice-covered areas susceptible to ship-based pollution.
Ocean acidification can make deepsea habitats more vulnerable to
others, and increase susceptibility to humaninduced changes. |
Interactions between vulnerability to human impacts and natural
events
Existing definition emphasizes site specific ideas and requires
consideration for highly mobile species
Criteria can be used both in its own right and in conjunction with
other criteria. |
Biological productivity
|
Area containing species, populations or communities with
comparatively higher natural biological productivity. |
Important role in fuelling ecosystems and increasing the growth
rates of organisms and their capacity for reproduction |
Frontal areas
Upwellings
Hydrothermal vents
Seamounts polynyas |
Can be measured as the rate of growth of marine organisms and their
populations, either through the fixation of inorganic carbon by
photosynthesis, chemosynthesis, or through the ingestion of prey,
dissolved organic matter or particulate organic matter
Can be inferred from remote-sensed products, e.g., ocean colour or
process-based models
Time-series fisheries data can be used, but caution is required |
Biological diversity
|
Area contains comparatively higher diversity of ecosystems,
habitats, communities, or species, or has higher genetic diversity. |
Important for evolution and maintaining the resilience of marine
species and ecosystems |
Sea-mounts
Fronts and convergence zones
Cold coral communities
Deep-water sponge communities |
Diversity needs to be seen in relation to the surrounding
environment
Diversity indices are indifferent to species substitutions
Diversity indices are indifferent to which species may be
contributing to the value of the index, and hence would not pick up
areas important to species of special concern, such as endangered
species
Can be inferred from habitat heterogeneity or diversity as a
surrogate for species diversity in areas where biodiversity has not
been sampled intensively. |
Naturalness
|
Area with a comparatively higher degree of naturalness as a result
of the lack of or low level of human-induced disturbance or
degradation. |
To protect areas with near natural structure, processes and
functions
To maintain these areas as reference sites
To safeguard and enhance ecosystem resilience |
Most ecosystems and habitats have examples with varying levels of
naturalness, and the intent is that the more natural examples
should be selected. |
Priority should be given to areas having a low level of disturbance
relative to their surroundings
In areas where no natural areas remain, areas that have
successfully recovered, including reestablishment of species,
should be considered.
Criteria can be used both in their own right and in conjunction
with other criteria. |
Annex II
SCIENTIFIC GUIDANCE FOR SELECTING AREAS TO ESTABLISH A REPRESENTATIVE
NETWORK OF MARINE PROTECTED AREAS, INCLUDING IN OPEN OCEAN WATERS AND
DEEP-SEA HABITATS 42/
Requirednetworkproperties and components
|
Definition
|
Applicablesitespecificconsiderations (inter
alia)
|
Ecologically and biologically significant areas |
Ecologically and biologically significant areas are geographically
or oceanographically discrete areas that provide important services
to one or more species/populations of an ecosystem or to the
ecosystem as a whole, compared to other surrounding areas or areas
of similar ecological characteristics, or otherwise meet the
criteria as identified in annex I to decision IX/20. |
Uniqueness or rarity
Special importance for life history stages of species
Importance for threatened, endangered or declining species and/or
habitats
Vulnerability, fragility, sensitivity or slow recovery
Biological productivity
Biological diversity
Naturalness |
Representativity |
Representativity is captured in a network when it consists of areas
representing the different biogeographical subdivisions of the
global oceans and regional seas that reasonably reflect the full
range of ecosystems, including the biotic and habitat diversity of
those marine ecosystems. |
A full range of examples across a biogeographic habitat, or
community classification; relative health of species and
communities; relative intactness of habitat(s); naturalness |
Connectivity |
Connectivity in the design of a network allows for linkages whereby
protected sites benefit from larval and/or species exchanges, and
functional linkages from other network sites. In a connected
network individual sites benefit one another. |
Currents; gyres; physical bottlenecks; migration routes; species
dispersal; detritus; functional linkages. Isolated sites, such as
isolated seamount communities, may also be included. |
Replicated ecological features |
Replication of ecological features means that more than one site
shall contain examples of a given feature in the given
biogeographic area. The term "features" means "species, habitats
and ecological processes" that naturally occur in the given
biogeographic area. |
Accounting for uncertainty, natural variation and the possibility
of catastrophic events. Features that exhibit less natural
variation or are precisely defined may require less replication
than features that are inherently highly variable or are only very
generally defined. |
Adequate and viable sites |
Adequate and viable sites indicate that all sites within a network
should have size and protection sufficient to ensure the ecological
viability and integrity of the feature(s) for which they were
selected. |
Adequacy and viability will depend on size; shape; buffers;
persistence of features; threats; surrounding environment
(context); physical constraints; scale of features/processes;
spillover/compactness. |
Annex III
FOUR INITIAL STEPS TO BE CONSIDERED IN THE DEVELOPMENT OF REPRESENTATIVE NETWORKS OF MARINE PROTECTED
AREAS:
1. Scientific identification of an initial set of ecologically or
biologically significant areas. The criteria in annex I to decision
IX/20 should be used, considering the best scientific information
available, and applying the precautionary approach. This identification
should focus on developing an initial set of sites already recognized for
their ecological values, with the understanding that other sites could be
added as more information becomes available.
2. Develop/choose a biogeographic, habitat, and/or community
classification system. This system should reflect the scale of the
application and address the key ecological features within the area. This
step will entail a separation of at least two realms-pelagic and benthic.
3. Drawing upon steps 1 and 2 above, iteratively use
qualitative and/or quantitative techniques to identify sites to include
in a network. Their selection for consideration of enhanced
management should reflect their recognised ecological importance or
vulnerability, and address the requirements of ecological coherence
through representativity, connectivity, and replication.
4. Assess the adequacy and viability of the selected sites. Consideration should be given to their size, shape, boundaries,
buffering, and appropriateness of the site-management regime.
37/ Report of the United Nations Conference on Environment and Development, Rio de Janeiro, 3-14 June 1992, vol. I,
Resolutions Adopted by the Conference (United Nations publication, Sales No. E.93.I.8 and corrigendum), resolution 1, annex I.
38/ There exists a disclaimer: "The material and geographic
designations in this map do not imply the expressions of any opinion
whatsoever on the part of UNEP-WCMC concerning the legal status of any
country, territory, or area, or concerning the delimitation of its
frontiers or boundaries. © UNEP-WCMC, 2007."
39/ A Party expressed the view that proposals on ways and
means for coordination, management and control in these areas should also
be included.
40/ General Assembly resolution 61/295 of 13 September 2007,
annex.
41/ Referred to in paragraph 1 of annex II to decision
VIII/24.
42/Referred to in pparagraph 3 of annex II of decision
VIII/24
