prescriptive and enforcement jurisdiction to repress illegal fishing beyond 200 nm,
which may include measures such as boarding, inspection and arrest of fishing
vessels engaged in the illicit activities. That is also the case for illegal fishing of
other species which destroys the sedentary life and the ecological balance of the
continental shelf beyond 200 nm.
28
That seems a reasonable position, which is shared by this work. In general, it
could be said that coastal states have criminal jurisdiction to persecute the illegal
harvesting or exploration of sedentary species of the outer continental shelf. The
application of domestic coastal state rules on fishing activities both on and above the
outer continental shelf is also supported by the FAO Report on High-Seas Deep-Sea
Fisheries, by Erik Molenaar. Not only does freedom to fish in the high seas above
these outer continental shelves not apply to sedentary species, but fishing for other
species can also be constrained by coastal State regulation in order to avoid or
mitigate impacts on sedentary species.
29
10.1.1.2 Marine Spatial Planning
The shared use of the marine environment in a planned and organized way is a great
challenge for every coastal state in the world. Such a planning process is labelled
“marine spatial planning”—sometimes also called “maritime” spatial planning,
MSP—and presupposes the involvement and participation of the different stakeholders which depend on coastal and marine areas for their survival or the continuity
of their activities. Its relevance is such, that it has been considered “a key planning
tool for sustainable decision-making.”
30 Of the tools available to public authorities
when planning the uses of the marine environment, the most relevant ones for this
section—due to their potential for conserving marine biodiversity—are the areabased tools, in particular the designation of marine protected areas within coastal
states’ national jurisdiction.
Drawing on the definition laid by the CBD, a marine protection area is a
geographically defined maritime area “which is designated or regulated and managed to achieve specific conservation objectives”.
31 When a coastal state establishes
an MPA, it resorts to an in situ conservation measure, which means “the conservation of ecosystems and natural habitats and the maintenance and recovery of viable
populations of species in their natural surroundings”. The establishment of a representative and effective system of protected areas is part of the overall biodiversity
conservation strategy and is agreed upon as a goal to be met by the CBD signatories.
28 See Ribeiro (2015), p. 64. The scholar bases her point on the Portuguese legislative decree
28/2011/A, on the OSPAR MPAs beyond 200 nm, which she considerers an attack to the national
“affirmation of sovereignty”—“manifestamente perigosa para a afirmação da soberania nacional”.
29 See Molenaar (2007), p. 117.
30 See Long (2014), p. 712.
31 Art. 2, CBD, on the use of terms.
10.1 How Far May Brazil Go?
305
which may include measures such as boarding, inspection and arrest of fishing
vessels engaged in the illicit activities. That is also the case for illegal fishing of
other species which destroys the sedentary life and the ecological balance of the
continental shelf beyond 200 nm.
28
That seems a reasonable position, which is shared by this work. In general, it
could be said that coastal states have criminal jurisdiction to persecute the illegal
harvesting or exploration of sedentary species of the outer continental shelf. The
application of domestic coastal state rules on fishing activities both on and above the
outer continental shelf is also supported by the FAO Report on High-Seas Deep-Sea
Fisheries, by Erik Molenaar. Not only does freedom to fish in the high seas above
these outer continental shelves not apply to sedentary species, but fishing for other
species can also be constrained by coastal State regulation in order to avoid or
mitigate impacts on sedentary species.
29
10.1.1.2 Marine Spatial Planning
The shared use of the marine environment in a planned and organized way is a great
challenge for every coastal state in the world. Such a planning process is labelled
“marine spatial planning”—sometimes also called “maritime” spatial planning,
MSP—and presupposes the involvement and participation of the different stakeholders which depend on coastal and marine areas for their survival or the continuity
of their activities. Its relevance is such, that it has been considered “a key planning
tool for sustainable decision-making.”
30 Of the tools available to public authorities
when planning the uses of the marine environment, the most relevant ones for this
section—due to their potential for conserving marine biodiversity—are the areabased tools, in particular the designation of marine protected areas within coastal
states’ national jurisdiction.
Drawing on the definition laid by the CBD, a marine protection area is a
geographically defined maritime area “which is designated or regulated and managed to achieve specific conservation objectives”.
31 When a coastal state establishes
an MPA, it resorts to an in situ conservation measure, which means “the conservation of ecosystems and natural habitats and the maintenance and recovery of viable
populations of species in their natural surroundings”. The establishment of a representative and effective system of protected areas is part of the overall biodiversity
conservation strategy and is agreed upon as a goal to be met by the CBD signatories.
28 See Ribeiro (2015), p. 64. The scholar bases her point on the Portuguese legislative decree
28/2011/A, on the OSPAR MPAs beyond 200 nm, which she considerers an attack to the national
“affirmation of sovereignty”—“manifestamente perigosa para a afirmação da soberania nacional”.
29 See Molenaar (2007), p. 117.
30 See Long (2014), p. 712.
31 Art. 2, CBD, on the use of terms.
10.1 How Far May Brazil Go?
305