Diversity (CBD)
30 have developed the concept of ecologically or biologically
significant marine areas (EBSA) in the first decade of the twenty-first century.
EBSA comprise the following criteria: 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; and naturalness. Contrary to the concept of sanctuaries, EBSA are areas that are individually managed by cooperating
states, following the rules of international law and in particularly the UNCLOS. In
how far the implementation of EBSA will yield positive long-term results remains to
be seen given the recent (and still ongoing) development of the concept.
While the approach taken by the CBD is global and therefore expectedly taking
rather long to be fully implemented, other regimes have taken their own steps to put
in place MPAs that take a comprehensive, ecosystem-based approach to conservation. One such regime is the OSPAR Convention. Here, MPAs play a crucial role
for the overall success of the convention. OSPAR defines MPAs as “areas for which
protective, conservation, restorative or precautionary measures have been instituted
for the purpose of protecting and conserving species, habitats, ecosystems or
ecological processes of the marine environment.”
31 This includes waters within
the EEZs of OSPAR parties as well as beyond the EEZs. Since 2010 seven MPAs in
the high seas have been established, which are either co-managed by OSPAR
parties or for which management plans are currently under development. Currently,
all in all more than 400 MPAs have been established under OSPAR, covering
around 6% of the convention area. The aim of the convention is to establish a
network of MPAs that would ultimately result in the comprehensive management of
MPAs with the ultimate goal of effective biodiversity protection. As we can see,
OSPAR’s approach is significantly different to that by the IWC. This is hardly
surprising, however, given the IWC’s limited mandate and OSPAR’s broad,
ecosystem-based mandate.
The CBD and OSPAR serve as but two examples for an MPA-based approach to
the protection of the marine environment and numerous regimes, institutions and
organisations promote the establishment of MPAs. An authoritative source in this
regard is Erich Hoyt’s Marine Protected Areas for Whales, Dolphins and
Porpoises.
32 With the examples above, I think it has become clear that MPAs in
their various forms play an important role for the protection of marine mammals as
part of the protection of the marine ecosystem. With a sole focus on specific species,
rather little can be achieved, particularly when it refers to the lethal take only.
Therefore, comprehensive management is key, including pragmatic approaches
that take into account not merely the protection of the marine environment, but
also the human use of this environment. Marine spatial planning and comprehensive
30 Convention on Biological Diversity, 5 June 1992 (1760 UNTS 79).
31 OSPAR (Undated).
32 Hoyt (2011).
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4 The Global Framework for the Environment and Marine Mammals
30 have developed the concept of ecologically or biologically
significant marine areas (EBSA) in the first decade of the twenty-first century.
EBSA comprise the following criteria: 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; and naturalness. Contrary to the concept of sanctuaries, EBSA are areas that are individually managed by cooperating
states, following the rules of international law and in particularly the UNCLOS. In
how far the implementation of EBSA will yield positive long-term results remains to
be seen given the recent (and still ongoing) development of the concept.
While the approach taken by the CBD is global and therefore expectedly taking
rather long to be fully implemented, other regimes have taken their own steps to put
in place MPAs that take a comprehensive, ecosystem-based approach to conservation. One such regime is the OSPAR Convention. Here, MPAs play a crucial role
for the overall success of the convention. OSPAR defines MPAs as “areas for which
protective, conservation, restorative or precautionary measures have been instituted
for the purpose of protecting and conserving species, habitats, ecosystems or
ecological processes of the marine environment.”
31 This includes waters within
the EEZs of OSPAR parties as well as beyond the EEZs. Since 2010 seven MPAs in
the high seas have been established, which are either co-managed by OSPAR
parties or for which management plans are currently under development. Currently,
all in all more than 400 MPAs have been established under OSPAR, covering
around 6% of the convention area. The aim of the convention is to establish a
network of MPAs that would ultimately result in the comprehensive management of
MPAs with the ultimate goal of effective biodiversity protection. As we can see,
OSPAR’s approach is significantly different to that by the IWC. This is hardly
surprising, however, given the IWC’s limited mandate and OSPAR’s broad,
ecosystem-based mandate.
The CBD and OSPAR serve as but two examples for an MPA-based approach to
the protection of the marine environment and numerous regimes, institutions and
organisations promote the establishment of MPAs. An authoritative source in this
regard is Erich Hoyt’s Marine Protected Areas for Whales, Dolphins and
Porpoises.
32 With the examples above, I think it has become clear that MPAs in
their various forms play an important role for the protection of marine mammals as
part of the protection of the marine ecosystem. With a sole focus on specific species,
rather little can be achieved, particularly when it refers to the lethal take only.
Therefore, comprehensive management is key, including pragmatic approaches
that take into account not merely the protection of the marine environment, but
also the human use of this environment. Marine spatial planning and comprehensive
30 Convention on Biological Diversity, 5 June 1992 (1760 UNTS 79).
31 OSPAR (Undated).
32 Hoyt (2011).
78
4 The Global Framework for the Environment and Marine Mammals