ocean

The Implementation of UNGA Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas

A report from the International Programme on the State of the Ocean Dr Alex D. Rogers Matthew Gianni

MAY 2010

The International Programme on the State of the The Deep Sea Conservation Coalition (DSCC) is Ocean (IPSO) brings together world experts in the a coalition of over 60 organizations worldwide science, socioeconomics and governance of marine promoting fisheries conservation and the ecosystems to identify how humankind is changing protection of biodiversity on the high seas. the capacity of the Global Ocean to support life and human societies on . The DSCC has been actively involved in the international debate and negotiations IPSO will use this knowledge to identify solutions concerning the adverse impacts on deep-sea to restore the health of the Ocean, so as to sustain biodiversity in areas beyond national environmental security and benefits for the present jurisdiction from bottom trawling and other and future generations. The programme will methods of bottom fishing on the high seas communicate its findings to the public, industry and since 2003/2004. policymakers in order to impel the required changes in human behaviour needed to achieve these solutions. www.stateoftheocean.org www.savethehighseas.org D deep coral The Implementation of UNGA Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas Contents Dr Alex David Rogers Scientific Director, International Programme on the State of the Ocean, Institute of , Zoological Society of London, SUMMARY 2 Regent’s Park, London, SUMMARY TABLE 6 NW1 4RY RECOMMENDATIONS 8 Matthew Gianni High Seas Fisheries Consultant, INTRODUCTION 10 Political and Policy Advisor, Deep Sea Conservation Coalition Amsterdam, METHODS 13 The Netherlands

Reviewed by Dr Richard Haedrich Northeast 15 Professor of Fisheries Biology emeritus, Department of Biology, Northwest Atlantic Ocean 35 Memorial University Mediterranean Sea 45

Southwest Atlantic Ocean 51 Citation: Rogers, A.D., Gianni, M. (2010) The Implementation of UNGA Resolutions North Pacific Ocean 56 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas. Report prepared for the Deep-Sea Conservation Coalition. Pacific Ocean 62 International Programme on the State of the Ocean, London, United Kingdom, 97pp. Southwest 68

Cover photograph: Southern Ocean 72 Mediterranean roughy (Hoplostethus mediterraneus), over coral garden habitat mainly comprising Acanthogorgia hirsuta, Faial Island, Azores, North REFERENCES 82 Atlantic, 350m depth. © A.D. Rogers and Rebikoff Foundation. ANNEXES 93

About this report: This report was prepared for the Deep-Sea Conservation Coalition by the International Programme on the State of the Ocean.

The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 1 details of fishing history, intended fishing operations, gear to be used, a full definition Summary of VMEs likely to be encountered, and a full ecological risk assessment in consultation with scientists, managers and industry to assess For the past eight years, the issue of protecting biodiversity in the deep sea in the potential impacts of the proposed fishing areas beyond national jurisdiction – the high seas – has been extensively debated operations. Other impact assessments lacked by the United Nations General Assembly (UNGA) and in other international sufficient information to assess the impacts of fora. The UNGA adopted a series of resolutions, beginning with Resolution proposed fishing operations or were based on incorrect assumptions about the presence or 59/25 in 2004, which called on high seas fishing nations and regional fisheries lack of presence of VMEs. In addition, several management organisations (RFMOs) to take urgent action to protect vulnerable RFMOs have not required impact assessments marine ecosystems (VMEs) from destructive fishing practices, including bottom for exploratory fisheries in new areas and/ trawl fishing, in areas beyond national jurisdiction (UNGA, 2004). or existing fishing areas, despite the UNGA resolutions and FAO Guidelines (FAO, 2009a) that call for all deep-sea bottom fisheries to be A report from the United Nations (UN) A set of International Guidelines for the assessed. Secretary General in 2006 on progress on Management of Deep-Sea Fisheries in the High Argos Georgia in Port relevant UNGA resolutions has not previously the implementation of the 2004 resolution Seas (FAO Guidelines) were then negotiated Stanley, the Falkland been conducted. This report assesses the concluded that little action had been taken to under the auspices of the United Nations Food Islands. U.K. vessel measures and regulations adopted with regards Preventing impacts protect deep-sea ecosystems on the high seas and Agriculture Organization (UN FAO) to, inter involved in fishing for to the four key actions in the 2006 UNGA on vulnerable marine from the adverse impacts of bottom fisheries alia, further define and agree to criteria for toothfish (Dissostichus Resolution 61/105 and reinforced by Resolution ecosystems despite the fact that “deep-sea habitats in these the conduct of impact assessments of high spp.) in the Ross Sea, 64/72 by the following RFMOs: North East RFMOs have undertaken a variety of measures areas are extremely vulnerable and require seas bottom fisheries; identify VMEs; and then 2008/2009. © A.D. Rogers Atlantic Fisheries Commission (NEAFC); to protect known or suspected VMEs within their protection”. (UNSG, 2006)1 assess whether deep-sea fisheries would have Northwest Atlantic Fisheries Organization Regulatory Areas. In some cases, technical “significant adverse impacts” on VMEs. The (NAFO); General Fisheries Commission for measures were adopted, such as the banning of As a result of a review by the UNGA regarding FAO Guidelines were adopted in August 2008. the Mediterranean (GFCM); South East gillnets below a certain depth or from the entire the effectiveness of the measures called for in Key elements of the Guidelines are contained in Atlantic Fisheries Organisation (SEAFO); and region because of the high risk of by-catch and Resolution 59/25, the UNGA called for a series Annex II of this report (FAO, 2009a). Commission for the Conservation of Antarctic ghost fishing (e.g. NEAFC, SEAFO, SPRFMO) or of specific actions to be taken by states and Marine Living Resources (CCAMLR). The report prohibiting of bottom trawling (CCAMLR). Most RFMOs in UNGA Resolution 61/105, adopted by In 2009, the UNGA determined that Resolution also reviews the interim measures adopted by RFMOs have adopted spatial conservation consensus in December 2006 (UNGA, 2007). 61/105 had not been implemented sufficiently. the states participating in the negotiation of measures to protect VMEs, although the extent Resolution 61/105 committed nations that As a result the General Assembly adopted the new North PacificF isheries Commission and of closures implemented by the authorise their vessels to engage in bottom additional provisions in Resolution 64/72 (NPFC), the South Pacific Regional Fisheries RFMOs varied (e.g. NEAFC, NAFO, SEAFO, GFCM fisheries on the high seas to take a series (UNGA, 2009). This resolution reaffirmed the Management Organisation (SPRFMO), and in the and, most recently, CCAMLR). Some have not of actions, outlined in Paragraph 83 of the 2006 resolution and made it clear that the Southern Indian Ocean. The review covers the closed all areas despite strong evidence of the resolution (see Annex I of this report). The four measures called for in Resolution 61/105 measures adopted both prior to and in response presence of VMEs (e.g. NEAFC) and some have main action points are summarised as follows. should be implemented, consistent with the to the 2006 UNGA resolution. The key findings closed very few areas despite evidence of wide- FAO Guidelines, by flag states and RFMOs prior of the report include the following. ranging destruction of VMEs by bottom fishing • Conduct assessments of whether bottom to allowing, or authorising, bottom fishing on and potential ecological consequences, not only fishing activities have significant adverse the high seas to proceed. Resolution 64/72 in terms of ecosystem function but also in terms impacts (SAIs) on VMEs. placed particular emphasis on conducting Conducting impact of loss of essential habitat for targeted • To ensure that if fishing activities have impact assessments of bottom fisheries on the assessments of individual by fisheries (e.g. GFCM). In most cases, significant adverse impacts they are managed high seas and called on states and RFMOs to bottom fishing activities closures have not been implemented because to prevent such impacts, including through “ensure that vessels do not engage in bottom The degree to which nations conducted impact the lack of information on deep-sea ecosystems 1. Paragraph 204: “Some States have undertaken, closing areas to bottom fishing where VMEs fishing until such assessments have been assessments varied widely. Despite the call has prevented RFMOs from identifying where or are in the process of are known or likely to occur, or they are not carried out”. Resolution 64/72 further called for from the UNGA for impact assessments for all VMEs exist and scientific information on where undertaking, extensive authorised to proceed. stock assessments and conservation measures bottom fisheries in the high seas, some RFMOs some VME types (e.g. stony corals) are likely efforts to protect some fishery habitat areas • To establish and implement protocols to cease to ensure the long-term sustainability of deep- have had no Contracting Parties conduct impact to occur has not been used. There is also within their national fishing where an encounter with VMEs occurs sea stocks and non-target species, and assessments (e.g. NEAFC, NAFO), while in other evidence that some RFMOs have limited their jurisdiction, in particular during fishing activities, and to report such the rebuilding of depleted fish stocks (UNGA, areas all Contracting Parties have submitted interpretation of which species can form VMEs through the establishment of protected areas. encounters so that appropriate measures can 2009: Paras 119–120). Key paragraphs of both impact assessments (e.g. CCAMLR, NPFC), (e.g. only corals or sponges; NEAFC, NPFC) or However, this is not the be adopted with respect to that site. resolutions are contained in Annexes I and III of or some Contracting Parties have conducted what structurally constitutes a VME (e.g. only case on the high seas, though deep-sea habitats • To implement measures in accordance with this report. impact assessments (e.g. SPRFMO). The impact areas where a very high density of individuals in these areas are the precautionary approach, ecosystems assessments undertaken also varied in their on the seabed are recognised as VMEs; NPFC). extremely vulnerable and approaches and international law, and to A comprehensive review of the extent to which scope. In some cases, Contracting Parties In most cases, this likely reflects the use of require protection.” sustainably manage deep-sea fish stocks. RFMOs and states have been implementing the conducted full risk assessments that included the few example VMEs referred to in the UNGA

2 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 3 resolutions and FAO Guidelines rather than have collapsed to the point where they have Encounter rules exclusion zone for the fishing vessel, could be being based on a scientific assessment of the become threatened with local extirpation or The requirement to establish rules to ensure as far as 10nm from the actual VME. It is also full range of types of VMEs that may be found extinction under IUCN Red List criteria. In many that fishing ceases when potential VMEs are questionable whether a 2nm move-on rule is within a specific geographic area (FAO, 2009a). cases, little action has been taken to manage encountered is a complex area of the UNGA effective for passive fishing gears, such as long- by-catch species with a low productivity, although resolutions. Implementation of these rules lines, where the gear may be up to 20km long, exceptions include skates, rays and grenadiers is particularly problematic for deep-water although a better idea of encounter position Sustainably managing in and the banning of gillnets by regions of the high seas where there are few can be attained by recording which VME species deep-sea fish stocks several RFMOs, which are associated with high data available on benthic ecosystems and the were caught on which segments of the gear and For most of the target and by-catch species by-catch of species like sharks. For several interactions between bottom fishing gear and then estimating the area of encounter on the taken in deep-sea bottom fisheries on the of the RFMOs reviewed, there was evidence VMEs. Encounter protocols have been generally seabed from the position of deployment. Several high seas, there is insufficient information on from observer information and catch data implemented as move-on rules, whereby, at a RFMOs (e.g. NEAFC, NAFO) also use move-on the biology, life history, fishing mortality and from scientific advisory bodies to RFMOs, of threshold weight of by-catch of VME-associated rules that differentiate between fished and non- geographic range of stocks of these species. significant levels of misreporting, under-reporting species in a single trawl tow or set of static fished areas. This is inconsistent with Paragraph This information is crucial for evaluating stock or non-reporting of catch, particularly of by-catch fishing gear, a vessel moves away from the area 23 of the FAO Guidelines, which requires status, sustainable harvest levels and biological species, in the deep-sea fisheries. For the other and reports the encounter. In some cases, the that deep-sea fisheries should be rigorously reference points for each population. In the RFMOs the extent of reporting of catches is diversity of VME-associated species is also managed throughout all stages of their absence of such data it is important that unknown. Accurate reporting of catches of target taken into account. development, including experimental, exploratory the precautionary principle is applied in the and by-catch species is required to assess and established phases. management of deep-sea fish stocks. Instead, fishing mortality on populations and, without A number of significant problems with move-on the report found evidence that many deep-sea such data, formulation of management plans rules were identified in the present report. For The following table (see page 6) provides fish stocks were not subject to assessment that ensure sustainable levels of exploitation many RFMOs, move-on rules for VME encounters an overview of actions taken, or not taken, or long-term management plans. Furthermore, are extremely difficult. apply to only a limited number of VME-related by existing and incipient RFMOs in relation where specific management advice was species, despite scientific evidence of and, to the key actions called for in the 2006 provided by scientists or scientific bodies (e.g. For most areas, with the possible exception of sometimes, specific advice by scientific bodies UNGA Resolution 61/105 and reinforced the International Council for Exploration of the the Southern Ocean, most of these deep-sea on the presence of, various types of VMEs within by Resolution 64/72. Sea [ICES]), total allowable catches (TACs) set fisheries are also not regulated sufficiently to RFMO Regulatory Areas. This has resulted from by RFMOs or states often exceeded advice, ensure sustainable levels of exploitation of RFMOs using only the example VMEs mentioned even where there was a significant possibility target species or mortality of non-target in UNGA Resolution 61/105 and the FAO Summary of the findings of overfishing or collapse of a fish stock. The by-catch species. Fishery management plans Guidelines or from simply using move-on rules of the report on the high biodiversity of high seas fish communities for deep-sea fisheries in high seas areas and developed by other RFMOs without considering implementation of UNGA means that by-catch in many high seas fisheries the establishment of biological reference points the specific biogeography or biodiversity within resolutions and FAO forms a significant proportion of overall catch. aimed at ensuring the long-term sustainability of a region. Further, the threshold by-catch weights Guidelines by RFMOs In some cases, populations of by-catch species deep-sea fisheries are rare. that trigger move-on rules are set at such a high The table shows a selection of managed and level by many RFMOs that they are unlikely to unmanaged stocks of target and by-catch result in triggering the action to cease fishing in species (the list is not necessarily complete the vicinity of a VME, nor to report the presence for unmanaged stocks). It also shows whether of a VME to the responsible management scientific recommendations have been followed authority. Many RFMOs are also using the same by RFMOs in setting sustainable harvest levels threshold levels for different kinds of fishing of target and by-catch species, whether or not gear and for different kinds of organisms. These there is evidence of non-reporting or misreporting practices fail to take into account the different of catches and information on closed areas, and impacts of active and passive fishing gear, the application of the move-on rule. Whether nor the different vulnerability and likelihood or not Contracting Parties have submitted of retention of different VME species when environmental impact assessments for fisheries impacted by fishing gear. In most cases, this has also been included. Note: A managed Mediterranean is likely to lead to underestimation of VME fishery is one where reliable catch data have roughy (Hoplostethus encounters. Many RFMO encounter rules require been collected in recent years (last five years) mediterraneus), over coral a vessel to move two nautical miles (nm) when and preferably where there has been fisheries- garden habitat mainly a threshold weight of VME organisms is caught independent scientific assessment of stock comprising Acanthogorgia as by-catch. This is likely to be ineffective as status. On the basis of these data, harvest and hirsuta, Faial Island, a conservation measure for mobile fishing management plans have been developed by Azores, North Atlantic, gears with long tow times as it is impossible to fisheries scientists to determine AT Cs appropriate 350m depth identify where a VME encounter occurs along to maintain the long-term sustainability of the (© A.D. Rogers and a tow using commercial bottom trawl gear fishery. In some cases, where data are not Rebikoff Foundation.) (commercial trawl tows are up to 20nm long). In available, precautionary TACs have been set. this case the mid-point of the tow, usually the These cases are denoted with a ‘*’ symbol. point used as the centre of the 2nm temporary

4 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 5 Deep-water species Deep-water species not managed TACs fall within Evidence of Closure of areas to Closures for Move-on rule Threshold Environmental managed scientific misreporting protect VMEs other reasons impact recommendations of catches assessments of or catches fisheries being unreported Coral (kg) Sponge (kg) NEAFC Hoplostethus atlanticus; Alepocephalus bairdii; A. rostratus; No. Examples: Yes NEAFC Yes >10 Yes Yes 60 800 No Micromesistius poutassou; silus; Beryx spp.; Brosme brosme; Hoplostethus Sebastes mentella affinis; Chimaera monstrosa; Coryphaenoides atlanticus; Sebastes rupestris; Epigonus telescopes; Helicolenus mentella dactylopterus; Hydrolagus spp.; Lepidopus caudatus; Macrourus berglax; Molva molva; Phycis blennoides; Polyprion americanus; sharks 2 NAFO Pandalus spp.; Penaeus Anarhichas lupus; Anarhichas minor; Anarhichas No. Examples: Yes NAFO Yes >10 No Yes 60 800 No spp.; Rajidae; Reinhardtius denticulatus; Antimora rostrata; Chimaeridae; Sebastes spp. and hippoglossoides; Sebastes Coryphaenoides rupestris; Macrourus berglax; skates spp.; Urophycis tenuis sharks

GFCM Aristeus antennatus; Sharks; others not known Not identified in Unknown GFCM Yes No No N/A N/A No Merluccius merluccius; current report <5 but fishing banned Nephrops norvegicus; below 1000m depth Parapenaeus longirostris SEAFO Beryx spp.*; Chaceon Not Known Unknown Unknown SEAFO Yes >10 No Yes 60 800 No spp.*; Dissostichus eleginoides*; Hoplostethus atlanticus*; Pseudopentaceros richardsoni*; sharks*

NPFC None verrucosus; Beryx decadactylus; Beryx No. Example: Beryx Yes NPFC No Yes. (Spatial Yes 50 N/A Yes splendens; Chaceon spp.; Chioniocetes tanneri; splendens measures for Corallium spp.; Coryphaenoides spp.; Epigonus alfonsino) denticulatus; Erilepis zonifera; Helicolenus spp., Lepidocybium flavobrunneum; Paralomisspp. ; Physiculus spp.; Pseudopentaceros wheeleri; sharks; Zenopsis nebulosa; and many other species

SPRFMO None Allocyttus niger; Allocyttus verrucosus; Beryx Not identified in Unknown SPRFMO No, but note that New No Yes 30 (New 50 (New Yes spp.; Caprodon longimanus; Centroberyx current report Zealand has closed Zealand) Zealand) affinis; Dissostichus eleginoides; Epigonus areas to its vessels 100 (Spain) 1000 (Spain) spp.; ; Etelis carbunculus; Etelis coruscans; Helicolenus spp.; Hoplostethus atlanticus; spp.; Macrouridae; Micromesistius australis; Mora moro; Nemadactylus spp.; Neocyttus rhomboidalis; Paristiopterus labiosus; richardsoni; Pentaceros japonica Polyprion oxygeneios, Polyprion americanus; Pseudocyttus maculatus;Rexea spp.; Seriola lalandi; sharks

SIOFA None Beryx decadactylus; Beryx splendens; N/A Unknown SWIO Yes Yes No N/A N/A No (South Epigonus spp.; Hoplostethus atlanticus; Indian Pseudopentaceros richardsoni; Plagiogeneion Ocean rubiginosum. Fisheries All other low-productivity deep-sea species Agreement) taken as catch or by-catch

CCAMLR Champsocephalus gunnari; Antimora rostrata and other species Yes No CCAMLR Yes Yes Yes 10 10 Yes Dissostichus eleginoides; Dissostichus mawsoni; Macrouridae; Rajiformes

2 Note that many of these species are listed as “regulated” by NEAFC but are only covered by general measures to reduce effort on deep-sea fisheries (NEAFC, 2010a). These measures have not been effective at reducing catches of deep-sea species collectively and do not represent effective management of individual species (see main report).

6 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 7 Recommendations To establish and implement protocols species should be assessed to determine The following are a set of recommendations for improving the to cease fishing where an encounter whether there are SAIs on population viability. implementation of UNGA Resolutions 61/105 and 64/72 by RFMOs and with VMEs occurs during fishing Where such impacts take place, management flag states, including in regions where RFMOs are under negotiation or activities, and to report such measures should be applied to ensure the have not yet been established. These are organised to reflect the four key encounters so that appropriate long-term sustainability of populations of non- measures can be adopted with target species. requirements of the resolutions. respect to that site • Scientific recommendations on annual • The trigger thresholds for encounter rules catches and other measures to ensure the should be based on rigorous scientific sustainability of target and by-catch species Conduct assessments of whether will not produce SAIs on VMEs, fishing analyses of relationships between should be adopted by RFMOs and states bottom fishing activities have should be prohibited, particularly in respect by-catch and the presence of VMEs within unless a clear case can be made that the significant adverse impacts on VMEs of bottom trawl fisheries, in accordance the geographic region in which bottom fishing information on which such decisions were • A standard for assessments of deep-sea with the precautionary approach, especially activites take place. Such analyses can be based is inaccurate. This is likely to occur bottom fisheries on the high seas should where knowledge of deep-sea ecosystems is undertaken on fisheries-independent catch when new information becomes available. be developed with participation of fisheries deficient. data or on fisheries data in combination In situations where there is a dispute managers, the industry and scientists. • All areas where VMEs are known or likely with scientific surveys or other information. over scientific information or advice, the Examples of comprehensive assessments to occur should be closed to bottom Thresholds should be specific to particular precautionary approach should be adopted exist (e.g. New Zealand assessments for fishing with immediate effect, unless or groups or size-classes of organisms and to when making management recommendations CCAMLR and SPRFMO) and can be built upon. until an assessment has determined that the fishing gear and methods used. for a stock. • Part of any assessment should include management measures for fisheries in these • Evidence of by-catches of VME indicator • High seas fisheries taking low-productivity consideration of which VMEs are present areas would not result in SAIs to VMEs. species at levels indicated by scientists to species (either as targeted catch or as within the geographic region in which fishing • States should implement measures sufficient represent a likely encounter with a VME should by-catch), where the long-term sustainability of activities occur or will occur in accordance to protect VMEs, even where an RFMO fails to trigger an immediate (and at least temporary) the target species or viability of populations with the FAO Guidelines. These should include adopt sufficient measures, e.g. if the decision- cessation of fishing and closure of the area of non-target species cannot be ensured fragile habitats with a low resilience to fishing making structure of an RFMO has allowed until an assessment of the area has been through management plans based on sound impacts and biologically significant areas, one or more Contracting Parties to block the conducted and a determination has been scientific assessment of the state of stocks or such as spawning grounds and threatened adoption of measures necessary to effectively made as to whether fishing can be resumed in populations, should be closed. Such fisheries or endangered species. Such data are often implement UNGA Resolutions 61/105 and the area without SAIs on VMEs. should remain closed until management unavailable for deep-sea ecosystems so this 64/72, the other Contracting Parties should • Move-on rules should ensure that subsequent plans are in place and can ensure, with a may require investment in new research and/ nonetheless establish measures to regulate to an encounter there is no risk of SAIs high degree of confidence and taking into or synthesis of existing data. their high seas fleets to ensure the full occurring on identified VMEs as a result of account any uncertainties with regard to data • States whose vessels engage in bottom and effective implementation of the UNGA continuing fishing activities.M ove-on distances or other information, that such fisheries are fisheries on the high seas should perform resolutions. should reflect the accuracy with which the sustainable and consistent with ecosystem- impact assessments consistent with • The widespread deep-sea bottom fisheries location of a VME has been identified. based and precautionary approaches. the criteria agreed in the FAO Guidelines on the high seas in the 1960s to 1990s • All deep-sea bottom fisheries operating on the (paragraphs 47, 42, 17–20) as a precondition have impacted on a large area of the seabed high seas should ensure that data on catches, to further authorising bottom fishing in areas likely to be suitable for the occurrence of To implement measures in utilised by-catch and discards are collected that have been historically fished as well as VMEs. The species diversity of many such accordance with the precautionary accurately and to the species level. Where those where exploratory fishing activities are ecosystems is unknown, as is the capacity for approach, ecosystems approaches there are issues of species identification proposed. recovery. Where there is a history of bottom and international law, and to then by-catch should be retained for expert fishing on the high seas then, at a minimum, sustainably manage deep-sea fish identification on land or observers with the states and RFMOs should establish closures stocks expertise to accurately evaluate catch should To ensure that if fishing activities of representative sites in historically fished • The fish stocks targeted by deep-sea bottom be carried. have significant adverse impacts areas where VMEs are likely to have previously fisheries should be subject to scientific • Where misreporting is suspected, systems they are managed to prevent such occurred, to allow for recovery or regeneration assessment of status at a minimum of every that ensure correct reporting of catches impacts, including through closing of degraded areas. five years or more frequently where scientists should be implemented. areas to bottom fishing where VMEs • All closures of areas of seabed to bottom and managers consider it appropriate. • In regions where there are few data, are known or likely to occur, or they fishing should be considered within the Based on such assessments, TACs should collaborative programmes between managers, are not authorised to proceed framework of a network of protected areas, be determined that ensure long-term scientists and industry should be established • Where impact assessments cannot make with clear objectives in terms of conservation sustainability. to help with identification of catch and by-catch a clear determination that bottom fishing and/or fisheries management. • The impact of fishing mortality on by-catch species.

8 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 9 ecosystems in general, potentially including organisations (RFMOs) to regulate high seas coral, sponge and other communities that form bottom fisheries through conducting impact Introduction VMEs, and individual species, especially if they assessments to determine whether SAIs on influence food webs within such habitats (Clark VMEs would occur. Furthermore, the resolution & Koslow, 2007; DeVries et al., 2007). Offal calls on high seas fishing nations to close areas The protection of biodiversity in the deep-sea in areas beyond national jurisdiction from hoki fisheries off New Zealand has been of the high seas to bottom fishing where VMEs has been extensively debated by the United Nations General Assembly (UNGA) observed to alter oxygen concentrations at were known or likely to occur unless such fishing and other international fora. The United Nations Food and Agriculture Organization depths as great as 800 metres (m) and change could be managed to prevent SAIs on VMEs. (UN FAO), in 2008, published a report that estimated the total global catch in the composition of the benthic community there The resolution also called for high seas bottom (Clark & Koslow, 2007). The removal of Antarctic fisheries to be managed to ensure the long-term high seas bottom fisheries in 2006 was some 250,000 tonnes, representing 0.3% toothfish (Dissostichus mawsoni) from the Ross sustainability of deep-sea fish stocks targeted of the marine capture fisheries worldwide (Benschet al., 2008). The value of the Sea by deep-sea fishing has been implicated or otherwise impacted, e.g. caught as by-catch high seas bottom catch in 2006 was estimated at approximately $450 million US in local/regional declines in the abundance of (UNGA, 2007: Paras 80–91). Since 2006, a dollars or €360 million euros. Of this amount, approximately 105,000t were caught predators such as killer whales (DeVries et al., number of states and RFMOs, including those 2007). involved in high seas bottom fisheries in the in high seas bottom fisheries in the North Atlantic in 2006. North Atlantic, northwest Pacific, South Pacific Observations of significant adverse impacts and Southern Ocean have adopted framework (SAIs) of fishing on deep-water coral agreements to implement UNGA Resolution The UN FAO report (Bensch et al., 2008) also Hall-Spencer et al., 2002; Fosså et al., 2002; communities have been widely reported in all 61/105. estimated that 285 vessels flagged to 27 Anderson & Clark, 2003; Clark & O’Driscoll, oceans, including especially the northeastern countries engaged in high seas bottom fisheries 2003; Freiwald et al., 2004; Ardron, 2005; (Hall-Spencer et al., 2002; Fosså et al., 2002; Subsequent to the adoption of the UNGA in 2006, though many of the vessels were only Gass & Willison, 2005; Mortensen et al., 2005; Wheeler et al., 2005) and northwestern resolution, the UN FAO hosted a series of involved in bottom fishing on the high seas on Shester & Ayers, 2005; Stone, 2006; Clark & Atlantic (Mortensen et al., 2005; Edinger et al., consultations and negotiations to draft a set a part-time basis. Of this number, 80 percent Koslow, 2007; Edinger et al., 2007a; Althaus et 2007a), and the northeastern (Stone, 2006; of guidelines for the implementation of UNGA were flagged to only 10 states: Spain, Republic al., 2009; Clark & Rowden, 2009). Such work Krieger, 1998, 2001; Stone et al., 2005) and Resolution 61/105. The UN FAO International of Korea, New Zealand, Russia, , Japan, has demonstrated that bottom fishing damages southwestern Pacific (Koslow & Gowlett-Holmes, Guidelines for the Management of Deep-Sea , Portugal, Belize and Estonia. Over or destroys long-lived epifaunal such 1998; Koslow et al., 2001; Clark & O’Driscoll, Fisheries in the High Seas (FAO Guidelines), one-third were flagged to European Union (EU) as corals, reducing the three-dimensional 2003; Rowden et al., 2004; Althaus et al., 2009; adopted by member countries of the UN FAO in countries and the EU fleet took one-half or more complexity of the seabed and leading to Clark & Rowden, 2009), but recovery of deep- 2008, sought to elaborate science-based criteria of the total high seas catch, mostly through decreased species diversity and faunal biomass sea ecosystems from the mechanical impacts to identify VMEs, conduct impact assessments bottom trawling. The EU plays an even more (Koslow et al., 2001; Reed et al., 2005; Stone, of bottom fishing has been poorly studied. of bottom fisheries on the high seas, and significant role in high seas bottom fishing within 2006; Althaus et al., 2009; Clark & Rowden, However, it is likely that such ecosystems will determine whether “significant adverse impacts” some geographic regions. For example, the EU 2009). Bottom trawling is likely to have the most only recover very slowly, if at all, as habitat- to such ecosystems would occur (FAO, 2009a). fleet is responsible for approximately 80 percent serious adverse impacts on vulnerable deep-sea forming corals have slow growth rates, especially of the catch in high seas bottom fisheries in the benthic species, given the size and weight of some Antipatharia and Octocorallia (Roark et In 2009, the UNGA reviewed the implementation northwest Atlantic and 95 percent of the catch bottom trawl gear, the scale of the seabed area al., 2006, 2009; Sherwood & Edinger, 2009), of Resolution 61/105, adopted in 2006. in the northeast Atlantic. Most high seas bottom impacted by bottom trawl tows, and the fact and the coral habitat itself may have taken Recognising that the implementation of fishing is done by bottom trawl vessels. The that it is the dominant method of bottom fishing thousands of years to develop (Hall-Spencer et the resolution was insufficient, the General conclusions of the UN FAO report were similar to for deep-sea species on the high seas (Gianni, al., 2002). In some areas impacted by trawling, Assembly adopted Resolution 64/72 (UNGA, the findings of an earlier study published by the 2004; Friewald et al., 2004; Davies et al., 2007; there have been observations of the occurrence 2009). This resolution reaffirmed the 2006 International Union for Conservation of Nature WGDEC, 2008). However, such effects arise not on the seabed of stylasterid corals, potentially resolution and made it clear that the measures (IUCN) in 2004. only from bottom trawling but from all bottom- indicating that these are capable either of called for in Resolution 61/105 should be contact fishing methods, including benthic surviving trawling impacts or of colonising areas implemented consistent with the FAO Guidelines Deep-sea bottom fisheries have significant longlines, gillnets and pots (e.g. Stone, 2006; of rock relatively quickly after disturbance (Clark by flag states and RFMOs prior to allowing, impacts on deep-sea communities formed by Edinger et al., 2007a; FAO, 2008). The intensity & Rowden, 2009). However, in many cases or authorising, bottom fishing on the high emergent epifaunal animals such as corals of impact differs between gears and can be no recovery of seabed ecosystems has been seas. Resolution 64/72 places particular and sponges. Relevant studies have included influenced by fishing practices (WGDEC, 2006; observed even many years after fishing impacts emphasis on conducting impact assessments comparisons between adjacent-fished versus FAO, 2008). (Waller et al., 2007; Althaus et al., 2009). of bottom fisheries on the high seas and calls unfished areas using seafloor observations with on states and RFMOs to “ensure that vessels towed cameras; observations of fishing impacts Vulnerable marine ecosystems (VMEs) on the The UNGA adopted Resolutions 59/25 and do not engage in bottom fishing until such with submersibles or remotely operated vehicles sea bottom may also be susceptible to the 61/105 in 2004 and 2006, respectively, to assessments have been carried out”. Resolution (ROVs); acoustic imaging of the seafloor; direct and indirect effects of increased sediment address international concerns regarding the 64/72 further calls for stock assessments and sampling of seabed communities in impacted load in the water overlying the seabed that can adverse impacts of deep-sea fisheries on VMEs conservation measures to ensure the long-term versus non-impacted areas; and documenting smother live colonies or bury hard substrata and individual species, including targeted and sustainability of deep-sea fish stocks and non- by-catch of benthic invertebrates in fishing gear required for settlement of larvae. Removal of non-targeted fish, in the deep sea (UNGA, 2004, target species, and the rebuilding of depleted (Koslow & Gowlett-Holmes, 1998; Rogers, 1999; target fish species and the dumping of 2007). The latter of the two resolutions called fish stocks (UNGA, 2009: Paras 119–120). Roberts et al., 2000, 2009; Koslow et al., 2001; by-catch or offal from fish processing can impact on states and regional fisheries management

10 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 11 The present report reviews the regulations Note that the European Commission has adopted by the RFMOs with responsibility also implemented UNGA Resolution 61/105 for the management of deep-sea bottom through Regulation 734/2008, which requires Methods fisheries on the high seas in the North Atlantic, all European states operating deep-sea bottom Mediterranean, southeast Atlantic, North Pacific, fisheries outside areas where competent RFMOs This report reviews the implementation of UNGA Resolutions 59/25, 61/105 South Pacific and the Southern Ocean. The exist to undertake impact assessments of those and 64/72 (UNGA, 2004, 2007, 2009) with respect to deep-sea bottom fisheries southwest Indian Ocean has also been included fisheries or not to issue licences for such fishing as an agreement to establish an RFMO has activities. An assessment has been undertaken in the high seas, mainly by RFMOs but also by individual flag states. Here, been adopted but is not yet in force, while of deep-sea bottom fisheries by Spain for the interpretation of the requirements of Resolutions 61/105 and 64/72 has been several high seas deep-water fishing companies southwest Atlantic but this was not available in largely based on the UN FAO International Guidelines for the Management of Deep- have undertaken voluntary conservation a form suitable for analysis by the authors in Sea Fisheries in the High Seas (FAO, 2009a). The FAO Guidelines were developed measures within the region to protect deep- the present report. Both Spain and New Zealand sea ecosystems. The report includes a set of undertook assessments for fisheries in the as practical guidance on what was required to enable fisheries managers to develop recommendations on further actions needed by South Pacific and these have been analysed sustainable ecosystem-based deep-sea fisheries on the high seas in accordance both RFMOs and states to ensure the effective under the section of this report on the South with international law and agreements related to fisheries, as directed by the UNGA management of bottom fisheries on the high Pacific Ocean. resolutions. The FAO Guidelines were produced through a series of international seas so as to protect deep-sea ecosystems and workshops of experts, including scientists, fisheries managers and representatives ensure the long-term sustainability of deep-sea fish stocks and species. of the fishing industry, and were agreed by Member States of the UN FAO Committee on Fisheries in 2008/09 and endorsed by the UNGA in 2009.

To review the implementation of UNGA practices to detect and subsequently protect resolutions by RFMOs and flag states in respect previously unidentified VMEs encountered of management of deep-sea bottom fisheries on during the course of fishing. the high seas, this report focused on five main 5. The development of impact assessments by areas. states for their deep-water high seas fisheries in order to achieve sustainable ecosystem- 1. Development of assessment and based management. management regimes which ensure that harvest levels for target species of deep- Thus the present report reviews progress in sea fish characterised by low productivity the implementation of all aspects of the UNGA are sustainable in the long term. Here, we resolutions. define a managed fishery as one where reliable catch data have been collected in To achieve this review it was necessary to recent years (last five years) and where there identify which species of fish were categorised has been a scientific assessment of stock as having a low productivity and which were status. Ideally, such assessments should vulnerable to overfishing in the areas of the be undertaken with fisheries-independent high seas regulated by RFMOs. Typically, these data. On the basis of these data, harvest were species that exhibit low rates of growth, and management plans have been developed high longevity and low levels of fecundity and to determine Total Allowable Catches (TACs) which may aggregate during periods of spawning, and biological reference points appropriate to rendering them vulnerable to high levels of maintaining the long-term sustainability fishing pressure. It was also necessary to of fished populations. identify which by-catch species showed a high 2. Development of assessment and vulnerability to overfishing or damage by bottom management regimes that ensure that fisheries as well as a low capacity for recovery by-catch of non-target species of fish and following impact (low resilience). This required other marine organisms are not a threat to study of peer-reviewed scientific literature, the viability of populations, nor to biodiversity. the work of scientific advisory bodies to state Stylasterid or hydrocoral, Thus, harvest and management plans for governments and RFMOs, and analyses of data Faial Island, Azores, 350- deep-sea high seas fisheries must ensure the presented by RFMOs themselves in annual 500m depth (© A.D. long-term survival of populations and species reports or the reports of RFMO committees. Rogers and the Rebikoff within the regulated area. Foundation). 3. Protection of known or recently identified Once low-productivity or vulnerable species VMEs, and areas where VMEs are likely to were identified, all the information pertaining to occur. the management, catch levels and population 4. The development of management tools and size of each species was reviewed. Data were

12 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 13 obtained through RFMO annual and committee regulations were scrutinised for details of move- NorthEast Atlantic Ocean This assertion has been questioned in a recent reports, reports from other sources (e.g. on rules and threshold levels. The Northeast Atlantic Ocean (Fig. 1) is review of management by NEAFC, which called non-peer-reviewed scientific reports, reports important in terms of fisheries production, for verification of low levels of by-catch through from governmental and non-governmental Finally, the UNGA resolutions and FAO Guidelines with catches of 9.1 million tonnes of fish scientific studies, so that a full understanding of organisations) and peer-reviewed scientific require the performance of impact assessments recorded for 2006 (FAO, 2009b). The North the ecosystem-level impacts of these fisheries literature. Based on a synthesis of all literature for deep-sea fisheries. In the present report, East Atlantic Fisheries Commission (NEAFC) is can be reached (Arbuckle et al., 2008). In sources, it was determined whether fisheries it was identified whether or not states had the competent RFMO in this area. addition, there are fisheries for a variety of were or were not being managed to ensure long- carried out such impact assessments. If such demersal species, including cod, haddock, hake term sustainability in populations of target or assessments had been carried out then their The four main fisheries under regulation by and others that take place both within EU waters non-target species taken in individual fisheries. content was compared to the requirements NEAFC are spring-spawning herring (Clupea and outside waters under national jurisdiction. of RFMOs, as several have requested harengus), mackerel (Scomber scombrus), While all are high-productivity fish species, they To identify whether or not action had been taken specific information to be contained in such blue whiting (Micromesistius poutassou) and are fished using bottom-contact fishing gear that to protect known VMEs, all literature relating to assessments, as well as the FAO Guidelines. pelagic redfish(Sebastes mentella). Of these has the potential to impact on VMEs associated the distribution of VMEs, particularly cold-water species, blue whiting and pelagic redfish are with the seabed. In particular, the haddock coral reefs, coral gardens and sponge grounds, In compiling the present report, we encountered found in deep water, with the former classed as fishery on the Rockall Bank has been identified was reviewed and the occurrence of these limitations to our assessments. The lack of mesopelagic at depths between 30–400m and as having the potential to impact populations ecosystems identified in the high seas. This was availability of data on the catch and by-catch the latter as benthic or bathypelagic at depths of by-catch fish species as well as benthic possible for the northeastern and northwestern of deep-sea fisheries at high spatial resolution between 300 and >1,440m (Whitehead et al., communities (Arbuckle et al., 2008). Finally, Atlantic but was difficult for many other regions was a significant barrier to understanding 1986; http://www.fishbase.org). These fisheries there are a variety of deep-sea species of fish of the world’s oceans and seas, where levels of the impacts of fishing on target and non- make up a catch of < 4 million tonnes in the that are exploited in the region using a variety of scientific knowledge on the seabed fauna are target populations of fish and other species. northeast Atlantic of which approximately one different types of gear, including bottom trawls, poor. All sources of literature were reviewed, In addition, data for by-catch were often not million tonnes, worth in the region of US$236 longlines, gillnets and pots. especially peer-reviewed scientific literature and available for individual species but rather were million or some €190 million, were reported as reports of scientific advisory bodies to state aggregated by (e.g. Sebastes spp.) or caught in the Regulatory Area (NEAFC high seas Management of fisheries for deep-sea governments and RFMOs, but also RFMO reports taxonomic group such as ‘skates’ or ‘sharks. areas) in 2005 (Arbuckle et al., 2008; NEAFC species of low productivity and reports from other sources. Progress of In some instances there was also evidence press release, 2009). These fisheries are mainly individual RFMOs in the protection of known VME of non-reporting or misreporting of catches of pelagic and NEAFC states that they are relatively Pelagic redfish Sebastes( mentella) localities using site-specific (e.g. establishment deep sea species, which is a significant problem clean (i.e. catches are close to 100 percent Whether or not pelagic redfish fall within the of protected areas) or activity-specific (e.g. when assessing the effects of harvesting on target species) and do not impact on the seabed. remit of the FAO Guidelines has not been banning of gillnets) measures were also exploited fish stocks. For many regions of the reviewed. deep-sea, fisheries are exploiting stocks in areas where there is limited or no knowledge of the Figure 1. Measures to identify and report previously occurrence or extent of distribution of VMEs. The NEAFC unidentified VMEs during fishing operations and This is particularly the case for waters that are Regulatory to subsequently act to protect such VMEs from a long distance from developed countries, such Area (NEAFC, fisheries impacts were also reviewed for each as the southern Indian Ocean or large parts of 2009). RFMO. In particular, attention was paid to the the Pacific Ocean. In such cases, it is almost design of move-on rules and the thresholds of impossible, given the current state of knowledge, by-catch of VME species. Here, the aim was to to identify where fisheries may impact VMEs or determine whether or not the threshold levels populations of by-catch species. The problem of by-catch were based on sound scientific of a lack of baseline knowledge on the diversity analyses or previous experience within fisheries and distribution of species across large parts of and to determine whether they would be likely the world’s oceans cannot be over-emphasised to trigger management responses to protect in the context of sustainable ecosystem-based VMEs, if present. This represents one of the management of fisheries. complex areas of the UNGA resolutions and FAO Guidelines and it required detailed analyses not Finally, the reader should be reminded that the only of individual RFMOs and the ecosystems report only covers geographic areas in which within regions but also the comparison of high seas deep-sea fisheries are regulated by practices across RFMOs or what is known about RFMOs or areas where agreements (treaties) to VMEs across different geographic regions. establish RFMOs are either under negotiation Knowledge of the distribution and abundance of or have been adopted but have not yet entered species that comprise VMEs was gathered from into force. Deep-sea fisheries on the high the scientific peer-reviewed literature and from seas in many parts of the world’s oceans the reports of the scientific advisory bodies and that fall outside these geographic regions are committees of RFMOs and states. RFMO annual unmanaged, unless there is state regulation of and committee reports, recommendations and the activities of their flagged vessels.

14 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 15 addressed by NEAFC or states in the region, urgent requirement to resolve outstanding they should be closed to fishing. Currently, in These studies indicated spawning grounds for perhaps because it is assumed this is not a issues regarding stock structure by means Icelandic waters, spawning areas are closed but blue ling on the continental slope off western low-productivity species. However, S. mentella consistent with the precautionary principal so there is no TAC for blue ling and the increased Scotland and around the Hatton, Rockall and exhibits several features that suggest that it may that management for the species, regarded as effort from longline fishing targeted at this Rosemary Banks (ICES, 2007a; Fig. 3). In EU not be able to sustain the levels of exploitation vulnerable, could progress in a manner that species is contrary to ICES advice (WGDEEP, waters these spawning grounds have been possible for high-productivity species. These ensured sustainability (Arbuckle et al., 2008). 2009). Other spawning areas have also been protected from fishing during the spawning features include ovoviviparity (live bearing) and In addition, the report indicated significant identified in northern regions off the Norwegian period by specific fisheries measures. As yet, no a high longevity (ageing studies have indicated problems with catch data for pelagic redfish, continental slope (Storegga) and on the specific measures on the basis of this advice that adults were generally 65 years old, but with catches not always being reported, as well Reykjanes Ridge near the Icelandic EEZ (ICES, have come from NEAFC, despite the information ages up to 75 years were found; Campana et as inconsistencies in acoustic survey data for 2007a: Fig 2). In November 2009 NEAFC agreed having been available since 2007/08. However, al., 1990). The International Council for the the species resulting in uncertain estimates to close an identified area during the spawning the measures that extended the closures to Exploration of the Sea (ICES), a body of more of stock size (Arbuckle et al., 2008). Problems season where another spawning aggregation bottom trawling on Hatton Bank in 2007 and than 1,600 scientists from 200 institutes of reporting of catches of redfish were again exists for blue ling in the northern part of the 2008 include at least part of the putative from around the North Atlantic that is the discussed during the NEAFC Annual Meeting Mid-Atlantic Ridge, just south of the Icelandic spawning area for blue ling (NEAFC, 2006a, prime source of scientific advice on marine in 2009 (NEAFC, 2010a). EEZ (NEAFC, 2010a). This area is bounded by 2007a). The presence of a spawning ground is ecosystems and marine living resources in the following coordinates: viewed as a feature that identifies a geographic the region, ranked S. mentella highly on a area as a VME (FAO, 2009a: Para 42 [i]). scale of vulnerability for deep-sea species, Directed deep-water bottom fisheries 60°58’76 N – 27°27’32 W lying below roundnose grenadier and orange 60°56’02 N – 27°31’16 W Fishing on spawning aggregations may result roughy (the former species having a similar Ling (Molva molva) 60°59’76 N – 27°43’48 W in underestimation of stock trends and so any vulnerability score to S. mentella, the latter Ling are fished in deep water but are regarded 61°03’00 N – 27°39’41 W such analyses for blue ling require cautious having a considerably higher vulnerability score; as one of the less vulnerable species (ICES, interpretation (Arbuckle et al., 2008). Ageing is ICES, 2001; see also Koslow et al., 2000; 2008). Ling are mainly targeted by longline Blue ling has been important in by-catch from difficult in this species, making stock analysis WGEAFM, 2008a). ICES has advised that this fisheries within EEZs but some catches are from mixed deep-water trawl fisheries on the Hatton for management purposes problematic (WGDEEP, species is vulnerable to overfishing in the high seas areas, such as the western Rockall Bank (ICES, 2008). In other high seas areas, 2009). NEAFC Regulatory Area and the stock size at the Bank. The species are also taken by trawl such as in the Norwegian Sea and north of the present time is estimated to be low compared fisheries within the northeast Atlantic, mainly Azores, it is taken in small quantities. In the Tusk (Brosme brosme) to the early 1990s, although clear trends have as by-catch. Catch per unit effort (CPUE) data Hatton Bank area, CPUEs have been variable Genetic evidence suggests that it is likely not been apparent since 1999 (Arbuckle et al., from the fishery indicate a decline in catches but a dramatic reduction in catches occurred that tusk form several distinct stocks in the 2008). from the 1970s to 1990s and stocks remain at between 2002 and 2006. No catches were northeast Atlantic region and that stocks from a reduced level (ICES, 2008). There has been reported from this region in 2007 and 2008. the northwest Atlantic, Mid-Atlantic Ridge and Pelagic redfish are fished in two regions of limited provision of data from some of the major The main states involved in this fishery were Rockall should be treated as distinct (ICES, the NEAFC Regulatory Area: the Irminger Sea fisheries for this species in the NEAFC region. At Spain and France. Recently, results from the 2008; WGDEEP, 2009). Where there is a between east and Iceland, and the present, length and age data are inadequate for EU POORFISH, a project aimed at developing directed fishery, management is in place (e.g. Norwegian Sea. These fisheries occur both reliable age-based assessments of ling (WGDEEP, methods to provide advice on fisheries where Icelandic EEZ). However, in other areas there within Exclusive Economic Zones (EEZs) and 2009) and there are no data on discards of this data are poor, together with other information, is no species-specific management (e.g. ICES on the high seas. There has been substantial species in the northeast Atlantic. enabled ICES to advise NEAFC and the EU on Areas I and II, including the high seas areas disagreement on whether pelagic redfish form the likely presence of spawning aggregations of of the Banana Hole and Barents Sea). On the a single or multiple stocks in the Irminger Sea Blue ling (Molva dypterygia) blue ling in the Hatton and Rockall Bank areas. Mid-Atlantic Ridge tusk is taken as by-catch region, with objections to NEAFC’s management Fisheries for this species began around Iceland,

proposals arising mainly from Iceland and targeting spawning aggregations, but these were Used with the kind permission of the International Council for the Exploration of the Sea Russia (Arbuckle et al., 2008), and these depleted relatively quickly. The species is now continued through 2009 (NEAFC, 2010a). The taken mainly as by-catch in redfish and other 64° result has been that no management objectives fisheries, mostly within the Icelandic EEZ. Some or harvest controls (biological reference points) catches are from the high seas portion of the 63° have been set for the species (Arbuckle et al., Irminger Sea and Rockall and Hatton Banks. Known area 2008; NEAFC, 2009a). NEAFC has set overall In northern areas fishing has been mainly by

TACs for pelagic redfish but they have been bottom trawls, although the species is now 62° exceeded because of illegal, unreported and also targeted by longlines. Landings from high unregulated (IUU) fishing and as a result of seas areas have been very variable and little objections to management measures by coastal information is available on these (e.g. Spanish 61° Known area states (Arbuckle et al., 2008). Since 2002, this landings in 2003). ICES advised that there has meant that specific advice from ICES on should be no directed fisheries towards blue ling

TACs for pelagic redfish has not been agreed because the species is vulnerable to overfishing, 28° 26° 24° 22° 20° 18° 16° upon and catches have exceeded recommended especially when spawning aggregations are Figure 2. Blue ling: Spawning areas in the Icelandic EEZ Figure 3. Blue ling: Spawning areas identified in ICES limits (NEAFC, 2009a). The independent targeted (WGDEEP, 2009). It also advises that (WGDEEP, 2009). areas XII, VIb, VIb and V (ICES, 2007a). review of NEAFC concluded that there was an areas where spawning aggregations are present

16 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 17 from gillnet and longline fisheries. There does topographic features but spatial fisheries Mid-Atlantic Ridge, which in 2005 amounted to of populations. The stock structure of this not seem to be any specific management of the statistics are not available to enable such an about 2,000t (Shibanov & Vinnichenko, 2008). species is poorly understood and aspects of species in this region of the high seas and there approach. Despite continued advice that there ICES identifies roundnose grenadier as a low- reproductive biology are poorly known. It has are no clear trends in available catch data. The should be no fisheries directed at , productivity species and has recommended been recommended that no new stocks of Beryx same is true for Rockall, where tusk is also a NEAFC agreed both in 2008 and 2009 to allow restricted fishing with no further fisheries to spp. are exploited prior to assessments being by-catch species landed mainly by Norwegian a TAC of 150t for each Contracting Party (a be developed until it is shown that they are undertaken to determine sustainable levels of vessels. Length and age data are inadequate maximum of 750t) with no directed fishing in sustainable. NEAFC has initiated regulations to fishing (ICES, 2008). for aged-based population analyses (WGDEEP, ICES Sub-Areas V, VI and VII (NEAFC, 2010a). reduce effort in deep-water fisheries although 2009). The species is considered Threatened in these have been ineffective (see below); the Blackspot sea bream (Pagellus bogaraveo) the northwest Atlantic (COSEWIC, 2003). Roundnose grenadier (Coryphaenoides EU has established species-specific AT Cs for The species has been fished on the continental rupestris) this species in the northeastern Atlantic for its slope off the UK, France, Portugal and Spain, as Greater silver smelt (Argentina silus) In 2001 ICES ranked roundnose grenadier high vessels; NAFO has banned a directed fishery. well as the Azores. Stocks along the northern Silver smelt were taken as by-catch and on a scale of vulnerability for deep-sea species, There are age-based stock assessments for this European collapsed in the generally discarded up to 1996. Since 1997, lying below orange roughy (ICES, 2001). The species for some areas. Roundnose grenadier is 1980s following overfishing over at least a directed bottom trawl fishery has existed females mature at age 9–11 years and produce considered Endangered in the northwest Atlantic 10 years when the fishery was unmanaged. for this species, although it is also taken as a small number of large eggs (Kelly et al., (COSEWIC, 2008). Fisheries continue in other areas. It is by-catch in the redfish fisheries in the region. 1996), with large individuals making the largest speculated that the life history of this species (a ICES advised that greater silver smelt is a low- contribution to egg production (Alekseyev et al., Black scabbardfish(Aphanopus carbo) protandrous hermaphrodite) makes it vulnerable productivity species and that it can sustain 1992). This species is subject to a directed In the northern parts of the northeast Atlantic to overfishing as all large fish are female. There only low levels of exploitation (ICES, 2008). It trawl fishery west of the British Isles including this species has been targeted along the is evidence of population differentiation between also shows aggregating behavior increasing its around the Rockall and Hatton Banks and continental slope and off the Rockall and Hatton the European continental slope/shelf and the vulnerability to overfishing (ICES, 2008). Catches has been fished in the Skagerrak and on the Banks by bottom trawl fisheries. Further south, Mid-Atlantic Ridge (Stockley et al., 2005). have been very variable for this species along northern Mid-Atlantic Ridge. The Ridge fishery in areas such as the Azores, it is targeted by the continental slope west of the British Isles was closed to bottom trawling and static gear longline fisheries. In most areas, in the northern and Ireland, in the Norwegian Sea and around in 2007 (Shibanov & Vinnichenko, 2008). In part of the northeast Atlantic, stocks have Greater forkbeard (Phycis blennoides) the Faroes and Iceland. In some cases, there the western part of the northeast Atlantic it is shown significant declines in CPUE (to ~20 This species is mainly taken as by-catch in is evidence of overexploitation but in others suspected that landings in international waters percent of original CPUE estimates; WGDEEP, bottom trawl and longline fisheries throughout no evidence of significant decline is apparent; are unreported, especially in areas to the west 2009). ICES has recommended that catches be the northeast Atlantic region, along the catches seem to reflect market demand. Stock of the Hatton Bank where Spanish vessels have restricted to 50 percent of the level prior to the European continental slope, offshore banks structure in greater silver smelt has not been been operating. This is a concern as catches fishery expansion in 1992/93 in the northern and oceanic islands and the Mid-Atlantic Ridge. resolved and there is an urgent requirement for in this area have been high. In almost all these area and that no further fisheries be developed Trends in catches are unclear and vary markedly genetic studies to identify biologically relevant areas there have been indications of declining unless they can be proven sustainable (ICES, from area to area. In general, data on catches of management units. The greater silver smelt is stocks with major reductions in catches 2008). this species are not reliable as it is a by-catch often caught as by-catch in other fisheries and (WGDEEP, 2009). Virtual population analysis species and not always recorded and is also data on discards are lacking (ICES, 2008). Like of stocks, to the west of the UK and around It is suspected that this species undergoes confused in landing statistics with other species redfish, species ofA rgentina appear very similar the Faroes, indicates a significant decline in significant ontogenetic migrations over (hakes and morids), which it resembles. and confusion exists in regard to identification of roundnose grenadier (WGDEEP, 2009). Statistics considerable distances but further information smelts in the region. There have been no recent from the area to the west of the Hatton Bank is required on the reproductive and population Deep-sea sharks stock assessments. were not included in this analysis because biology of the species before this can be Sharks are low-productivity species as a result of their unreliability. It is also reported that confirmed. of life histories exhibiting low fecundity, slow Orange roughy (Hoplostethus atlanticus) numbers of large fish are declining, a concern rates of growth and a long time to maturity Orange roughy are recognised as a low- because of the large contribution to spawning Goldeneye perch (Beryx splendens and Beryx (ICES WGEF, 2007; Gibson et al., 2008). In the productivity species that aggregate at capacity in this species (Arbuckle et al., 2008; decadactylus) northeast Atlantic region, sharks are captured to spawn. Throughout the see also Kelly et al., 1997, for the Rockall These species are generally taken as by-catch in along the European continental shelf, including northeastern Atlantic this species has been Trough). the northeast Atlantic region, particularly along the Rockall and Hatton Banks, and on the targeted by fishing vessels when aggregations the Mid-Atlantic Ridge, on the high seas to the Mid-Atlantic Ridge. They have been targeted have been located and, in almost all cases, Fisheries on the Mid-Atlantic Ridge for north of the Azores EEZ. General trends are directly by gillnet and longline fisheries, make depletion of stocks has occurred (WGDEEP, roundnose grenadier commenced in the 1970s for a decline in catches. No assessments are up an important component of mixed deep- 2009). ICES recommends that no fisheries and were targeted at seamounts, using both available but there is concern about sequential water species fisheries (Hareide et al., 2004) be directed at this species as a result of pelagic and bottom trawls. From a peak catch of depletion of stocks and under-reporting of and are taken as by-catch, especially in hake its vulnerability (ICES, 2008). There are no 29,900t in 1975, the fishery has since declined catches from high seas areas (WGDEEP, 2009). and monkfish fisheries but also others. At stock assessments for orange roughy, but with the fall of the Soviet Union, although ICES has identified these species as being present, TACs are set by the EU for ‘deep- stock status is based on CPUEs that fluctuate sporadic fishing by various nations has taken highly vulnerable to trawl fisheries as a result of water sharks’ including Portuguese dogfish strongly, perhaps as a result of fishing being place since then. Roundnose grenadier is also their aggregating behaviour around seamounts, (Centroscymnus coelolepis), leafscale gulper targeted at spawning aggregations. It is likely taken as by-catch in orange roughy and blue ling the result of which may be that Beryx can only shark (Centrophorus squamosus), birdbeak that management should be directed at the fisheries in this area. There is insufficient data sustain low levels of exploitation. There are dogfish (Deania calceus), kitefin shark(Dalatias level of individual aggregations around specific on current exploitation of this species on the insufficient data for assessment of the status licha), greater lanternshark (Etmopterus

18 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 19 princeps), velvet belly (Etmopterus spinax), black scabbard fish (Lepidopus caudatus), deep-water The review of management of fisheries by NEAFC species that are of high or medium productivity, dogfish (Centroscyllium fabricii), gulper shark cardinalfish (Epigonus telescopus) and deep- (Arbuckle et al., 2008) identified that deep-sea catches of species around which there is (Centrophorus granulosus), blackmouth dogfish water red crab (Chaceon affinis). Some of these fisheries in the area were not subject to long- considerable concern, including blue ling, sharks (Galeus melastomus), mouse catshark (Galeus species appear to be showing marked declines term management objectives and therefore and argentines, have increased dramatically murinus), Iceland catshark (Apristurus spp.), in catch. All of these species are now listed as long-term management plans were not in place. (catches of orange roughy declined). Information rough longnose dogfish (Deania hystricosum) Regulated Species by NEAFC (NEAFC, 2009b) Some unilateral and multilateral agreements on whether these catches are from high seas and arrowhead dogfish(Deania profundorum). but there appears to be no specific management had been initiated for some species/fisheries. areas or not is difficult to ascertain, as are the For the majority of these species, fisheries in place for them on the high seas other than It was also concluded that the status of many accuracy of the catch data presented, but it is are essentially unmanaged and reporting on the requirement for a general reduction in of the deep-sea species targeted in the NEAFC certain that there has been a dramatic increase catches, by-catches and discards is unreliable. effort for deep-sea fisheries. Furthermore, Regulatory Area was unknown. The review panel in reported catches of deep-sea species over the This is exacerbated by confusion over the because data on catches are likely to be summed up its concerns: last five years for which statistics are available identification of shark species or the placing of unreliable as a result of misreporting or under- in the NEAFC Regulatory Area. many species into a single category of ‘deep- reporting of catches (Arbuckle et al. 2008), and “The Panel nonetheless considers the situation water sharks’ (ICES, 2008). because some species are discarded, realistic for deep-sea species to be inadequate, in The NEAFC Commission agreed to maintain the assessments of population status and trends particular as regards knowledge of the species, 35 percent reduction in fishing effort on deep- Siki sharks (Centroscymnus coelolepis and are not feasible under the present management nature of the fisheries, status of the resources sea species until 2012 (NEAFC, 2010a), despite Centrophorus spp.) regime. Catches of Alepocephalus bairdii, in and management planning. This is a critical the fact that this measure has not prevented a These sharks are widely distributed in the particular, increased markedly in recent years issue that NEAFC needs to address as a priority large increase in catches of deep-sea species. northeast Atlantic but many aspects of their (NEAFC, 2004, 2006b, 2007b), perhaps a and every effort should be made to develop The ineffectiveness of these measures may biology are poorly understood. Fisheries reflection of increased effort in the deeper the necessary fisheries database to begin this reflect that the estimates of fishing effort used directed towards these sharks commenced waters where this species occurs. The latest process.” (Arbuckle et al., 2008). (aggregate power, aggregate tonnage, fishing in the late 1980s, while in the last decade figures indicate a major decrease in catches of days at sea, aggregate number of vessels; CPUEs have declined substantially, indicating this species in the NEAFC Regulatory Area from In 2004 NEAFC established a cap on fishing NEAFC, 2010a) do not reflect the killing power that stocks are depleted (ICES WGEF, 2007). 2007 to 2008 (NEAFC, 2010b). effort (no more than the highest level in previous of the deep-water fishing fleets in the region. In 2006 ICES recommended that no fisheries years) for deep-sea species in its Regulatory Changes in technology within a fishing fleet should be targeted at these species unless NEAFC has made several requests to ICES with Area – the first measure to regulate fisheries over time are likely to increase the efficiency sufficient information was available to determine respect to improving information on the spatial for deep-sea species on the high seas of the of fishing vessels and may result in increased sustainable levels of exploitation, and that and temporal patterns of deep-sea fishing in its northeast Atlantic. In 2006, NEAFC Contracting fishing mortality even if vessel numbers, efforts to limit by-catch of these species area of competence. ICES reported (WGDEEP, Parties agreed to further reduce fishing effort tonnage or other fleet-related estimates of effort should also be taken. All three appear on the 2009) that the Vessel Monitoring System (VMS) by 35 percent in fisheries for deep-sea species remain stable. Variation in deep-sea catches IUCN Red List as being at risk of extinction: and reported catch data provided by NEAFC (Bjorndal, 2009). Over the duration of these over the last five years may also reflect changes Near Threatened – Centroscymnus coelolepis was insufficient for these purposes. This was regulations, the reported catch of deep-sea in the status of fish stocks, changing patterns (Endangered in the northeast Atlantic); because of the low frequency of VMS reporting species in bottom fisheries in the NEAFC area of fishing (changes in geographic areas or in Vulnerable – Centrophorus granulosus on vessel positions (once every two hours, has varied several fold but has risen from just targeted species) or problems in reporting of (Critically Endangered in the northeast Atlantic); although it has recently increased in frequency over 25,000t in 2004 to more than 45,000t deep-sea catches. The NEAFC Commission also Centrophorus squamosus (Endangered in the to every hour; NEAFC, 2010a) and because in 2008, with 2007 representing the year of agreed to ban discards in high seas fisheries, northeast Atlantic). fishing operations were not generally logged to highest catches at over 90,000t (Table 1). although the ban only applies to Annex IA tally with VMS data. ICES also judged it likely EU fleets are responsible for 95 percent of species (redfish, herring, blue whiting, mackerel In the northeast Atlantic, gillnets have now been that there were significant amounts of missing the reported catch of deep-sea species in and haddock) and not to Annex IB species, banned from waters deeper than 200m on the data or misreporting of catches. In addition, 70 the NEAFC area. While these catches include which include most deep-sea species. high seas and in the areas around the Azores, percent of vessels reporting demersal catches Madeira and Canary Islands, and deeper than only reported catches of a single species. This 600m elsewhere. is highly unlikely given that demersal deep-sea fish communities are of relatively high diversity Other deep-water species and thus almost all deep-sea fisheries arede Country 2004 2005 2006 2007 2008 Total 2004–2008 A variety of other deep-sea fish species are facto multispecies fisheries. The conclusion EC 25,157 69,883 51,346 90,554 42,471 279,681 fished in the northeast Atlantic, including high must be that only the target species or most seas areas such as the Hatton Bank. These abundant species in catches are being reported Faroe Islands 642 756 253 202 261 2,114 include roughhead grenadier (Macrourus and that data on total catches are incomplete Greenland 0 0 1,913 2,391 1,415 5,719 berglax), common mora (Mora moro) and other or misreported. For similar reasons, ICES was Iceland 0 0 0 0 0 0 Moridae, rabbit fish (Chimaera monstrosa unable to help NEAFC classify deep-sea fishing Norway 648 620 963 933 275 3,439 and Hydrolagus spp.), Baird’s smoothhead activities into management categories (e.g. Russia 56 2,188 148 366 362 3,120 (Alepocephalus bairdii), Risso’s smoothhead targeted fishery, by-catch fishery, etc.; WGDEEP, Total 26,503 73,447 54,623 94,446 45,054 294,073 (A. rostratus), wreckfish(Polyprion americanus), 2009). bluemouth (Helicolenus dactylopterus), silver Table 1. High seas catches of deep-sea species in the NEAFC Regulatory Area 2004-2008 (tonnes). Data extracted from NEAFC catch statistics.

20 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 21 Rockall Bank Following evidence presented by the ICES Working Group on Deep-Water Ecology (WGDEC), NEAFC closed a number of areas on the Rockall Bank, including northwest Rockall, The Logachev Mounds and West Rockall Mounds (Fig. 5). In addition to this, an area known as the Haddock Box remained closed to trawling to protect haddock stocks on the Rockall Bank (WGDEC, 2007). The EU closed the portions of these areas lying within the EEZs of Member States.

Subsequently, further observations indicated the presence of Lophelia pertusa reefs on the southwestern Rockall Bank and on the Empress of Britain Bank (Fig. 6). In addition, significant areas of Lophelia pertusa reefs were also detected on the northeastern part of the Rockall Bank and just outside of the northwestern Rockall Bank protected area (Fig. 7). ICES subsequently recommended that all these areas be closed to bottom fishing. The adjustments to the northwestern Rockall protected area and the adoption of the Empress of Britain protected Figure 4. Global distribution Protection of benthic marine ecosystems Cold-water coral reefs area were accepted by NEAFC and remain in of Lophelia pertusa (Davies place at the present time (NEAFC, 2010a), Figure 5. Rockall Bank, et al., 2007). To determine whether impacts from existing Cold-water coral reefs have been studied while the eastern proposed area is under showing closures deep-sea fisheries in the NEAFC area have more thoroughly in the northeast Atlantic than consideration (NEAFC, 2007a). to fishing in 2007 impacted, or have the potential to impact, on anywhere else in the world. In this region, reefs (WGDEC, 2007). benthic ecosystems, requires the overlaying of are mainly formed by the framework-building geo-referenced fisheries data onto maps of the coral Lophelia pertusa, with contributions from known occurrence of VMEs. In the case of the other species, mainly Madrepora oculata but northeast Atlantic, the following VMEs are known also Solenosmilia variabilis, Desmophyllum to occur in the region beyond areas of national dianthus and Dendrophyllia cornigera (Rogers, jurisdiction (WGDEC, 2009): 1999; Roberts et al., 2009). For Lophelia ● cold-water coral reefs; pertusa, the northeast Atlantic is the most ● other coral-associated benthic habitats important known area in terms of the number (octocoral meadows or forests, dense stands of observations of the species, especially as of Antipatharia or Stylasterida); a component of deep-water coral reefs. The ● dense stands of sea pens; coral occurs on the shelf-break and upper ● sponge-associated habitats; continental slope of Norway, and continental ● areas of dense occurrence of xenophyophores; , including offshore banks such as the ● dense stands of cerianthid sea anemones; Faroes, Rosemary, Lousy, Hatton and Rockall ● serpulid reefs (Filograna); Banks. Elsewhere, the coral occurs along the ● deep-water oyster reefs (Wisshak et al., 2009). Mid-Atlantic Ridge and on the continental slope of West , in the Mediterranean, along the These systems are especially associated with continental slope in the northwest Atlantic, in areas of elevated or steep topography; the the southern Atlantic, Indian and North Pacific occurrence of strong bottom currents, especially Oceans (Rogers, 1999; Davies et al., 2008; those generated by small-scale oceanographic Fig. 4). phenomena such as internal waves; a high concentration of food; and the occurrence of hard substrata (e.g. Rogers et al., in press).

22 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 23 Hatton Bank areas to the west of the existing closure, all Mid-Atlantic Ridge ecosystems along the Mid-Atlantic Ridge). In 2007 NEAFC also closed a portion of the associated with rock outcrops forming ridges In 2004 NEAFC closed five areas in the On the basis of new scientific observations, Hatton Bank because of evidence of the or more irregular topographic features lying Mid-Atlantic Ridge region to fishing as a the Norwegian government proposed five new presence of Lophelia pertusa reefs presented between 700 – >1,700m deep (Fig. 9). Coral precautionary and interim measure to protect protected areas along the Mid-Atlantic Ridge, by ICES (WGDEC, 2005), following a proposal mounds are present in this area and live benthic marine ecosystems. These regions encompassing some of the existing protected to close a portion of the bank from Norway. In Scleractinia (Lophelia pertusa, Solenosmilia were chosen to provide a variety of ridge and areas but, because of their larger size, including 2008, this was extended following evidence variabilis, Madrepora oculata), Antipatharia and habitats placed at different latitudes a wider depth and range of habitats (Fig. 10). gathered by UK and Spanish researchers Octocorallia have been sampled (Munõz et al., along and to either side of the Mid-Atlantic These sites were chosen to represent colder indicating areas of Lophelia pertusa reef 2008). In 2009, NEAFC agreed to extend the Ridge. Recent synthesis of current knowledge northern regions of the Mid-Atlantic Ridge to the south of the 2007 closure (WGDEC, Hatton Bank protected area in line with ICES on the biogeographic classification of the (Reykjanes Ridge); the zone of the Sub-Arctic 2007; NEAFC, 2007a; Fig. 8). Subsequently, recommendations (NEAFC press release, 2009; deep ocean indicates that the sites selected Front around the Charlie Gibbs Fracture Zone, Spanish scientists obtained evidence of further NEAFC, 2010a). represent areas lying in different water masses an area of high biological productivity; and an occurrences of cold-water coral reefs in three along the Mid-Atlantic Ridge (UNESCO, 2009) area in the southern section of the Mid-Atlantic and may also represent different bathyal Ridge representing the warmer areas just to the provinces, and so are likely to exhibit some north of the Azores EEZ. The Altair and Antialtair general differences in fauna beyond those that Seamounts were retained but areas were would reflect only variation in the local physical expanded to include the seamount flanks. environment. Beyond this aim of biogeographical representivity, the choice of sites did not take It was already known that there were a number into account the (albeit) limited information on of observations of the occurrence of Lophelia the presence of VMEs at the time (Norwegian pertusa on the Reykjanes Ridge (e.g. WGDEC, government, 2008). These sites were Hecate 2006), and further evidence of the presence Seamount, a complex of seamounts around of colonies of these corals further south along Faraday Seamount, an area of the Reykjanes the ridge were presented by Mortensen et Ridge and the Altair and Antialtair Seamounts al. (2008), based on ROV footage from Mar- to the south (Norwegian government, 2008). Eco, a Census of Marine Life project aimed With the exception of the Reykjanes Ridge, at understanding the distribution and ecology these protected areas were all small given the of the communities of the Mid-Atlantic conservation objectives for which they were Ridge. Along the Mid-Atlantic Ridge Lophelia originally set up (representivity of deep-water pertusa was only observed as relatively small colonies, up to 50cm in diameter, although in places large areas of dead coral skeleton were also observed. Whether corals had died naturally or these observations were a result of past fisheries impacts (deep-water trawl fisheries Figure 6. ICES recommendation for the protection of the Empress of Figure 7. ICES recommendations for adjustment of northwestern have existed on the Mid-Atlantic Ridge since Britain Bank as adopted in NEAFC Recommendation IX 2008 (NEAFC, Rockall Bank protected area (adopted in 2010) and for a new eastern the 1960s and 70s; Shibanov & Vinnichenko, 2007a). Rockall Bank protected area. 2008) is unknown, although it is possible that small colonies represent recolonisation following damage from fishing (Mortensen et al., 2008). Various octocorals were also observed during the Mar-Eco Mid-Atlantic Ridge investigations and areas with corals supported a higher abundance of other megafauna (Mortensen et al., 2008). Despite existing data, knowledge of the location of VMEs on the Mid-Atlantic Ridge is sparse. In 2009 NEAFC agreed to establish a seasonal closure of an area on the northern Mid- Atlantic Ridge to protect a spawning aggregation of blue ling (NEAFC, 2010a; see above).

ICES reported that following the closures in Figure 9. ICES’ proposed extension to Hatton Bank closed areas on 2004, fishing effort actually increased on the Figure 8. Hatton Bank showing the area protected in 2007 and that the basis of Spanish data indicating the presence of cold-water coral Faraday, Altair and Antialtair Seamounts (ICES, proposed for protection by WGDEC (2007) and subsequently protected habitats in three areas to the west of the existing protected area Figure 10. Proposed Mid-Atlantic Ridge and seamount protected areas; 2007b). It is not known if NEAFC traced the VMS by NEAFC until late 2009 (NEAFC, 2007a). (WGDEC, 2008). adopted by NEAFC in 2009 (Norwegian government, 2008). signatures that were likely to have been fishing in the protected areas.

24 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 25 The Wyville-Thomson Ridge (WGDEC, 2007), from Iceland to West Africa, The sponges that form Ostur have 242 species grounds may have been protected by existing This area is within the European EEZ. In 2003 with mass occurrences being reported west of identified as associated with them, including closures for Lophelia pertusa but this has not the area to the south of the Wyville-Thomson Scotland, in the Porcupine Seabight (Fig. 12a) some obligate associates (Klitgaard, 1991, been evaluated. Ridge was closed to fishing as a result of the and off Morocco (Le Danois, 1948; Rice et al., 1995; Warén & Klitgaard, 1991). Knowledge discovery of the Darwin Mounds, an area of 1990; Barthel et al., 1996). These sponges of these communities is restricted to a very Coral gardens low-relief submarine hills with coral growing on live on mud and generate spicule mats, which few studies. Sponge grounds represent Scleractinia, Octocorallia, Antipatharia and their summits (Davies et al., 2007; Fig. 11). This are associated with increased biomass of important benthic habitats in the deep waters Stylasterida may form dense stands associated area had been impacted by fishing, especially macrofauna (Bett & Rice, 1992). Demosponges of the northeastern Atlantic. They have been with many other species of invertebrates and the French roundnose grenadier fishery in the form dense grounds dominated by a few species demonstrated to be associated with increased fish. These habitats have been termed coral Rockall Trough (Wheeler et al., 2005). ICES of massive sponge. These are referred to as biomass of associated fauna and so may be gardens, coral forests or coral meadows. has recommended that the Wyville-Thomson ‘ostur’ (‘cheese’ in Faroese and Icelandic viewed as structural species within distinct Defining these habitats is difficult but they Ridge itself be closed to fishing because of the because the sponges resemble cheese when communities. Sponges are especially vulnerable appear to exhibit a high density of corals presence of Lophelia pertusa (WGDEC, 2009). brought out of the water), reflecting the large to bottom fishing gear because of their upright compared to the surrounding seabed and by-catches of these sponges taken by fishers structure (Freese et al., 1999), the fragile are often associated with higher species in northern waters. The dominant species nature of tissues and skeletons (especially diversity or a distinct community of other on these grounds include Geodia barreti, glass sponges) and susceptibility to smothering mega- and macrofaunal species. The functional Geodia macandrewi, Geodia mesotriaenia, with sediment (WGDEC, 2009). Bottom trawls relationships between the coral stands and Geodia phlegraei, Stryphnus ponderosus in particular can take enormous by-catches of associated fauna are often unclear (see below). (now recognised as two species) and Thenea sponges, with up to 50t in a haul reported from A number of studies have examined the density muricata. There is evidence to suggest that areas south of Iceland, 12t per tow in areas of octocorals and other corals forming these there is a distinct boreal ostur comprising of the Norwegian Shelf and 1–3t per tow off habitats and indicate that densities may vary Geodia barreti, Geodia macandrewi, Stryphnus the Faroes. Experimental trawling on sponge between 0.1 – >10 colonies per m2 and are ponderosus and other species, found around grounds has also shown that 30–60 percent of generally higher than background densities by the Faroes, Norway, Sweden, parts of the colonies left on the seabed can be damaged a factor of 10 (Orejas et al., 2002; Mortensen Figure 11. Wyville-Thomson Ridge: Protected areas and proposed protected areas (WGDEC, 2009). Barents Sea and south of Iceland, and a cold- (Freese, 2001). Survival of damaged colonies & Buhl-Mortensen, 2004, 2005; Stone, 2006). water ostur, dominated by Geodia mesotriaenia depends on the extent of damage (Henry & Hart, To some extent the density of corals in such Deep-sea sponges and other species, found north of Iceland, in 2005). Wounded sponges may become infected habitats reflects size, with larger species of Sponge grounds occur in the North Atlantic at the Denmark Strait, off east Greenland and by necrotising bacteria and subsequently die coral occurring at lower densities than smaller depths of between 200 and 1,500m. In the north of Spitzbergen (Klitgaard & Tendal, 2004; (Freese, 2001). Little is known about the growth species or mixed coral gardens with a variety of northeast Atlantic, they comprise two distinct Fig. 12b). Recent surveys have also indicated rates of sponges in deep water. In shallow taxa (WGDEC, 2007). types of aggregations: those formed by glass that important sponge grounds may occur on waters, growth rates of 0.76 to 5.6cm per year sponges (Hexactinellida) and those formed by the UK continental slope north of the Wyville- have been estimated, with colonies living for Rogers et al. (in press) suggest the following silaceous sponges (Demospongiae). Glass- Thomson Ridge, while trawl surveys by Spanish up to 220 years (Leys & Lauzon, 1998). It is definition for a coral garden: sponge beds, formed mainly by the species researchers have encountered high by-catches of likely that deep-water sponges, living at the Pheronema carpenteri, are found on the upper the sponges east of the Hatton Bank and in the depths associated with glass and silaceous “Coral communities formed by one or more slope at 740–2,000m, depending on location Hatton-Rockall Basin (WGDEC, 2007). sponge grounds in the northeast Atlantic, grow of the coral groups Scleractinia, Octocorallia, at much slower rates. Some Canadian sponge Antipatharia or Stylasterida where the density Figure 12a reefs, located on the deep shelf, have existed of colonies reaches >10 times background (on left). at the same locality for up to 9,000 years. densities, is usually >0.1 colonies per m2, Pheronema Thus, sponge grounds fit definitions of VMEs and where there is an enhanced diversity of carpenteri in that they are important as diverse benthic associated fauna or a distinct associated faunal distribution in communities, are vulnerable to trawl damage, community compared to the background benthic, the Porcupine and have a very low resilience to fishing epibenthic and epizoozoan fauna.” Seabight. impacts. Gardens of Scleractinia, Octocorallia, Figure 12b To date, there has not been a systematic Antipatharia and Stylasterida are associated (on the evaluation of interactions between fisheries with distinct communities of animals but there is right). Ostur and sponge grounds in the NEAFC Regulatory less known about these communities than those distribution in Area. Localities where it is likely that there are associated with cold-water coral reefs. In the the northeast significant impacts on sponge grounds by deep- case of octocorals, analyses of just 25 colonies Atlantic. water bottom fisheries on the high seas are of octocorals from the Atlantic coast of on the northern Mid-Atlantic Ridge (Reykjanes identified 114 species of associated animals Ridge) and the eastern Hatton Bank and the (Buhl-Mortensen & Mortensen, 2005). In Alaska Hatton-Rockall Basin. No action has been 97 percent of juvenile rockfish and 96 percent of taken to study sponge/fishery interactions or juvenile golden king crab were associated with to close any areas to fishing on the basis of emergent epifaunal invertebrate communities, the presence of sponge habitats. Some sponge especially those formed by octocorals and

26 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 27 sponges (Stone, 2006). Identifying why such recovery of coral gardens decades after fishing On the basis of existing knowledge, the NEAFC At present there has been one study of the associations occur is difficult. In many cases, impacts (Waller et al., 2007). These habitats Regulatory Area may be considered a globally interactions of deep-sea bottom fisheries fish may use coral in a similar way to other therefore meet criteria for classification as important region in terms of abundance and with octocorals/antipatharians in the NEAFC complex topography, such as rocks and boulders VMEs. diversity of octocorals. Within the region, Regulatory Area (Durán Muñoz et al., 2007), on the seabed, for shelter and for foraging. knowledge of the distribution of coral garden despite the known occurrence of octocoral Other large predators may also use coral habitat Compilation of records of deep-sea octocorals communities is extremely sparse. Most records gardens in the region (e.g. seamounts on as foraging areas. The endangered Hawaiian indicate that they are distributed throughout of octocorals come from the northern Mid- the high seas and around the Azores). Such monk seal has been observed as foraging the world’s oceans, including areas such as Atlantic Ridge; the Mid-Atlantic Ridge around interactions are likely to take place in high seas preferentially for fish among beds of octocorals the Arctic and off continental Antarctica where the Azores; non-ridge seamounts, such as deep-water fisheries on the Mid-Atlantic Ridge and black corals off (Parrish et al., 2002). Scleractinia are relatively rare (Fig. 13). While the Josephine Bank; along the continental and on the Hatton Rockall Banks. Spanish there is no clear pattern of distribution (see slope from Norway to West Africa; the slopes observer studies indicate limited by-catch from Coral garden communities are extremely Fig. 14), high levels of diversity have been of oceanic islands, including the Azores and bottom-fishing gear in the Hatton Bank area but vulnerable to damage from bottom fishing gear observed in the North Pacific, especially around Canary Islands; and around Iceland and the note that such organisms were rare on trawl (Stone, 2006; Edinger et al., 2007a; Waller the Hawaiian Islands; the southwestern Pacific, Faroes (Hall-Spencer et al., 2007; WGDEC, grounds (WGDEC, 2007; Fig. 16). NEAFC has et al., 2007; Heifetz et al., 2009). Species especially off New Zealand; the North Atlantic, 2007; Rogers et al., in press; Fig. 15). The not undertaken assessment of such interactions are slow growing and some octocorals and especially on the Mid-Atlantic Ridge; as well distribution of stylasterids and antipatharians is and its discussions to date have mainly been antipatharians are among the most long-lived as seamounts and on the flanks of oceanic less well known but probably similar, albeit with concentrated on cold-water coral reef habitats species on the planet (ages of >4,000 years islands in the northeastern Atlantic; and to a differences in depth distribution (see Rogers et and sponge grounds. for Leiopathes spp.; Roark et al., 2009). Such lesser extent in the Pacific and Atlantic sectors al., 2007). communities show a very low resilience to of the Southern Ocean (Rogers et al., in press). fishing impacts, and observations indicate no Records from the Indian Ocean are sparse.

Figure 13. Global distribution of Figure 15. Distribution of non-reefal records of deep- corals in the North Atlantic region sea octocorals based on ICES data (WGDEC, 2007). (records >50m deep). Note each dot may represent more than one record (Rogers et al., in press)..

Figure 14. Relative diversity of octocoral species in the world’s oceans (darker shades = higher diversity; Rogers et al., in press).

28 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 29 General considerations two hours to once every hour (NEAFC, 2010a). of 30 minutes duration (PECMAS, 2009; see A similar measure has been adopted by NAFO below). ICES was requested to identify the current (NAFO Fisheries Commission, 2009). temporal and spatial extent of deep-water These trigger levels apply equally to a trawl tow fisheries in the northeast Atlantic using VMS NEAFC also requested that ICES assist it in or gillnet or longline set (NEAFC, 2008: Para. data. In 2009, ICES WGDEEP advised that: developing a system for categorising fisheries 2.2). When an encounter takes place, it is using VMS and catch data. However, ICES reported to the flag state and/or Secretary (of “The quality of the data is not yet sufficient to reported that only 27 percent of vessels for NEAFC) and the vessel moves on 2nm from the provide information on the spatial and temporal which VMS data were available had reported best-guess encounter position. Each year these extent of current deep-water fisheries in the NE catch data associated with individual vessels. encounter reports are reviewed by PECMAS and Atlantic.” This severely limited the possibilities of providing ICES and a decision is made on whether the the requested work. accumulated evidence from encounters indicates The reasons for this advice were that there was the presence of a VME (NEAFC, 2008: Para. high interannual variability in data, suggesting There has been no consideration of interactions 2.2). For new fishing areas the encounter rules that data were misreported or missing, and that of fisheries with other potential VMEs in the are the same except that the 2nm zone around in many cases only one species was reported NEAFC Regulatory Area. the encounter position is automatically closed to from catches (70 percent of vessels; WGDEEP, fishing and then the temporary closure examined 2009). This is highly unlikely in deep demersal To date, there have been no impact by PECMAS/ICES at the end of the year prior to fisheries (Merrett & Haedrich, 1997) and so assessments of fisheries on VMEs in the making a decision about maintaining or lifting the it would seem that catches were misreported NEAFC Regulatory Area in accordance with closure (NEAFC, 2008: Para. 3.2). or that a portion of catch was unreported. recommendations of the FAO Guidelines for Notwithstanding this, these analyses did reveal management of deep-sea fisheries on the high The threshold values for coral and sponge some new information on where particular seas. NEAFC has now identified areas that are by-catch in the NEAFC Regulatory Area that fish species were being fished and therefore categorised as new/exploratory fishing areas trigger the move-on rule are not supported by the potential impacts on VMEs. ICES made a in the NEAFC Regulatory Area, which include any explicit assumptions of biomass-density number of recommendations to NEAFC regarding much of the Mid-Atlantic Ridge and seamount relationships that produce some critical VMS data, notably to increase the transmission areas in the high seas of the northeast Atlantic threshold for a VME nor any related assumptions rate of VMS units and to note what fishing gear (NEAFC press release, 2009). According to about catch efficiency in fishing gear. There Figure 16. Distribution of catches of (A) Octocorallia and (B) Antipatharia on the was deployed in fishing operations (because of NEAFC Recommendation XVI 2008, as from are significant differences in both the area Hatton and Rockall Banks from bottom trawls (black symbols) and longlines the risk of confusing use of different types of January 1 2009 all bottom fisheries in areas impacted and the catch efficiency of bottom (red symbols) based on Spanish observer study (WGDEC, 2007). gear). In 2009, NEAFC agreed to increase the that are considered as new/exploratory areas trawl gear, gillnets or longlines for corals and transmission rate of VMS units from once every are subject to impact assessments that are to sponges (WGDEC, 2006). Trigger levels for VME be reviewed by PECMAS prior to permission to encounters in the NEAFC rules do not reflect fish being given. As the areas to be identified as these variations. new/exploratory fishing areas were not identified until late October 2008 (PECMAS, 2008a), An additional issue related to the NEAFC assessments were not forthcoming for 2009. A encounter rules is the actual quantity of by-catch document confirming the geographic areas (5 by that triggers move-on. Limited studies indicate 10 minute boxes of latitude/longitude) classified that by-catch may be a very poor indicator as exploratory fishing areas and those classified of seabed species composition and density. as being fished has been published (PECMAS, Freese et al. (1999) quantified catch efficiency 2008b). However, no impact assessments were of trawl-caught invertebrates by comparing reported to have been assessed by PECMAS in density estimates based on areas swept by 2009 (PECMAS, 2009). the trawl, with density estimates from seafloor imagery at deep-water sites (206–274m depth) Move-on rules off southeast Alaska. They found that nets retained only a fraction of the organisms on the The current NEAFC move-on rule is triggered seabed swept during tows and for some sessile by a catch of >60kg of live coral (Lophelia organisms, such as octocorals and sponges, no pertusa, antipatharians, gorgonians, cerianthid quantifiable estimates of retention were made, sea anemones or sea pens) or >800kg of presumably because of the size and fragility of live sponge (PECMAS, 2009; NEAFC, 2010a). species encountered. Light, flexible and fragile These threshold levels were modified following specimens are either not retained by the net or the adoption of lower VME thresholds by NAFO, once in the net are fragmented and lost through which were reduced following scientific studies the meshes. Figure 17. Coral garden habitat from the slope of Faial Island, Azores, depth ~350m. Species include: Acanthogorgia hirsuta, Viminella flagellum, and and were based on a simple extrapolation of Narella sp. Note the lost longline along the top of the rock outcrop (© A.D. Rogers and the Rebikoff Foundation). threshold values estimated from scientific trawls

30 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 31 Fisheries research surveys have recorded 2009a), the current threshold for sponge VME is actually encountered during normal Conclusions by-catch of benthic invertebrates, especially in by-catch may fail to meet conservation fishing operations. Even for static gear such the NAFO area off the coast of eastern Canada. objectives. Equally, a trigger level established for as longlines, doubts have been raised about (i) Conduct assessments of whether bottom Spanish surveys in NAFO Division 3LMNO, bottom trawling is not appropriate for passive identifying where VMEs occur from the position fishing activities have SAIs on VMEs. based on 30-minute tows at 3 knots (kts), did fishing gear such as gillnets or longlines as each of a longline set and the specific location of ● NEAFC now requires that impact assessments encounter large by-catches of sponges of up fishing method has varying impact. VME taxa on the longline (segment and hooks; are undertaken before bottom fishing is to 5t per tow. Thus, the NEAFC threshold level Government of New Zealand, 2008a). Only permitted in exploratory fishing areas. for sponges would have triggered the VME For habitat-forming corals the situation is similar. larger cold-water coral reefs may be detected ● To date no impact assessments have been encounter move-on protocol in some instances A 60kg trigger level for octocorals would miss through irregularities in bottom topography on undertaken in the NEAFC Regulatory Area. for the fishing gear deployed. However, few the majority of coral garden habitats formed fisheries echosounders but this would require a encounters with live coral, including both by large octocorals and probably 100 percent constant watch to be maintained during trawling (ii) To implement measures in accordance with small and large octocorals, antipatharians and of coral garden habitats formed by small operations and for the position of any seabed the precautionary approach, ecosystems scleractinians, would have triggered a move-on octocorals, antipatharians and stylasterids. For mound recorded. Therefore, a vessel would have approaches and international law and to from these surveys (maximum catch was 69kg; corals a trigger level of less than 10kg might to move 2nm away from the entire trawl track sustainably manage deep-sea fish stocks. Murillo et al., 2008; see also WGEAFM, 2008b). be sufficient to detect VMEs if they are to be for a move-on rule to be effective (see below). ● Exploitation of deep-sea species within the Data from standardised research trawls from the treated as a single category of organisms (even Depth zonation of fauna introduces another NEAFC Regulatory Area has led to depletion Canadian Department of Fisheries and Oceans this is not appropriate for small habitat-forming complication. A trawl or set across isobaths will of populations of several deep-sea species. (DFO) surveys on the eastern coast of Canada octocorals, antipatharians and stylasterids). encounter particular species at a very different Deep-water sharks are now classed as (15-minute tows or standardised to 23,391m2) Such a weight would seem appropriate given rate than a trawl or set along isobaths. Endangered or Critically Endangered under indicate that catches of up to 1,578.7kg of coral by-catch in stock assessment surveys IUCN criteria as a result of targeted fishing coral per haul of sponges were taken (WGDEC, in areas such as the northwest Atlantic (e.g. NEAFC distinguishes between fished and and/or by-catch. 2009). Only a few instances of coral by-catch Edinger et al., 2007b). However, given the non-fished areas in the response to a VME ● For the majority of deep-sea fish species, exceeding the threshold to trigger the move-on analyses undertaken by scientists for NAFO, encounter. In a previously non-fished area (an whether targeted, taken as by-catch, or both, rule have been recorded. One was in an area even lower trigger levels would be appropriate exploratory fishing ground), when a VME is there are no fishery-independent sources of east of the Hudson Strait, northwest Atlantic, for smaller coral species or species with poor encountered the area around it is closed to a data for analyses of stock status or trends. where no previous fishing had taken place. Here retention in nets (WGEAFM, 2008b). This is diameter of 2nm. Only later, when the closure Reliance on fisheries (CPUE) data alone is by-catch of up to 500kg of large octocorals because the low catch efficiency and sheer is considered by PECMAS/ICES, can a decision extremely difficult for deep-sea species in this (Primnoa resedaeformis and Paragorgia arborea) mass of fishing gear means many times the be made to maintain or lift such a closure. region because: were taken per tow in the Northern landed by-catch may be left on the seabed, This makes sense, for a VME when present is > for aggregating species, such data are of Survey (Edinger et al., 2007b). The other case destroyed or damaged. Thus, repeated trawling protected immediately from fishing. However, limited value as CPUE values can remain was in the Gulf of Alaska at 365m depth, where events that do not trigger the move-on rule may in an area with a history of fishing, although relatively constant and/or high in spite of 1,000kg of Primnoa were removed in a single rapidly destroy a VME given the current threshold the encountering vessel must move on 2nm stock depletion; trawl during a National Marine Fisheries Service levels set by NEAFC. (as indicated above, this is unlikely to confer > ICES and NEAFC suspect misreporting of (NMFS) survey (Krieger, 2001). In both instances protection to VMEs from trawling), the area catches of deep-sea species in the NEAFC massive octocoral colonies were the principal For cold-water coral reefs, often the reef remains open to fishing until PECMAS/ICES Regulatory Area; and by-catch. comprises a relatively thin layer of live coral make a decision at the end of the year as to > there are few data on by-catch/discards for overlying a dead coral framework which may whether or not the encounter represents a VME. many of the deep-sea fisheries in theN EAFC These data cannot be extrapolated to form the greater part of the VME. The dead The VME encounter area may be trawled time Regulatory Area. commercial trawls in terms of tow lengths and coral framework is an integral part of the cold- and time again by any vessel fishing in the area ● As a result of the above, the fisheries for many times (mean of four hours in de Cárdenas et al., water coral reef VME and is the main habitat until the decision to close or not to close is deep-sea species in the NEAFC Regulatory 1997). It is not possible to simply extrapolate for many reef-associated species (e.g. see made. A VME encounter carries the same weight Area, including low-productivity species, are not catches from short duration tows to longer Rogers, 1999; Freiwald et al., 2002). Any whether or not it occurs in an area with a fishing sustainably managed. Indeed, for many deep- duration commercial tows, as done by NAFO and differentiation between quantities of live and history, and the regulatory response should be sea species management is impossible in view NEAFC (PECMAS, 2009), because sponge and dead coral in the context of the VME move-on the same. Indeed, it could be argued that a VME of the lack of reliable data on catches and coral habitats have an aggregated distribution, rule is therefore unjustified both scientifically in a fished area may be of greater conservation an absence of scientific survey time series. meaning that the relationship between tow and for management purposes as they are both value as it may represent important habitat NEAFC countries agreed to reduce effort on length, gear type and by-catch is not linear important components of a cold water coral reef. for target species of fisheries and a significant deep-sea species; despite this, catches of (WGDEC, 2007; WGEAFM, 2008b). However, proportion of the habitat may have already deep-sea species increased from 2004–2008. a trigger level of 800kg of sponge for bottom For trawls, the 2nm move-on rule for fished been destroyed by fishing activities, thereby ● Catches for deep-sea species have trawls is around one order of magnitude higher areas has no conservation value. If mean tow increasing conservation and fisheries value of exceeded or been in contravention of ICES than the level estimated for research trawls time is four hours (de Cárdenas et al., 1997) the remaining habitat. Thus, discriminating in the recommendations for several species, of 15 to 30 minute duration in the northwest and the usual speed of trawling is 3.5kts application of the move-on rule between fished including the important redfish fisheries in the Atlantic (WGEAFM, 2009). An 800kg threshold (WGDEC, 2009), then a trawl will cover a mean and non-fished areas by NEAFC has a negative region. would miss areas that Murillo et al. (2008) linear distance of 14km (up to 20nm is reported impact on protection of VMEs and is therefore ● NEAFC has banned the use of gillnets below considered as having high sponge by-catch. for the NAFO Regulatory Area; WGEAFM, 2008b). inconsistent with the UNGA resolutions (UNGA, 200m depth on the high seas in its Regulatory Given the scientific analyses undertaken by VMEs are aggregated in their distribution 2004, 2007, 2009) and FAO Guidelines (FAO, Area, which may contribute to the protection of NAFO (WGEAFM, 2009; Kenchington et al., and there is no way of ascertaining where a 2009a). deep-sea shark species.

32 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 33 ● NEAFC agreed in 2009 to close one area for and/or impacting on benthic communities that NORTHWEST ATLANTIC OCEAN Many other species occur in the NAFO the protection of a deep-sea fish species constitute VMEs are hampered by a lack of The northwestern Atlantic Ocean ranks tenth Regulatory Area and are targeted or taken (blue ling) during the spawning season; data on where fisheries are taking place in any in importance in terms of capture fisheries, as by-catch in high seas deep-sea fisheries, the extension of protected areas on the detail and especially at fine geographic scales. producing about 2.2 million tonnes of fish in including blue antimora (Antimora rostrata), Hatton Bank, also agreed in 2009, has also 2006 (FAO, 2009b). Fishing yields in this region roughhead grenadier (Macrourus berglax), coincidentally protected part of a suspected (iv) To establish and implement protocols to have been in decline since 2000 (FAO, 2009b). roundnose grenadier (Coryphaenoides rupestris), spawning area for blue ling. cease fishing where an encounter with VMEs The RFMO for the area is the Northwest Atlantic marlin spike grenadier (Nezumia bairdii), three- ● Other areas previously closed by NEAFC (e.g. occurs during fishing activities and to report Fisheries Organization (NAFO) (Fig. 18), which bearded rockling (Gaidropsarus ensis), silver several closed areas along the Mid-Atlantic such encounters so that appropriate measures replaced the International Commission for rockling (Gaidropsarus argentatus), long fin hake Ridge and Rockall Bank) may have the effect can be adopted with respect to that site. the Northwest Atlantic Fisheries (ICNAF) in (Urophycis chesteri), striped wolffish( Anarhichas of reducing the catch of some deep-sea ● The threshold levels set by NEAFC for VME 1979. NAFO’s mandate extends to all fishery lupus), spotted wolffish( Anarhichas minor), species. encounters apply to sponges and corals only. resources within its Regulatory Area except northern wolffish (Anarhichas denticulatus), Arctic ● Multispecies deep-water trawl fisheries along ● The threshold levels for sponges and corals salmon, tuna, marlins and whales (Bensch et eelpout (Lycodes reticulatus), Esmark’s eelpout the Mid-Atlantic Ridge and to the west of may have little conservation value and al., 2008). (Lycodes esmarki), spiny (Notacanthus Hatton Bank are in particular need of improved underestimate the occurrence of VMEs and chemnitzii), alfonsino (Beryx splendens and Beryx data and management. would only rarely result in any by-catch levels At present, regulatory measures (TACs or decadactylus), slickheads (Alepocephalus spp.), triggering move-on in most areas of the North quotas) are in place for 11 species or groups black scabbardfish (Aphanopus carbo), wreckfish (iii) To ensure that if fishing activities have SAIs Atlantic. of species, including cod (Gadus morhua), (Polyprion americanus), black cardinalfish they are managed to prevent such impacts, ● Using the same threshold levels for active and redfish (Sebastes spp.), American plaice (Epigonus telescopus), barrelfish( Hyperoglyphe including through closing areas to bottom passive fishing gears does not reflect the large (Hippoglossoides platessoides), yellowtail perciformis), Mediterranean roughy (Hoplostethus fishing where VMEs are known or likely to differences in their impact. flounder (Limanda feruginea), witch flounder mediterraneus), orange roughy (Hoplostethus occur, or not authorised to proceed. ● Using the same threshold levels for different (Glyptocephalus cynoglossus), white hake atlanticus), Cornish blackfish(Schedophilus ● VMEs are present in the deep sea in the types of corals (and other VME taxa) is likely (Urophycis tenuis), capelin (Mallotus villosus), medusophagus), hagfish( Myxine glutinosa), NEAFC Regulatory Area beyond areas of to underestimate the occurrence of VMEs skates (Rajidae), Greenland halibut (Reinhardtius large-eyed rabbitfish (Hydrolagus mirabilis), national jurisdiction. These include cold- formed by smaller octocorals, antipatharians hippoglossoides), squid (Illex spp.) and shrimp narrownose chimaera (Harriotta raleighana), water coral reefs, sponge grounds and and stylasterids. (Pandalus spp. and Penaeus spp.) (NAFO CEM, spiny dogfish(Squalus acanthias), black dogfish coral gardens. There are scattered data ● Distinguishing by-catch of live and dead 2009). Several of these species are found in (Centroscyllium fabricii), deep-sea catshark on the presence of other potential VMEs Lophelia or any other coral is not based on deep water and are caught in the high seas (Apristurus profundorum), great lantern shark (e.g. occurrence of high densities of current knowledge of the structure of cold- portions of the NAFO Regulatory Area, including (Etmopterus princeps), bluntnose sixgill shark xenophyophores or reefs formed by Filograna) water coral reefs, many of which rely on dead redfish, white hake, skates, shrimp and (Hexanchus griseus) and Portuguese dogfish in the northeast Atlantic region. structures for their make-up. Not counting Greenland halibut. (Centroscymnus coelolepis) (Kulka et al., 2003; ● NEAFC has closed significant areas to fishing dead coral as a VME encounter will lead to Muñoz et al., 2005; Murua et al., 2005; Murua because of the presence of VMEs, specifically significant underestimates of the occurrence & de Cárdenas, 2005; González-Troncoso et cold-water coral reefs. of coral VMEs in any area. al., 2006; Grant, 2006; Kulka, 2006; González ● NEAFC has not closed all areas for which there ● Differentiating the post-VME encounter et al., 2007; Kulka et al., 2007a; Thompson is strong evidence of the presence of VMEs, protocol between areas with a fishing history & Campanis, 2007). This list is by no means specifically areas outside the current closures and those without is inconsistent with inclusive of all targeted or by-catch species and on Rockall Bank. conservation objectives. A VME has the same for a more extensive list of potentially vulnerable ● NEAFC has not closed areas to fishing conservation value whether or not it is in an deep-water species see WGEAFM (2008a). Most because of the presence of non-cold-water area with a history of fishing. of these species, however, are either so rare or coral reef VMEs specifically, but existing ● The 2nm move-on rule is ineffective from a of such little value that they are discarded as closures may confer some degree of conservation perspective as it is impossible to unwanted by-catch. protection to VMEs such as sponges and identify where a VME encounter occurs along a coral gardens. tow for commercial bottom trawling. Management of fisheries for deep-sea ● Attempts to identify where deep-sea bottom species of low productivity fisheries on the high seas are interacting with Redfish Sebastes( spp.) (Deep-sea redfish[Sebastes mentella]; golden redfish [Sebastes marinus]; Acadian redfish [Sebastes fasciatus]; beaked redfish[Sebastes mentella and Sebastes fasciatus]).

Because the species are very difficult to distinguish and hybrids are known, all are grouped together in the single statistical Figure 18. The NAFO Regulatory Area. category ‘redfish’ in the northwest Atlantic. Redfish are long-lived and slow-growing species

34 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 35 and are generally viviparous with larval exclusion to 6,500–8,500t in the last few years and it has Roundnose grenadier (Coryphaenoides at eight years old (Devine & Haedrich, 2008). occurring immediately before or after birth. For been suggested that this is a result of some rupestris) As with the roundnose grenadier, it has been these reasons the species are regarded as low recovery in biomass of the targeted fish stocks, The roundnose grenadier is long-lived, late estimated that populations of this species productivity or vulnerable species (WGEAFM, a claim not wholly supported by scientific survey maturing and slow growing and therefore fits have declined catastrophically in the northwest 2008a; see above). Management of redfish data (Morin et al., 2004; Devine & Haedrich, the FAO criteria for a low-productivity species Atlantic, with a decrease in catches in DFO stocks in the NAFO area is complicated by large 2010). These catches have been consistently (see above). Roundnose grenadier were first research trawls of 93.3 percent between 1978 fluctuations in catches from year to year (NAFO above recommendations by the Scientific exploited by Russian fleets in the late 1960s, and 2003. These data have been somewhat SC, 2008). Committee for the recovery of the stock (e.g. with catches peaking in the early 1970s at controversial and indeed contradictory to recent NAFO Fisheries Commission, 2005; NAFO SC, around 80,000t and then declining rapidly. papers suggesting that populations are stable Redfish have been targeted in high seas areas 2008). In 2009 NAFO increased the quota for The fishery developed largely in the absence or recovering, with increases in biomass in of the NAFO Regulatory Area, particularly in Area redfish in Area 3M to 8,500t (NAFO TACS, 2009) of any knowledge of the biology of the species recent years (e.g. Costas & Murua, 2008; but 3M, around the Flemish Cap. Initial catches in despite a recommendation by the Scientific and by the 1990s had declined markedly subsequent communications found that negative this region rose from around 20,000t in 1985 to Committee to maintain catches at 5,000t per and effort switched to roughhead grenadier data from the region, i.e. tows with zero catch, 81,000t in 1990, followed by a steep decline in annum (NAFO Fisheries Commission, 2008). In (Macrourus berglax). Analyses of catches were not provided to these investigators). catches to around 1,000t in 1998/99 (Fig. 19). the last few years the Russian fleet has begun of roundnose grenadier in research trawls Recovery times are calculated at as little as As well as being subject to a directed fishery, to target pelagic redfish on the Flemish Cap. concluded that catches had decreased by 99.6 19 years with no fishing and a 46 percent redfish were also being caught at this time as a As yet no data are available on this fishery, percent from 1978–2003 (Devine et al., 2006; annual rate of increase, but rise to 248 years by catch in the shrimp fisheries in the region. As and its impacts on the redfish stock within the Supplementary Information), a decline fitting the if even a low rate of fishing is allowed (Bakeret stocks declined, fishing effort directed towards area as a whole are unclear (NAFO SC, 2008). IUCN definition for Critically Endangered (Devine al., 2009). Recent studies have only covered these species also decreased but there was an ICES provides advice on pelagic redfish for the et al., 2006). Subsequent study indicates that trends in populations since 1994, by which increase in catches after 2000 when Russian whole North Atlantic area, however, NEAFC has the decline in roundnose grenadier populations time the northwest Atlantic stocks of M. berglax and Portuguese fleets increased efforts to catch consistently set TACs for this species several was a result of overfishing (Devine & Haedrich, had already decreased significantly, probably redfish in the region. Catches have since risen times greater than scientific recommendations 2008). Sufficient demographic data exist for as a result of by-catch and discarding in the (NAFO SC, 2008). roundnose grenadier to calculate potential halibut fishery, and as a result of environmental A. STACFIS ESTIMATES OF BEAKED recovery times. These could be as little as 16 changes affecting population distribution (Devine REDFISH COMMERCIAL CATCH In Areas 3LN, which also include high seas years assuming an unlikely high rate of increase & Haedrich, 2008). Catches of M. berglax 75 areas such as the Flemish Pass and the (56 percent) and no fishing; with even a low peaked at 9,000t in 2000 but have declined 60 southern tip of the Grand Banks, the fishing fishing rate (5 percent), recovery time rises to since, with catches at 3,000t and 1,500t in 45 history has been similar. Here, catches 136 years (Baker et al., 2009). Catch history 2004 and 2007, respectively (Costas & Murua,

30 increased sharply from 1985, rising from in recent years is complicated by evidence of 2008). It has been suggested that decreased Thousand tons 21,000t to 79,000t in 1987, followed by a steep extensive misreporting of catches of roughhead catches may have occurred because of efforts to 15 decline to about 450t in 1996 (Fig. 19). During grenadier as roundnose grenadier (Murua et regulate the fishery for Greenland halibut in this 0 1989 1991 1993 1995 1997 1999 2001 2003 2005 2007 this period catches were consistently above TAC al., 2005; González-Troncoso & Paz, 2007). area (Costas & Murua, 2008). However, several Year levels. In 1998 a moratorium was established The species was taken mainly as by-catch in papers have identified extensive misreporting of preventing directed fishing ofSebastes spp. Greenland halibut fisheries off Greenland (NAFO catches of roughhead grenadier as roundnose B. BEAKED REDFISH COMMERCIAL in this region. Despite this, by-catch of redfish Areas 0 and 1) and further south (Areas 2 and grenadier, although the species are quite CATCH AND BY-CATCH IN NUMBERS 350 resulted in overall catches actually increasing 3). Estimates of population biomass remain at distinct. As yet there is no management regime 300 Commercial from 1998 to 2000 (NAFO SC, 2005). The extremely low levels. Roundnose grenadier is not in place for roughhead grenadier in the NAFO By-catch 250 moratorium in Areas 3LN has since been lifted under specific management measures by NAFO Regulatory Area. The species is considered to 200 and a precautionary TAC of 3,500t set (NAFO although the Scientific Committee recommended be of Special Concern (≈ IUCN Vulnerable) in the

Millions 150 SC, 2008), although this is allocated as a 10 no directed fisheries towards the species off northwest Atlantic (COSEWIC, 2007). 100 percent limit on by-catch of other fisheries in Greenland and efforts to minimise by-catch 50 the area. The stock remains at a very low level (NAFO SC, 2008). The species is considered Blue antimora, blue hake or flat-nosed 0 1989 1991 1993 1995 1997 1999 2001 2003 2005 2007 compared to its size prior to 1985. Endangered in the northwest Atlantic (COSEWIC, codling (Antimora rostrata) Year 2008). This is a widely distributed fish, occurring Redfish are also fished in Area 3O but there at depths between 400 and 4,000m in the C. TAC / CATCH (1,000 TONS) was little specific information on the current Roughhead grenadier (Macrourus berglax) northeast and northwest Atlantic, northern 80 status of this stock and indeed the Scientific The roughhead grenadier is becoming an Mid-Atlantic Ridge and elsewhere. In the NAFO 70 TAC Committee was unable to provide management important commercial species in the northwest Regulatory Area, blue hake are caught within the Catch 60 advice for this area because of lack of data Atlantic where it is taken as by-catch in the Canadian EEZ, but also on the eastern margins 50 Figure 19. Beaked redfish (NAFO SC, 2008; NAFO Fisheries Commission, Greenland halibut fishery, mainly in NAFO Areas of the Grand Banks, the Flemish Pass and 40 catches in (A) Area 3M 2009). Despite this, a TAC of 20,000t was set 3LMN, much of which lies in the high seas Flemish Cap (Kulka et al., 2003). Blue hake do 30 biomass, (B) Area 3M by the Fisheries Commission in 2005 and has (Fossen et al., 2003; Costas & Murua, 2008). not concentrate at sufficient densities to warrant 20 numbers (Ávilo de Melo et (1,000 tons) TAC/Catch remained at this level to the present day (NAFO As with roundnose grenadier, this is considered directed fisheries but are taken as by-catch in 10 al., 2009) and (C) Areas SC, 2008; NAFO Fisheries Commission, 2009). to be a slow-growing species, late to mature and commercial trawl and longline fisheries in the 3LN (NAFO SC, 2008). 0 1955 1960 1965 1970 1975 1980 1985 1990199502000 2005 Catches in recent years have varied but have long-lived (20 years +). The species matures NAFO Regulatory Area (Kulka et al., 2003). Year generally not reached the TAC. at 15 years of age but is recruited to fisheries Devine et al. (2006; supplementary material)

36 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 37 report a decline in catches of blue hake of 92.7 do not reach sufficient densities to maintain Skates (Rajidae) Lawrence) and Data Deficient (Newfoundland) percent in research trawls from 1978–1994. a commercial fishery, despite their market Skates are low-productivity species (COSEWIC, 2005). There are few other data on blue hake in the appeal. The decline in wolffish populations characterised by low rates of growth, high ages region. The resilience of the species is not in the northwest Atlantic is catastrophic, with at maturity, low fecundities and high longevity Sharks understood and it is not possible to evaluate northern wolffish declining by 95 percent in (McPhie & Campana, 2009). In the northwest Within the region, porbeagle shark (Lamna the current status of stocks in the northwest three generations, and spotted wolffish declining Atlantic attention was drawn to the impacts nasus) is subject to a directed longline fishery Atlantic. There is no market for blue hake and all by >90 percent in Canadian waters (Kulka fishing had on skates following the suggestion and, as a result of significant declines in by-catch is presumably discarded. et al., 2007b). Striped wolffish has declined that the largest species in the area, barndoor populations, has been subject to a low TAC significantly in Canadian waters (O’Dea & skate (Dipturus laevis), was close to extinction within Canadian waters. The species is also Wolffish or catfish: striped wolffish Haedrich, 2003), and in US waters further (Casey & Myers, 1998). However, subsequent taken as by-catch in pelagic fisheries for tuna (Anarhichas lupus), spotted wolffish south catches declined 94.9 percent between work has suggested that this species has and billfish (NAFO SC, 2008). In recent years (Anarhichas minor), northern wolffish 1983 and 2004 (Fuller & Watling, 2008). Major increased over recent years on the Grand Banks catches from pelagic longlines have increased (Anarhichas denticulatus), contractions in the distribution of these species (Gedamke et al., 2005) and has not become while mean size has decreased, indicating a Wolffish are a small family of very large have also been identified, with a possible but extinct, although numbers were reduced greatly serious threat to the species. The porbeagle blennies, notable for their ferocious appearance unlikely shift in distribution to deeper waters in areas for which records are available off is a pelagic shark of the high seas where it is and disposition. They have very unusual and (Kulka et al., 2007b). At present it would appear Newfoundland (>99.9 percent decrease in 20– caught in epipelagic waters <200m in depth conservative life histories that include internal that all three of these wolffish species are 30 years; Casey & Myers, 1998). (Campana & Joyce, 2004). Good catch statistics fertilisation and the production of large eggs threatened with local extinction in the northwest and demographic data exist for the region. and larvae (2cm long in A. lupus), which are Atlantic, an area of global significance for The most commonly landed commercial species The species is considered Endangered in the brooded in nests under rocks by the males for them. All three are considered species-at–risk in the northwest Atlantic area include winter northwest Atlantic (COSEWIC, 2004). four to nine months. The level of parental care in the northwest Atlantic: A. lupus as Special skate (Leucoraja ocellata), little skate (Leucoraja is extraordinary; in the striped wolffish, the male Concern (≈ IUCN Vulnerable) and A. minor and A. erinacea), thorny skate (Amblyraja radiata) and There are few data for other sharks in the actively aerates and turns the eggs and covers denticulatus as Threatened (Baker et al., 2009). the smooth skate (Malacoraja senta). Analyses region. The only sharks with commercial value them in skin mucus to prevent infection (Kulka of data on these species from Canadian waters in the area are the spiny dogfish(Squalus et al., 2007b). They are long-lived (>20 years) Canadian assessments that established the (Scotia Shelf) indicates that from 1970 to 2006 acanthias), a shallow-water species mainly taken and tagging studies have indicated that they threat status of the three wolffish species the abundance of mature winter, thorny and on the Canadian Shelf (Kulka, 2006). Other are highly sedentary and apparently territorial. state that a definitive cause of their decline smooth skate declined by >90 percent, whereas sharks, notably the black dogfish(Centroscyllium Juvenile wolffish may settle close to their nest is not apparent. The size and habitat of all little skate increased in adundance (McPhie & fabricii), have little commercial value and are sites but can also range quite far to establish three species makes them highly susceptible Campana, 2009). This pattern of declines in only taken as by-catch in the NAFO Regulatory new home bases where suitable habitat is to capture by bottom trawls. A significant part larger species and increases in smaller has Area. Several other species are also taken found (natal behaviour; Fuller & Watling, of the catch of wolffish in the NAFO Regulatory been observed elsewhere in the world with other outside the Canadian EEZ in the high seas 2008). Wolffish are apex predators and exert Area comes from outside the Canadian EEZ skate species (e.g. Dulvy et al., 2000). About 95 areas of the NAFO Regulatory Area (Murua & considerable effects on ecosystem structure and it is suspected that catches are being percent of the catches in the NAFO Regulatory de Cárdenas, 2005; Kulka, 2006), including the and the composition of benthic communities by under-reported (Kulka et al., 2007b). Catch Area are of thorny skate and mainly come from Portuguese shark (Centroscymnus coelolepis), feeding on urchins and other grazers (Fuller & statistics for the period 1995–2002 indicate Areas 3LNOP, which include the high seas. the deep-sea cat shark (Apristurus profundorum) Watling, 2008). In all respects, wolffish fit the that significant quantities of wolffish were taken There are major uncertainties in the catches of and the great lantern shark (Etmopterus FAO description of a low-productivity species, in NAFO Areas (18.7 percent), which include these species prior to 1996 (NAFO SC, 2008), princeps). However, fisheries data for these mainly because of the life history of the species high seas areas on the southern part of the primarily due to failure to distinguish between are either non-existent or the species are (O’Dea & Haedrich, 2003; Kulka et al., 2007b). Grand Banks, and the Flemish Pass (Kulka et species. Catches are thought to have peaked aggregated as deep-sea sharks/dogfish. Status al., 2007b). These catches are retained for at around 31,500t in 1991 and for Areas 3LNO of these species within the region is unknown, The three Atlantic species reviewed here are commercial purposes and it is likely that the averaged at about 9,050t from 2000–2007. but all are relatively rare and of little commercial distributed in the North Atlantic only and are fish stocks are continuous across national and Currently, the biomass of the stocks, estimated interest. found within national waters and in high seas high seas waters (Kulka et al., 2007b). There from scientific surveys, are low compared to the areas of both the NAFO and NEAFC Regulatory is often confusion in the identification of the 1980s but have remained stable in recent years Other species Areas. The outer edges of the Grand Banks and three wolffish species and they may therefore and even increased slightly from 2005–2007. Rabbitfish (Family Chimaeridae) are also caught the Flemish Cap comprise significant areas of be reported as wolffish or catfish for commercial Skates came into regulation by NAFO in 2004. in NAFO Regulatory Areas 3LMNO. Two species, habitat (Kulka et al., 2007b). The depth range is purposes (Kulka et al., 2007a). At present there NAFO SC (2008) recommended that catches of the large-eyed rabbitfish( Hydrolagus mirabilis) considerable as they are found from 20–1,500m is no specific management regime for wolffish in skates be maintained at around 6,000t to allow and the narownose rabbitfish( Harriotta depth; northern wolffish have the narrowest the NAFO Regulatory Area. In Canadian waters, continued recovery of the stock but the NAFO raleighana), are taken in mixed-species, bottom range (Kulka et al., 2007b). These species northern and spotted wolffish must now be Fisheries Commission set a TAC for 2010 of trawl fisheries in deep waters of the Grand are found in a narrow range of environmental released alive if caught as by-catch. In addition 12,000t on the basis of evidence of increased Banks and Flemish Cap (González et al., 2007). temperatures (1.5–5oC; Kulka et al., 2007b). to direct mortality, it is likely that trawling stock size. Winter skate, a mainly shelf species, As with other Chondrichthyes, these species Wolffish have been subject to directed fisheries damages shelter and nesting sites for wolffish is considered a species-at-risk in the northwest have a conservative life history and are low- off Greenland, but off Canada they are caught and this may also be a contributory factor to its Atlantic with population assessments of Special productivity species. There is no information on as by-catch, with about 1,000t per year taken in decline (Kulka et al., 2007b; Fuller & Watling, Concern (Western Scotian Shelf), Threatened the state of populations of these species in the the 1980s. The species have never been taken 2008). (Eastern Scotian Shelf), Endangered (Gulf of St northwest Atlantic. in directed fisheries in this area because they

38 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 39 Protection of benthic marine ecosystems a relatively limited number of large seamounts In reponse to UNGA Resolution 61/105, NAFO was applied first to corals and then to sponges (isolated topographic elevations), estimated at 43 closed an area along the southern slope of for the NAFO Regulatory Area. The NAFO Regulatory Area is dominated for the NAFO Regulatory Area, of which a fraction the Grand Banks to protect corals from bottom oceanographically by cold, low-salinity water have summit depths in the range of fishing as fishing, roughly along the 800 – 1,000m isobath. The second method uses Geographical flowing from the north in theL abrador Current. currently practised (Kulka et al., 2007c). Subsequent analyses of the closed area showed Information System (GIS) software to analyse To the south the region is bound by the Gulf that many records of octocorals and other corals the distribution of density of sponge by-catch Stream, which means that the region is In January 2007, six areas of seamounts were actually occurred in waters shallower than the in the NAFO Regulatory Area (WGEAFM, 2009). characterised by very strong latitudinal gradients closed to fishing as a measure to protect benthic shallowest boundary of the closed area, just Effectively, this identifies a circular search radius in temperature. Within the region there are biodiversity (Table 2 and Fig. 20). Although outside the closed zone (WGDEC, 2008; Fig. around each point (cell) on a map and then areas of high primary production generated biological information on these seamounts was 21). It was suggested that the protected area estimates the number of VME features within by input of nutrients from strong tidal mixing extremely scant, there was some evidence of should be extended to the 200m-depth contour to that radius, dividing the number by the area and, in areas, localised upwelling. The benthic coral by-catch in trawls from some of the New protect all the deep-sea corals in this immediate around the cell to get a unit density. For sponge ecosystems of the region are well studied in the and Corner Rise Seamounts and it was area (WGDEC, 2008). So far this has not been studies, a 25km search radius was chosen as it south, especially on the northeastern shelf of suggested that deep-sea coral frameworks may acted upon. recognises distinct geological features. Smaller the USA and the southeastern shelf of Canada, exist in the Orphan Knoll region (Kulka et al., radii (e.g. 10km) resulted in a highly fragmented but less well studied in northern areas. However, 2007c). Post-January 2008: A more systematic picture of sponge density. Contour maps of the occurrence of cold-water coral habitats and approach to identification of VMEs sponge density were then constructed. deep-sea sponge grounds have been known in Some of these areas have been subject to the region for nearly 90 years (e.g. Verrill, 1922; significant fisheries for deep-sea species, In 2008, the NAFO Scientific Committee and Using the accumulation curve method, the Deichmann, 1936; Breeze et al., 1997; Breeze & particularly alfonsino (Beryx spp.), most notably a the Working Group on Ecosystem Approach to presence of coral VMEs was assessed by NAFO Davis, 1998; MacIsaac et al., 2001; Mortensen Russian Fishery from 1978–1996 on the Corner Fisheries Management (WGEAFM) initiated a WGEAFM (2008b). The report immediately Table 2. NAFO & Buhl-Mortensen, 2004, 2005; Gass & Willason, Rise Seamounts and some exploratory fishing by new approach to assessing coral and sponge identified that it was likely that different seamount areas 2005; Mortensen et al., 2005; WGDEC, 2009) other states (Kulka et al., 2007c; Thompson & by-catch data from fisheries research surveys significance should be attached to the levels of protected from bottom and they are presently under active investigation Campanis, 2007). Subsequent to the cessation obtained by Canada and Spain. These research by-catch of different types of corals as colonies fishing in January (Gilkinson & Edinger, 2009). The region has of the Russian alfonsino fishery, some fishing, trawls covered a substantial portion of the NAFO have different weights and different morphology 2007 (NAFO CEM, extensive offshore banks (topographic elevations including exploratory fishing trips, occurred on the Regulatory Area, including the high seas regions (shape and structure), making them more or 2009). associated with or on the continental shelf) but Corner Rise Seamounts for alfonsino, wreckfish subject to bottom trawling (WGEAFM, 2009). Two less likely to be caught and retained in trawls and black scabbardfish, mainly by Spanish approaches have been used to identify VMEs (WGEAFM, 2008b). Subsequent analyses Area Coordinate 1 Coordinate 2 Coordinate 3 Coordinate 4 42º31’33”N 42º31’33”N 41º55’48”N 41º55’48”N vessels but also by Canadian vessels (Kulka et formed by corals and sponges. The first involved revealed that large catches of corals and sea Fogo Seamounts 1 53º23’17”W 52º33’37”W 53º23’17”W 52º33’37”W al., 2007; Thompson & Campanis, 2007). Recent the examination of cumulative catch data for pens, indicating the presence of a potential VME, 41º07’22”N 41º07’22”N 40º31’37”N 40º31’37”N Fogo Seamounts 2 ROV surveys on the Corner Rise Seamounts VME species by ranking the biomass of VME taxa were actually quite rare events in research trawls. 52º27’49”W 51º38’10”W 52º27’49”W 51º38’10”W identified the existence of some remaining coral in each trawl from lowest to highest and then Identifying significant steps on the accumulative 50º00’30”N 51º00’30”N 51º00’30”N 50º00’30”N Orphan Knoll 45º00’30”W 45º00’30”W 47º00’30”W 47º00’30”W habitat, but large areas of the summits and upper plotting the increase in accumulative biomass curve of coral catches was difficult but a highly 35º00’00”N 36º00’00”N 36º00’00”N 35º00’00”N Comer Seamounts flanks of two seamounts, Kükenthal and Yakutat, with each additional trawl. If VME taxa show an conservative point was chosen representing the 48º00’00”W 48º00’00”W 52º00’00”W 52º00’00”W were denuded of large sessile animals and aggregated distribution, as would be expected 97.5 percent quantile (upper bound of the 95 Newfoundland 43º29’00”N 44º00’00”N 44º00’00”N 43º29’00”N Seamounts 43º20’00”W 43º20’00”W 46º40’00”W 46º40’00”W showed evidence of trawl damage in the form of if they form high-density patches of individuals percent quantile). This represented a catch of New England 35º00’00”N 39º00’00”N 35º00’00”N 35º00’00”N seabed scars, other damage to the seabed and that structure the habitat, then at some stage 1.6kg per trawl for sea pens (Fig. 23) and 0.2kg Seamounts 57º00’00”W 57º00’00”W 64º00’00”W 64º00’00”W coral fragments (Waller et al., 2007) (Fig. 22). the accumulation curve will show a marked per trawl for small gorgonian octocorals (Acanella sudden increase in biomass. This is because, arbuscula; Fig. 24). For larger gorgonians, for the greater part of the seabed, the density because they are more prone to breakage and of individuals of VME taxa is low, so biomass fragmentation in a trawl, a more precautionary accumulates very slowly. Tows that encounter a quantile of 90 percent was set, representing a VME generate a large step in biomass of VME catch level of 2kg per trawl (WGEAFM, 2008b; Fig. species, identified by the area of maximum 25), although in very exceptional circumstances, curvature of the accumulation curve. This method where the seabed has not been previously trawled, by-catch of such species has been high (Krieger, 2001; Edinger et al., 2007b).

For sponges, the area occupied by weight of sponges in trawls was broken into 25kg bins and then plotted using GIS (WGEAFM, 2009; Fig. 26). The weight at which a marked increase in area Figure 22. Kükenthal Peak occupied by sponges was found to be between showing scar marks from 100 and 75kg of sponge by-catch. Further Figure 21. NAFO coral protection area, initiated January bottom trawling. © Deep- analyses indicated that the 75kg weight threshold Figure 20. Map of seamount areas protected within NAFO 2008, showing records of sea pens (Pennatulacea) in green, Atlantic Stepping Stones for a trawl catch was the level that indicated Regulatory Area (Thompson & Campanis, 2007). gorgonians in blue and soft corals in red (WGDEC, 2008). Research Group. potential encounter with a VME. This was not

40 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 41 FIGURE 23 1.0

WEIGHT QUANTILES 0.8 100% maximum 0.116000 99.5% 4.718880 97.5% 1.602200 0.6 90% 0.454600 75% quartile 0.170000

f(x) 50% median 0.049000 0.4 25% quartile 0.010500 10% 0.003094 2.5% 0.001000 0.2 0.5% 0.001000 0% minimum 0.000100 0 0 2 4 6 8 10 Weight (kg)

FIGURE 24. FIGURE 23 1.0 1.0 WEIGHT QUANTILES WEIGHT QUANTILES 0.8 0.8 100% maximum 1.195300 100% maximum 0.116000 99.5% 0.669198 99.5% 4.718880 97.5% 0.239704 97.5% 1.602200 0.6 0.6 90% 0.103750 90% 0.454600 75% quartile 0.035000

75% quartile 0.170000 f(x) 50% median 0.010000 f(x) 50% median 0.049000 0.4 0.4 25% quartile 0.003000 25% quartile 0.010500 10% 0.001000 10% 0.003094 2.5% 0.001000 2.5% 0.001000 0.2 0.2 0.5% 0.000100 0.5% 0.001000 0% minimum 0.000100 0% minimum 0.000100 0 0 0 0.2 0.4 0.6 0.8 1.0 1.2 0 2 4 6 8 10 Weight (kg) Weight (kg)

FIGURE 23 FIGURE 24. FIGURE 25 1.0 1.0 1.0 compatible with the 97.5 percent quantile (close to 1,000kg; Fig. 27) but was compatible with the maximum WEIGHT QUANTILES WEIGHT QUANTILES WEIGHT QUANTILES 0.8 0.8 0.8 100% maximum 0.116000 100% maximum 1.195300 100% maximum 68.580000 curvature of a plot of the cumulative weights of sponge 99.5% 4.718880 99.5% 0.669198 99.5% 67.484900 97.5% 1.602200 97.5% 0.239704 by-catch in trawls (WGEAFM, 2009; Fig. 28). This 0.6 0.6 0.6 97.5% 34.118850 90% 0.454600 90% 0.103750 90% 2.066280 threshold weight appeared to be consistent between 75% quartile 0.170000 75% quartile 0.035000 75% quartile 0.325000 f(x) f(x) 50% median 0.049000 f(x) 50% median 0.010000 0.4 0.4 0.4 50% median 0.030000 approaches in identifying what weight of sponge by-catch 25% quartile 0.010500 25% quartile 0.003000 25% quartile 0.010000 10% 0.003094 10% 0.001000 10% 0.002000 in a trawl represented a likely encounter with a VME. 2.5% 0.001000 2.5% 0.001000 0.2 0.2 0.2 2.5% 0.001000 0.5% 0.001000 0.5% 0.000100 0.5% 0.001000 0% minimum 0.000100 0% minimum 0.000100 0% minimum 0.001000 These areas corresponded to the northern, eastern 0 0 0 0 2 4 6 8 10 0 0.2 0.4 0.6 0.8 1.0 1.2 0 0.2 0.4 0.6 0.8 1.0 1.2 and southern flanks of theF lemish Cap, southern parts Weight (kg) Weight (kg) Weight (kg) of the Flemish Pass and the eastern and southern FigureFIGURE 23. Cumulative24. distribution of Figure 24. Cumulative distribution of catch Figure 25. Cumulative distribution of catch (kg) of large flanks of the Grand Banks. They were used to guide the FIGURE 25 1.0 catch (kg) of sea pens from research trawl (kg)1.0 of Acanella arbuscula from research gorgonians (Paragorgia spp., Primnoa resedaeformis, closure of 11 further high seas areas to bottom fishing surveys (WGEAFM, 2008b).WEIGHT QUANTILES trawl surveys (WGEAFM, 2008b). Keratoisis ornata, Acanthogorgia armata, Paramuricea in September 2009 to protect VMEs formed by sponges 0.8 WEIGHT QUANTILES 100% maximum 1.195300 0.8 spp.) from research trawl surveys (WGEAFM, 2008b). and corals (Fig. 31). In addition to the previous NAFO 99.5% 0.669198 100% maximum 68.580000 Figure 29. Areas where catches of octocorals exceed the threshold values 97.5% 0.239704 99.5% 67.484900 0.6 Regulatory Area, 3O, this makes a total of 12 benthic 90% 0.103750 0.6 97.5% 34.118850 identified by WGEAFM (WGEAFM, 2008b). 75% quartile 0.035000 90% 2.066280 areas in the high seas as well as a further six seamount f(x) 50% median 0.010000 75% quartile 0.325000 0.4 f(x) 25% quartile 0.003000 0.4 50% median 0.030000 areas closed to bottom fishing in theNAF O region. FIGURE 26 (a) 25% quartile 0.010000 CODE WEIGHT AREA N 10% 0.001000 90,000 Figure 26. Area occupied2.5% by trawls 0.001000 10% 0.002000 (kg) (km2) TOWS 0.2 with decreasing catch0.5% weight of 0.000100 80,0000.2 2.5% 0.001000 0% minimum 0.000100 0.5% 0.001000 1 3,980 505 7 The move-on rule sponges from (a) 3980 – 1kg and 70,000 0% minimum 0.001000 2 1,994 1,743 21 0 3 999 6,731 37 0 0.2 0.4 0.6 0.8 1.0 1.2 60,000 0 )

(b) from 250 – 25kg, using GIS 2 4 500 8,623 61 The NAFO move-on rule for coral by-catch was slightly Weight (kg) 0 0.2 0.4 0.6 0.8 1.0 1.2 50,000 Weight (kg) 5 250 9,186 73 density rasters (WGEAFM, 2009). 9 125 11,896 93 adjusted at the Annual Meeting in September 2009 40,000 12 62 19,204 118 FIGURE 25 Area (km from 100kg of live coral to 60kg of live coral. This 30,000 14 31 23,432 155 1.0 16 15 28,042 195 followed the realisation that within the NAFO area the 20,000 17 7 36,895 264 WEIGHT QUANTILES by-catch of corals in research trawls would never have 0.8 10,000 18 3 56,690 352 100% maximum 68.580000 19 1 82,516 501 triggered a move-on incident with a threshold value of 99.5% 67.484900 0 3,980 1,994 999 500 250 125 62 31 15 7 3 1 0.6 97.5% 34.118850 100kg. The current threshold levels are still more than 90% 2.066280 Weight (kg) 75% quartile 0.325000 one order of magnitude higher than that estimated f(x) 0.4 50% median 0.030000 25% quartile 0.010000 using accumulation curves for large octocorals and FIGURE 26 (b) 10% 0.002000 CODE WEIGHT AREA N more than two orders of magnitude larger than that for 0.2 2.5% 0.001000 30,000 (kg) (km2) TOWS 0.5% 0.001000 small corals. The scientists advising NAFO undertook 0% minimum 0.001000 5 250 9,186 73 25,000 Figure 30. Areas where the weight of catches of sponges exceeded the 0 6 200 10,143 87 estimation of a by-catch that signified an encounter 0 0.2 0.4 0.6 0.8 1.0 1.2 7 175 10,143 88 threshold identified by WGEAFM. Numbers represent NAFO numbering system 20,000 with a VME using extensive datasets from research ) 8 150 10,143 89 Weight (kg) 2 for potential VME locations (WGEAFM, 2009). 9 125 11,898 93 trawls and based on a consistent and rigorous 15,000 10 100 15,032 102 11 75 18,810 113 methodological approach (WGEAFM, 2008b, 2009). Area (km 10,000 13 50 20,368 130 A similar inconsistency applies to sponge threshold 15 25 26,371 168 5,000 levels, with a current trigger level of 800kg, compared

0 to a threshold weight of 75kg for research trawls, which 250 250 175 150 125 100 75 50 25 was estimated as indicative of the presence of a VME Weight (kg) (WGEAFM, 2009). In spite of the much longer duration of commercial trawl tows, a linear increase in the ‘catch’ FIGURE 27 FIGURE 28 of sponge and corals in commercial fishing gear is not Figure 27. Cumulative distribution of expected as coral or sponge VMEs occur in discrete 1.0 COMBINED DATA weight of sponge catches from Spanish (Weight > 0.5 kg) patches (rarely more than 500m across) and encounters 1.0 (30-minute tows) and Canadian (15-minute WEIGHT QUANTILES with such VMEs are relatively rare with trawls, although 0.8 tows) research trawls. Box shows weights 100% maximum 5000 the chance of encountering more than one patch 99.5% 3370.58 0.9 corresponding to the maximum curvature of 99% 2151.38 increases with increased trawl time (WGEAFM, 2008b). 97.5% 953.13 catch cumulation curve (WGEAFM, 2009). 0.6 Recognising this, the USA put forward a proposal at the 95% 430.00 0.8 90% 124.46 f(x) f(x) Annual Meeting of NAFO in 2009 to establish threshold 85% 52.52 0.4 Figure 28. (Detail of Fig. 27) zoomed in to 80% 25.81 0.7 limits of 2kg of corals and 75kg of sponges. NAFO, show the curve between 10 and 300kg. 75% quartile 16.10 however, only agreed to reduce the threshold levels 50% median 3.50 Black arrow indicates the first long step in 0.2 25% quartile 1.25 0.6 of ‘live’ corals from 100 to 60kg and from 1,000 to 20% 0.97 the cumulation curve, corresponding to 75kg 15% 0.85 800kg for sponges. NAFO has begun the process of of sponge catch, Red arrows indicate the 50 100 150 200 250 300 developing identification guides for MV E taxa in the 0 Weight (kg) 100 and 125kg points (WGEAFM, 2009). 0 1,000 2,000 3,000 4,000 5,000 NAFO Regulatory Area (Kenchington et al., 2009b). Weight (kg) Figure 31. Areas closed to bottom fishing by NAFO, September, 2009 (NAFO Fisheries Commission, 2009).

42 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 43 Conclusions have adopted non-destructive photo survey MEDITERRANEAN SEA impacts of the Messinian Salinity Crisis (5.7–5.4 (i) Conduct assessments of whether bottom fishing methods for assessments. The Mediterranean is an enclosed sea with MYA). Elements of the deep-sea fauna are activities have SAIs on VMEs. ● This information has been used to designate depths as great as 5,121m and is notable impoverished compared to that of the deep ● As yet no impact assessments have been areas for protection from bottom fishing. for being one of the few warm, deep-ocean Atlantic Ocean but levels of endemism in the undertaken for bottom fishing operations in the ● In some cases, the exact outline of the protected basins in the world, with temperatures a Mediterranean are high (>26 percent), although high seas of the NAFO Regulatory Area. areas does not reflect data on the positions of uniform 12.5–14.5oC (Cartes et al., 2004). It this varies markedly by taxonomic group and occurrence of VME taxa. The reasons for this are comprises many of the topographic features is rather low in . The Mediterranean is (ii) To implement measures in accordance with the unclear. found elsewhere in the deep ocean, including highly oligotrophic and this may explain the lower precautionary approach, ecosystems approaches ● Aspects of the scientific advice on the potential canyons, cold seeps, seamounts and cold- densities of fish, macrofauna and meiofauna and international law and to sustainably manage occurrence of VMEs and establishment of water coral reefs. However, because the compared to adjacent areas of the Atlantic deep-sea fish stocks. thresholds of coral or sponge catch that indicate countries surrounding the Mediterranean have Ocean (Cartes et al., 2004). Fish and decapod ● The deep-water fisheries of theNAF O Regulatory the presence of VMEs have been exemplary. not exercised their rights to claim a 200nm are prevalent in the megafauna of Area have a record of severe overfishing However, the knowledge gained is not currently EEZ, many of these features associated with the deep Mediterranean. Fish diversity is also and many stocks are at a fraction of historic reflected in the move-on rule (see below). the continental slope are in, or partially in, lower than the Atlantic and the composition is abundance and biomass and are in recovery from, ● The ecological and biological significance of lesser the high seas and not within waters under different, with a higher relative proportion of or remain in, a depleted state. concentrations of corals, sponges and other VME national jurisdiction (Bensch et al., 2008). The deep-sea sharks. Decapod communities are ● The only deep-water low-productivity species indicator species found in the NAFO Regulatory RFMO for the region is the General Fisheries dominated by large shrimp of tropical origin. managed by NAFO are skates and redfish. Area have not been assessed to establish Commission for the Mediterranean (GFCM) For these reasons, Mediterranean deep-sea ● Other low-productivity species are taken as whether additional protective areas are required. (Fig. 32), which has been in existence since fisheries are targeted at relatively few species by-catch in deep-water fisheries for Greenland 1952, making it one of the oldest RFMOs in compared to other oceans, with an emphasis halibut, redfish and skate. Some of these species (iv) To establish and implement protocols to cease the world. on hake (Merluccius merluccius) and deep-water are threatened with extinction in the NAFO fishing where an encounter with VMEs occurs (Aristeus antennatus, Aristeomorpha Regulatory Area as a result of a combination of during fishing activities and to report such The Mediterranean deep-sea fauna is unique, foliacea) (Bensch et al., 2008). However, other environmental change and overfishing.NAF O has encounters so that appropriate measures can be as a result of isolation by a shallow sill, current deep-water species are also fished, including made no attempt to manage the catch of these adopted with respect to that site. oceanographic conditions and the historical blue whiting (Micromesistius poutassou), species to ensure that populations remain in a ● The threshold levels set by NAFO for VME viable state. This situation is a direct threat to the encounters apply to sponges and corals only. biodiversity of high seas deep-sea ecosystems in ● The threshold levels for corals exceed scientific Figure 32. Map of the NAFO Regulatory Area. estimation of threshold levels that indicate the Mediterranean ● New fisheries, such as the pelagic redfish fishery coral VMEs by more than one or two orders of showing the GFCM on the Flemish Cap, are not regulated in a magnitude, depending on the category of coral Regulatory Area manner that would be consistent with the FAO (sea pens, small corals, large corals). (Bensch et al., Guidelines in respect of exploratory fisheries. ● The threshold levels for sponges are also set at 2008). ● Extensive misreporting occurs in the deep-sea more than one order of magnitude above levels high seas fisheries in theNAF O Regulatory Area. estimated by examination of by-catch data from Under-reporting of catches of some species or research trawls. As for corals, current threshold groups of species is suspected in the high seas levels may have little or no conservation value. deep-water fisheries. ● Using the same threshold levels for active and ● NAFO also does not identify fish catches to passive fishing gears does not reflect their greatly species-level for several groups of regulated and differing impact. unmanaged fish, including redfish, wolffish, skate ● Scientific advice toNAF O identified that using and sharks. the same threshold levels for different types ● The NAFO Fisheries Commission has consistently of corals was likely to underestimate the set catches above the levels proposed by the occurrence of VMEs formed by smaller octocorals, NAFO Scientific Council for low-productivity deep- antipatharians and stylasterids. water species, in some cases to levels more than ● Differentiating the post-VME encounter protocol double the recommended TACs. between areas with a fishing history and those without is inconsistent. A VME has the same (iii) To ensure that if fishing activities have SAIs conservation value whether or not it is in an area they are managed to prevent such impacts, with a history of fishing. including through closing areas to bottom fishing ● The 2nm move-on rule is ineffective as a where VMEs are known or likely to occur, or not conservation measure, as it is impossible to authorised to proceed. identify where a VME encounter occurs along a ● NAFO has identified areas of high concentrations tow for commercial bottom trawling and therefore of corals and sponges using information on has no conservation value. In the case of NAFO, by-catch from research trawls. Ongoing studies commercial trawls are up to 20nm long.

44 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 45 greater forkbeard (Phycis blennoides), angler pinnipeds are recognised (GFCM Scientific oculata as Endangered globally (Cavanagh & species (European Commission, 2006). Some fish (Lophius spp.), conger eel (Conger conger) Advisory Committee, 2008a), those affecting Gibson, 2007). All three species are Critically of these habitats have been largely destroyed and blackspot sea bream (Pagellus bogaraveo), deep-water species are not. By-catches of Endangered in the Mediterranean. IUCN has also in the deep waters of the Mediterranean, for as well as crustaceans including the shrimps deep-water species are especially associated classified the rabbitfishChimaera monstrosa as example, beds of Funiculina quadrangularis and Parapenaeus longirostris, Pasiphaea spp., with trawl fisheries, which in the Mediterranean Near Threatened in the Mediterranean because Isidella elongata have largely disappeared from Acanthephyra eximia and Plesionika spp., the are almost all multispecies fisheries. Discard its preferred depth-range lies entirely within many areas as a direct result of bottom trawling Norway lobster Nephrops norvegicus, and the levels are high. One study of discards in six the depth that deep-water fishing takes place (European Commission, 2006). crabs Geryon longipes and Paramola cuvieri Spanish ports and one Italian indicate discards (Cavanagh & Gibson, 2007). Other species of (Cartes et al., 2004). of 13–62 percent of catch in waters of 150– deep-water sharks taken as by-catch include Crinoid beds 350m depth and 14–43 percent in waters of Etmopterus spinax and Hexanchus griseus Communities associated with high densities of Management of fisheries for deep-sea >350m depth (Carbonell, 1997; Carbonell et al., (Saidi & Bradai, 2008). All of these species, as the crinoid Leptometra phalangium occur on the species of low productivity 1998). Studies of the deep-water trawl fleet of with many chondrichthyans, are long-lived with shelf edge (120–180m depth off Italy) around Alacante (southeast Spain) indicated discards very low fecundities and therefore are highly the Mediterranean, where there is strong water None of the main target species from deep of 34.6 percent of the total catch (Soriano & vulnerable to overfishing. movement and a plentiful supply of plankton and waters in the Mediterranean are low-productivity Sánchez-Lizaso, 2000). In this fishery, of the 95 organic matter. They comprise an abundance species. However, heavy fishing pressure in species taken in trawls, 89 are discarded. The GFCM recognises the issues of by-catch from of suspension feeding organisms, and the the Mediterranean has resulted in stocks impacts of such multispecies trawl fisheries on Mediterranean deep-sea fisheries and there is crinoids introduce three-dimensional complexity of high-productivity species such as hake biodiversity are significant. Experimental trawl currently a working group within the Scientific to the environment, enhancing diversity. This being overexploited (e.g. off northern Spain surveys in the Gulf of Lions in recent years Advisory Committee on by-catch and incidental habitat acts as essential fish habitat for a Subdivision 6, Gulf of Lions Subdivision 7, and recorded only 13 species of elasmobranchs, catches. Some species of sharks have been number of commercial species (Colloca et al., elsewhere; GFCM SCMEE, 2008a) and some whereas 25 species were recorded in 1957– afforded protection by Recommendation GFCM 2004) including hake, blue whiting and poor cod drastically so (e.g. northern Levant Sea; GFCM 1960 (Tudela, 2000). The area is subject to an 2005/1 to ban fishing below 1,000m depth, (Trisopterus minutus), John Dory (Zeus faber), SCMEE, 2008a). Growth rates of the shrimp intensive trawl fishery and the main target stock including the Portuguese dogfish Centroscymnus red mullet (Mullus barbatus), angler fish( Lophius Aristeus antennatus are lower than other of hake is overexploited. coelolepis, which occurs from depths of spp.), thornback ray (Raja clavata) and the squid penaeids and some stocks in the Mediterranean ~1,300m to >2,800m (Cavanagh & Gibson, Illex coindetti. Leptometra are extremely fragile are overexploitated (Cartes et al., 2004). In By-catch for deep-water trawl, gillnet and longline 2007). In addition, Recommendation GFCM and are easily destroyed by trawling. 2005, at the 29th Session of the GFCM, it fisheries is poorly documented but there are 2005/1 also requested a minimum of 40mm was decided not to allow fishing to extend reports of significant by-catch of deep-water mesh size for the cod end of demersal trawls Gryphus vitreus (brachiopod) beyond 1,000m depth in the Mediterranean, a sharks in several fisheries. Off the coast of Italy in an effort to reduce by-catch. However, this The brachiopod Gryphus vitreus is associated decision partially reflecting the lack of species significant by-catches of the black-mouth cat could only confer conservation value to very with particular soft-bottom communities under of commercial interest living there (Cartes et shark (Galeus melastomus) and gulper shark small or juvenile deep-water fish. This measure the influence of currents. Its density on the al., 2004). The juveniles of Aristeus antennatus (Centrophorus granulosus) have been reported, is currently in the process of being implemented seabed is an excellent indicator of current speed recruit almost exclusively below depths of with the former species being taken on its and will be fully in place for the EU by 2010. and the species can form belt-like zones from 1,000m and juveniles and males generally spawning grounds (Tudela, 2000). Significant Recommendation GFCM 2009/1 has called for 100–250m depth (Emig, 1988), where it may occur below these depths. This may explain the by-catch of the roughshark (Oxynotus spp.) has a reduction in demersal trawling by 10 percent also be associated with Leptometra phalangium high resilience of this species to exploitation been reported from Greek waters (Tudela, 2000). in the GFCM Regulatory Area. Whether this (Ordines & Massutí, 2009) or Isidella elongata. in many areas, as a substantial part of the The angular roughshark Oxynotus centrina reduction will benefit deep-sea species and The sediments occurring with Gryphus vitreus population lives beyond the depths at which has been classified as Critically Endangered habitats depends on where effort reductions may be silty, with a diversity of molluscs, infauna fishing takes place or is allowed (Carteset in the Mediterranean and is now rare or has in trawling are implemented. In general, the and epifauna colonising relatively small pieces al., 2004). Aristeus anntenatus in the Gulf of been extirpated from many areas where it was issue of by-catch in the deep waters of the of hard substrata (Rosso et al., 2009). Lions undergoes periodic crashes in landings formerly abundant (Cavanagh & Gibson, 2007). Mediterranean remains under-researched and is as a result of formation of cold, dense water at likely to impact a wide range of low-productivity Isidella elongata (octocoral) the surface of this area in winter, followed by Reports on the status of deep-water sharks and VME species (see below). This octocoral forms beds in areas of compact cascading of the water into deep water. Three in the Mediterranean indicate that several mud on the middle slope from 500m to at or four years after such cascading events the are threatened with extirpation as a result, Protection of benthic marine ecosystems least 1,200m (European Commission, 2006; populations undergo good recruitment, probably mainly, of being taken as by-catch. Particularly Ramírez-Llodra et al., 2008). It forms coral because of transport of organic material into the notable are three species of angel sharks The VMEs represented within the deep waters gardens associated with a high diversity of deep sea during such events (Company et al., in the genus Squatina: Squatina aculeata, of the Mediterranean are unique, reflecting the benthic invertebrates and high densities 2008). Other deep-water fisheries, Squatina oculata and Squatina squatina. All general characteristics of the fauna (see above). of commercial species including shrimps such as those for deep-water pink shrimp three were historically abundant in the region They include communities formed by crinoids (Aristeus antennatus, Aristaeomorpha foliacea, Parapenaeus longirostris, are also depleted but have suffered severe range contractions and (Leptometra phalangium), octocorals (Funiculina Parapenaeus longirostris), lobsters (Nephrops or overexploited in the region (GFCM SCMEE, declines (Cavanagh & Gibson, 2007). These quadrangularis, Isidella elongata), stony corals norvegicus) and fish( Merluccius merluccius, 2008a). species have relatively small distributions in (Lophelia pertusa, Madrepora oculata) and Micromesistius poutassou). Both live and the Mediterranean, along the west coast of brachiopods (Gryphus vitreus). These habitats dead coral areas are important as habitat for While the serious by-catch problems associated Africa and off Europe (Campagno et al., 2005). are associated with a high level of diversity of other species. This habitat, along with gardens with shallow-water fisheries in the Mediterranean IUCN recognises Squatina squatina as Critically associated species and are also associated with formed by the species Funiculina quadrangularis, on sharks, turtles, cetaceans, birds and Endangered globally and S. aculeata and S. juvenile and adult stages of commercially fished has been destroyed across large areas of the

46 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 47 Mediterranean as a result of bottom trawling in The largest complex of coral communities Seeps have been identified in the southeastern commercial species (e.g. Company et al., 2008). deep water. All have largely disappeared from discovered lies off the coast of Santa Maria de Mediterranean, on the Mediterranean Ridge, Canyons can have a higher abundance and some areas. Luca in Apulia, southern Italy. The reefs were to the south of Crete and Turkey (Anaximander biomass of megafauna than surrounding slope discovered through coral being caught in the Mountains) and to the north of Egypt near areas (Sardà et al., 1994) and can be important Funiculina quadrangularis (sea pen) nets of local fishermen. The corals occur at the Nile Delta. These seeps are associated in the distribution of suspension-feeding Funiculina is a large sea pen reaching 1.5– depths between 500m and >1,100m in an area with unique communities of animals with organisms such as corals (Ramírez-Llodra et al., 2.1m in height that forms dense gardens on of complex terrain characterised by hummocks endosymbiotic bacteria, including bivalve 2008). undisturbed sediments and occurs on the on the seabed and strong current flows molluscs (Lucinidae, Vesicomydae, Mytilidae shelf edge and upper slope throughout the (Taviani et al., 2005). The coral communities and Thyasiridae) and siboglinid worms that Conservation measures for deep-sea VMEs Mediterranean (European Commission, 2006). at Santa Maria de Luca are dominated by utilise hydrogen sulphide or methane (Vanreusel in the GFCM Regulatory Area The dense beds of sea pens represent essential Madrepora oculata, with Lophelia pertusa et al., 2009). Non-symbiont-hosting fauna can habitat for some commercial crustaceans such and Desmophyllum dianthus also occurring. also be abundant at these sites as a result Currently, deep-sea ecosystems are under- as Parapenaeus longirostris and the Norway Associated diversity is lower than northeast of heterogenous habitat, elevated topography represented in the protected areas of the lobster Nephrops norvegicus. Communities Atlantic cold-water coral reefs but includes and high supplies of food, including Mediterranean. Most marine protected areas are formed by this species have been almost other stony corals (Stenocyathus vermiformis), worms, sponges, echinoids and other species coastal (Abdulla et al., 2008). Recommendation completely destroyed by trawling in many parts octocorals, bivalve molluscs, , (Vanreusel et al., 2009). Cold seeps may be GFCM/2006/3 established areas protected of the Mediterranean. including the coral-associated Eunice norvegicus, associated with specific geological features from fishing with towed dredges and bottom and sponges (Taviani et al., 2005). on the seafloor, including mud volcanoes trawls around the Lophelia pertusa reefs at Lophelia pertusa and other coral and pockmarks. Related features are deep Santa Maria de Luca, the cold seep ecosystems communities Fishing is regarded as a major threat to hypersaline basins, which are high-salinity brine in the Nile Delta and the benthic communities The distribution of the framework-building corals deep-water stony coral communities in the pools lying on the deep seabed that have high of Eratosthenes Seamount (GFCM, 2006), Lophelia pertusa and Madrepora oculata are Mediterranean, especially given that the concentrations of associated methane and representing about 15,666km2 of seabed poorly known in the Mediterranean but they have occurrence of these habitats is poorly known, hydrogen sulphide (Cartes et al., 2004). Most (Abdulla et al., 2008). Recently, a further been identified in scattered localities. These relatively rare and scattered (Cartes et al., of the sites discovered so far lie below 1,000m fisheries-restricted area has been proposed in corals have been observed near the Gibralter 2004). depth but those around the Nile Delta are the Gulf of Lions, specifically to protect spawning Sill; in the northwest Mediterranean canyons shallower at 500–800m depths. grounds of the hake Merluccius merluccius between Cap de Creus and the Ligurian Sea; Chemosynthetic communities (GFCM SCMEE, 2008b). This conservation in the Sicilian Channel; on the Apulian Plateau Cold seeps have been identified in several Seamounts measure (Recommendation GFCM/33/2009/1) off southern Italy; and in the southwestern areas of the Mediterranean in deep waters. Seamounts are not necessarily VMEs in is only a freeze on current fishing effort (GFCM, Adriatic margin off the coast of southeastern The contact zone between the Eurasian and themselves but often host VMEs such as 2009) and so offers limited and temporary Italy (Fig. 33; Freiwald et al., 2009). The stony African plates represents one of the world’s cold-water coral reefs or coral gardens. The protection to benthic communities. The ban on coral communities occur in waters at depths major provinces associated with the seepage seamounts of the Mediterranean are poorly fishing below a depth of 1,000m does confer of ~450m to more than 1,100m in a variety of hydrocarbon associated fluids, particularly explored. In the eastern Mediterranean, protection to species of benthic organisms of environmental settings including canyons, in the deep sea (CIESM, 2006). At cold seeps, Eratosthenes Seamount, a feature with an whose distribution lies partially or wholly below submarine cliffs, and steep or complex methane-rich fluids provide energy for bacteria, elevation of about 1,500m and a summit these depths. However, ecologically important submarine topography (Taviani et al., 2005; which may also produce hydrogen sulphide depth of 756m, has been subject to limited deep-sea VMEs remain vulnerable, including Freiwald et al., 2009). through the process of sulphate reduction. studies (Galil & Zibrowius, 1998). It hosts a coral gardens formed by Isidella elongata, diverse community of organisms including the Funiculina quadrangularis, other corals and other corals Caryophyllia calveri and Desmophyllum habitat-forming groups such as crinoids and dianthus as well as black corals and a variety of brachiopods, which customarily occur shallower polychaetes; the crustaceans Aristaeomorpha than 1,000m. foliacea, Aristaeus antennatus, Plesionika martia and Polycheles typhlops; and fish, including To date, there has been almost no response to Hoplostethus mediterraneus (Galil & Zibrowius, UNGA Resolution 61/105 in terms of impact 1998). There are seamounts in other parts of assessments of deep-sea fisheries in the the Mediterranean, especially in the Tyrhennian Mediterranean on benthic ecosystems. Indeed, Sea where they form part of the Eolian Arc. there are few data on many of the important Hydrothermal activity has been identified on VMEs of the Mediterranean and their current some (e.g. Marsili and Enarete Seamounts; and past distributions are not understood. Uchupi & Ballard, 1989; Eckhardt et al., 1997). Many of these habitats are vital to commercial species, both juveniles and adults (see above). Canyons It is widely acknowledged that several of these Canyons are important ecosystems in the important VMEs have been largely destroyed Mediterranean, especially in the western across wide areas of the Mediterranean as a Mediterranean basin where they act as a conduit result of bottom fishing, especially trawling. for organic matter from the shelf into the deep Figure 33. Locations where live Lophelia pertusa and Madrepora oculata have been found in the Mediterranean (Freiwald et al., 2009). sea and can have an important influence on GFCM has recently established criteria for

48 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 49 identification of sensitive habitats of relevance Endangered or Threatened, raising the risk of SOUTHEAST ATLANTIC OCEAN of the non-ratifying states are actively fishing for the management of priority species, including long-term reduction in biodiversity of benthic The Southeast Atlantic includes one of the in the SEAFO Regulatory Area, notably Japan VMEs formed by corals, crinoids and other communities in the deep Mediterranean. world’s major eastern boundary current and Republic of Korea, and both of these have species, as well as seamounts, canyons and ● At present GFCM has called for a minimum upwelling systems, which makes it a highly undertaken to ratify the Convention in 2010 cold seeps (GFCM ScientificA dvisory Committee, mesh size of 40mm in the cod end of nets productive marine region. Nonetheless, it does (SEAFO Commission, 2009). 2008b). A report has also been made to and a reduction by 10 percent of the effort not feature among the 10 most important the European Commission on Sensitive and of demersal fisheries in the Mediterranean. ocean areas in terms of fish landings (FAO, Fisheries in the region have included those Essential Fish Habitats in the Mediterranean The 40mm mesh size requirement will not 2009b). The region includes the coastal areas for small pelagic fish, including sardine, Sea (European Commission, 2006). This report prevent the continued decline of the majority off , Namibia and Angola and anchovy, Whitehead’s round herring (Etrumeus also identifies many of the significant deep-sea of threatened deep-sea species and its extends westwards to beyond the southern whiteheadi) and horse mackerel, and trawl VMEs in the Mediterranean area and describes conservation value in waters down to 1,000m Mid-Atlantic Ridge (Fig. 34). The high seas fisheries for hake( Merluccius capensis, their relevance to fisheries and impacts on depth in preventing environmental impacts by region of the Southeast Atlantic includes a Merluccius paradoxus, Merluccius polli), kingklip them from fishing activities. As yet there is no multispecies demersal trawl fisheries is not number of large topographic features including (Genypterus capensis), snoek (Thyrsites atun), indication of the development of a systematic clear. As yet it is unclear where reductions the southern Mid-Atlantic Ridge, the Walvis sole (Austroglossus microlepis) and monkfish approach to identification of VMEs or the in fishing effort will take place and whether Ridge, the Vavilov Ridge, the Agulhas Ridge (Lophius spp.; Boyer & Hampton, 2001). There management of deep-sea fisheries to protect benefits will accrue for deep-water species and a number of isolated seamounts (e.g. are also a number of line fisheries and fisheries such habitats. and habitats. Vema Seamount) and rise features (e.g. for crustaceans, particularly lobsters (Jasus ● The GFCM has banned all forms of fishing Meteor Rise; SEAFO Scientific Committee, spp.). Over the past two decades or so, fisheries Conclusions beyond 1,000m depth, affording protection 2006; Clark et al., 2007; Bensch et al., 2008). have developed on the continental slope for to species whose depth-range partially or orange roughy, alfonsino and deep-sea red crab (i) Conduct assessments of whether bottom completely lies below this depth. The RFMO for the region is the South East (Boyer & Hampton, 2001). Catches of many of fishing activities have SAIs on VMEs. Atlantic Fisheries Organisation (SEAFO). Current these species have declined in comparison to ● There has been no impact assessment (iii) To ensure that if fishing activities have SAIs Contracting Parties include Angola, the EU, historical catches as a result of overexploitation, of fishing in the deep waters of the they are managed to prevent such impacts, Namibia, South Africa and Norway. Other states and in some cases the decline is also probably Mediterranean on target and by-catch species, including through closing areas to bottom have signed the Convention but have not ratified related to environmental change (Boyer & including those that form VMEs. fishing where VMEs are known or likely to it, including Republic of Korea, Japan, UK, USA Hampton, 2001). occur, or not authorised to proceed. and Iceland (SEAFO Commission, 2008). Several (ii) To implement measures in accordance with ● The Mediterranean has a unique marine the precautionary approach, ecosystems fauna that includes deep-sea VMEs formed Status of deep-sea fisheries on the approaches and international law and to by a variety of taxa, some of which are most high seas sustainably manage deep-sea fish stocks. common within, or unique to, the region. ● The Mediterranean is an enclosed sea with ● It is widely acknowledged that these Species managed by SEAFO in the high seas a shallow sill separating it from the Atlantic ecosystems have been seriously impacted are: Patagonian toothfish (Dissostichus as well as a unique palaeoclimatic history. by bottom fishing. eleginoides), orange roughy (Hoplosthethus As a result, it has a characteristic fauna and ● At present, three areas have been protected atlanticus), alfonsino (Beryx spp.), deep- distribution of communities in the deep sea from deep-water dredging and trawl fishing sea red crab (Chaceon spp.), mackerel (e.g. a high proportion of chondrichthyans) that and fishing is banned below 1,000m depth. (Scomber scombrus), armourhead/boarfish require special management consideration. (Pseudopentaceros spp.), oreo dories ● The main target species of Mediterranean (iv) To establish and implement protocols to (), cardinalfish(Epigonus spp.), deep-water fisheries are not low productivity. cease fishing where an encounter with VMEs octopus, squid (Ommastrephidae), wreckfish ● Many of the trawl fisheries in the deep occurs during fishing activities and to report (Polyprion americanus), skates (Rajidae) and waters of the Mediterranean are multispecies such encounters so that appropriate measures sharks. and have significant impacts on non-target can be adopted with respect to that site. species, some of which are characterised ● No specific measures are in place to detect or Orange roughy (Hoplostethus atlanticus) by low productivity. Some have been so map VMEs in the Mediterranean region or to In 1994, exploration for deep-sea fish stocks severely impacted by fishing that they are manage impacts on them by bottom fisheries by a commercial company began just inside the regionally recognised as Critically Endangered, outside current protected areas. Namibian EEZ. In 1995, spawning aggregations of orange roughy were identified on a ground known as Hotspot, a seamount at the southern edge of the Walvis Ridge (19o20’S, 10o05’E; Boyer et al., 2001). This was followed by the discovery of further aggregations on the continental slope in 1995/96 at the sites known as Rix (22o30’S, 12o40’E), Johnies (26o20’S, 13o30’E) and Frankies (24o30’S, 13o20’E). Figure 34. Map of the SEAFO Regulatory Area. These fisheries were opened to full commercial fishing in 1997, when they produced 15,500t

50 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 51 of orange roughy (Branch, 2001). Analyses of Armourhead (Pseudopentaceros richardsoni) catches are low. Incomplete reporting of catches has established a number of precautionary commercial CPUE in 1998 indicated that the Statistics for SEAFO refer to armourhead and remains a problem and countries with a history measures to protect seabed ecosystems stocks had declined significantly, although boarfish. No specific identification is given of fishing in the SEAFO Regulatory Area, such and vulnerable species in response to UNGA there were objections from industry suggesting for boarfish and the name may also refer to as Spain, Portugal, Cyprus, Mauritius, Japan, Resolution 61/105 including: that fishing effort had been directed at other armourhead (SEAFO Scientific Committee, Russia, Poland, Norway, South Africa and ● the closure of seamount areas because of species rather than roughy and CPUE estimates 2006). The armourhead is a species associated Namibia have not supplied SEAFO with historical the likelihood that they host VMEs; were therefore biased (Boyer et al., 2001). The with seamounts that has also shown a low catch data (SEAFO Scientific Committee, 2008). ● instruction of observers to collect data on TAC was therefore only reduced to 12,000t. In resilience to exploitation because of its Even if some information is present there is by-catch of VME species; 1998/99 it was discovered that the stocks had aggregating behaviour, especially in areas such often no spatial component. There are recent ● support of research initiatives to improve declined precipitously, probably more so than as the North Pacific.A rmourhead have been indications of improvement in this situation, with knowledge of the distribution of VMEs within could be explained by fishing alone, and the fished on the high seas in the southeast Atlantic increased reporting from Japan and Republic of the SEAFO Regulatory Area (e.g. southern possibility that fishing was somehow disturbing since the 1970s when Soviet vessels targeted Korea. Mar-Eco project); the spawning aggregations was raised (Boyer the species along the Walvis Ridge. The species ● adoption of move-on rules for encounters with et al., 2001). A TAC of 9,000t was issued but has also been taken by a Japanese trawler on SEAFO has ruled that no directed fisheries VME species; only 2,500t of orange roughy were caught and the Valdivia Seamount in an exploratory fishery should be undertaken for deep-water sharks in ● banning the use of gillnets for fishing in the the Frankies ground was closed to assess the in 1979, along with bluemouth (Helicolenus the area because of their extreme vulnerability SEAFO Regulatory Area – agreed at the 2009 impact of fishing on aggregating behavior by dactylopterus). Recent, relatively small, catches to overfishing (SEAFO Scientific Committee, Annual Meeting of SEAFO (SEAFO Commission, roughy. The TAC was further reduced to 1,200t of this species have been reported in the SEAFO 2008). 2009). in 2000/01. The fishery provided an example Regulatory Area by Russia, Cyprus, Mauritius of how uncertainty concerning stock size and and Namibia (SEAFO Scientific Committee, Protection of benthic marine ecosystems In 2006, SEAFO decided to divide the Regulatory appropriate catch levels can lead to rapid 2008). Area into areas and subareas, with the latter depletion in a new deep-water fishery based SEAFO is a relatively new RFMO faced with a encompassing seamount areas thought to be on a low-resilience species. Patagonian toothfish(Dissostichus very large area of ocean and with extremely ecologically sensitive (Fig. 35; SEAFO Scientific eleginoides) limited knowledge of benthic ecology and Committee, 2006). In the high seas, orange roughy were fished on Longline fisheries for Patagonian toothfish the presence of VMEs within the region. It the Walvis Ridge in the 1990s but little explicit are regarded as one of the most valuable in information on catches or landings is available the SEAFO Regulatory Area. Catch figures are for this fishery. SEAFO has noted that fisheries available from Japan and Republic of Korea for for orange roughy in the SEAFO Regulatory this species, with fishing in some years also Area are unmanaged and that sufficient data recorded for the EU (Spain). SEAFO initially set a do not exist for a meaningful assessment of precautionary catch limit of 260t of Patagonian Ascension stock size or appropriate levels of exploitation. toothfish for 2009, a level higher than the 1 Because of the vulnerability of orange roughy to reported yearly catches of the species within the 2 overexploitation, SEAFO has set precautionary SEAFO Regulatory Area in recent years (SEAFO A1 ANGOLA TACs of 50t for the entire SEAFO area for 2010 Scientific Committee, 2008; SEAFO Scientific (SEAFO Commission, 2009). No catches were Committee, 2009). For 2010, SEAFO reduced St Helena identified for recent years (since 2005) for this the quota to 200t (SEAFO Commission, 2009). species from the SEAFO Regulatory Area. NAMBIA Deep-Sea red crab (Chaceon spp.) 3 Alfonsino (Beryx spp.) The main species of deep-sea red crabs in the 4 Alfonsino have been fished in the southeast SEAFO Regulatory Area is Chaceon maritae, B B1 Atlantic Ocean since the 1970s when Soviet which occurs along the west coast of Africa, 5 vessels targeted this and other species on the but other species also occur. Deep-sea red 6 SOUTH Vavilov Ridge (Clark et al., 2007). In 1978 about crabs are fished using pots, particularly in area AFRICA 7 4,200t of alfonsino and cardinalfish(Epigonus Division B1, which borders the Namibian EEZ C1 denticulatus) were caught on Udachnaya and which includes several seamounts, e.g. Tristan da Cunha Seamount but the fishery declined until the Valdivia Bank, Maloy and Ewing. They are also C 9 8 10 1990s when trawlers took mixed catches of fished further south in Division D1. SEAFO has Gough 500–1,300t per year (Clark et al., 2007). recommended precautionary catch limits of 11 Fisheries for alfonsino still continue in the 200t for Division B1 and 200t for the rest of 12 SEAFO Regulatory Area and, recognising that the the SEAFO Regulatory Area. Recent catches of EEZ 13 species is vulnerable to overfishing because it crab by Japanese vessels alone have exceeded D D1 forms easily targeted aggregations, SEAFO has 500t for the SEAFO region (2007 figures; SEAFO set a precautionary TAC for the area of 200t Scientific Committee, 2008). Figure 35. Map showing SEAFO Regulatory Area divisions and subdivisions, with protected seamounts indicated: 1. Dampier Seamount; 2. Malahit ; 3. Ewing Bank; 4. Valdivia Bank; 5. Molloy Seamount; 6. Vema Seamount; 7. Wust Seamount; 8. Africana Seamount; 9. Schmidtt- (SEAFO Scientific Committee, 2008; SEAFO Ott and Erica Seamount; 10. Panzarini Seamount; 11. Discovery Seamount, Junoy Seamount and Shannon Seamount; 12. Schwabenland Commission, 2009). Information on catches of other species in Seamount and Herdman Seamount (SEAFO Commission, 2006 – note: closed area 13 not identified in Commission report). the SEAFO area is poor and/or indicates that

52 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 53 The SEAFO Fisheries Commission requested labiatus, Gadomus capensis and Nezumia to bottom fishing, including Molloy, Discovery, of flag states to provide SEAFO with data, that consideration be given to opening a small brevibarbata. Other species included the shark Junoy, Shannon, Schwabenland and Herdman including historical data, on catches, discards proportion of each of these seamounts to fishing Etmopterus brachyurus and orange roughy. A Seamounts. However, it was viewed as possible and areas of fishing. This lack of information (SEAFO Commission, 2007) but subsequently deeper assemblage, roughly corresponding to that these vessels were fishing for non-SEAFO is insufficient for effective management goals it was agreed that this should only occur after the 900–1,300m zone, included Alepocephalus species and no further investigation of these and targets and therefore SEAFO has only set mapping the geomorphology to identify VMEs productus, Coryphaenoides striaturus and fishing activities has been presented. precautionary TACs for many of the species (SEAFO Fisheries Commission, 2008). It was the warty oreo (Allocyttus verrucosus). The within the Regulatory Area. also conditional on an assessment of the deepest stratum included some species The move-on rule ● There is currently no information available sustainability of such fishing operations on from stratum three but also others such as on how effective the regulation of deep-sea target species and of the potential for damage Bathysaurus ferox and Bathygadus favosus. A SEAFO adopted a protocol for encounters with fisheries by SEAFO has been in preventing to VMEs present within the area (i.e. an impact comprehensive list of species caught at the VME species in Conservation Measure 12/08. overfishing. Several nations fishing in the assessment of the fishery; SEAFO Commission, seamounts is presented (Navarro et al., 2008), This measure adopts the same threshold levels area (e.g. South Korea and Japan) have not 2008). which includes commercial and potential by- as the old NEAFC and NAFO threshold: 100kg ratified the Convention and Japan is currently catch species characterised by low productivity of live coral and 1,000kg of sponges. These exceeding recommended TACs for deep-sea Alongside this modification of the rules regarding and low resilience to exploitation. Biological levels have already been discussed in relation red crab. closed areas, Spain has undertaken a joint characteristics of some of the commercial or to NEAFC and NAFO as having little conservation expedition with Namibia to map the Valdivia important species on the seamounts were also value given the current knowledge on distribution (iii) To ensure that if fishing activities have SAIs Seamounts and Ewing Bank. This expedition recorded (length frequency, length/weight ratio, of VMEs in the deep sea. In 2009, these they are managed to prevent such impacts, surveyed the multibeam of these reproductive characteristics, sex ratio). threshold levels were revised downwards in line including through closing areas to bottom seamounts, producing maps of Ewing Bank, with NEAFC and NAFO to 60kg of corals and fishing where VMEs are known or likely to Valdivia North Seamount, Valdivia Central The Expedition Report includes new information 800kg of sponges (SEAFO Commission, 2009; occur, or not authorised to proceed. Seamount, Valdivia West Seamount and on the geomorphology, physical oceanography note: there is a mistake in this report suggesting ● SEAFO has acted rapidly to protect some Valdivia South Seamount. Trawl surveys were and invertebrate and fish communities 60kg of sponges and 800kg of corals). SEAFO localities that are likely to host VMEs within also undertaken on these seamounts and associated with the Ewing and Valdivia Bank stated that in 2010 the levels will be revised the Regulatory Area. data collected on both the fish fauna around seamounts. It was also aimed at identifying according to a more rigorous determination of ● SEAFO has also adopted a number of other the seamounts and the benthic fauna retained “bioconstructions associated with seamounts appropriate threshold levels and VME indicator measures to protect VMEs and species, by the trawls. On Ewing Bank the expedition as potential vulnerable marine ecosystems species for the SEAFO region. Triggering the including the banning of gillnetting and recovered about 7kg of benthic invertebrates, that could be damaged by fishing gears”. It current threshold requires a fishing vessel to requirements for impact assessments before including mainly sea urchins (Hygrosoma concluded that the trawl samples presented move 2nm away from the end of the trawl tow any fisheries can commence in closed areas. pertersii) and hermit crabs, with an associated no evidence of potential VMEs. This statement or longline set and to report the encounter to ● VMS data suggest evidence of non-compliance zoanthid. Bamboo corals were also recovered does not address the limitations of fish trawls in the Scientific Committee, which then makes an of states in respect of SEAFO closed areas. (González-Porto, 2008). Trawls on Valdivia Bank sampling benthic fauna (see discussion of the annual assessment of the likely occurrence of recovered over 11,000 specimens of benthic move-on rule in the Northeast and Northwest VMEs within the Regulatory Area. (iv) To establish and implement protocols to animals weighing about 32kg, including a very Atlantic Ocean sections of the report). It also cease fishing where an encounter with VMEs large number of hydroids and large biomass of suggests that the definition of VMEs in this Conclusions occurs during fishing activities and to report sea anemones as well as other taxa including case is narrow, as samples from Valdivia such encounters so that appropriate measures sea stars (Echinaster reticulatus) and sponges Seamount comprised very large numbers of (i) Conduct assessments of whether bottom can be adopted with respect to that site. (González-Porto, 2008). erect hydrozoan colonies, sponges and large fishing activities have SAIs on VMEs. ● The current move-on rules for SEAFO are sea anemones that may be indicative of the ● SEAFO requires that impact assessments are based on high threshold levels unlikely to The Expedition Report identified four main presence of VMEs (and are included in the VME undertaken prior to fisheries commencing in trigger a VME-encounter action. No scientific communities of fish that occurred in different indicator species guides in other RFMOs such areas currently closed to fishing because of bases for these threshold levels are given. In depth-zones of the seamounts (Navarro et as CCAMLR). The SEAFO Scientific Committee the risk of SAIs on VMEs. 2009, SEAFO reduced the threshold levels in al., 2008). The most representative fish of also agreed that “few conclusive results were line with NEAFC and NAFO and have stated the shallowest depths (200–500m depth) obtained” (SEAFO Scientific Committee, 2008). (ii) To implement measures in accordance with that they will revise these further following an were bluemouth (Helicolenus dactylopterus) the precautionary approach, ecosystems analyses of appropriate threshold levels for and pelagic armourhead or boarfish The SEAFO Scientific Committee (2008) received approaches and international law and to VME indicator species. (Pseudopentaceros richardsoni). From the VMS data over 2007 and 2008 for vessels pot sustainably manage deep-sea fish stocks. depth-zone 800–1,100m various macrourid fishing for crab and longlining for Patagonian ● The level of information for catches of deep- species were found, including Bathygadus toothfish and other species. There was evidence sea species on the high seas of the SEAFO favosus, Cetonurus globiceps, Coelorinchus of fishing by these vessels in areas closed Regulatory Area is sparse because of a failure

54 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 55 NORTH PACIFIC OCEAN The high seas area that comprises the NPFC seamounts, where it is targeted by bottom one year. They recruit back to seamounts and The North Pacific is the most important area under negotiation includes the Emperor trawl fisheries. The life cycle of armourhead is juveniles are thought to occur above and around area in the world in terms of marine capture Seamount Chain that extends from the Aleutian unusual. The larvae and post-larvae disperse the seamounts, while adults are benthopelagic. fisheries with about 24.7 million tonnes of Island Chain in the north 2,000km to the away from seamounts in the surface waters of Fish mature at three to four years and live about fish landed in 2006 (FAO, 2009). Important Hawaiian Ridge (Figs. 36, 37). This area was the temperate and sub-Arctic Pacific and return 15 years. There was a recent assessment of commercial species in the region include one of the first regions of the world to be after around two years to the seamounts where alfonsino stocks in the North Pacific, Emperor Japanese anchovy (Engraulis japonicus), subject to deep-sea fisheries that targeted they stop growing and reproduce annually, Seamounts region (Fisheries Agency of Alaska pollock (Theragra chalcogramma) the seamount-associated slender or pelagic gradually becoming emaciated before dying Japan, 2008: Appendix C). This analysis was and large-head hairtail (Trichiurus lepturus; armourhead, Pseudopentaceros wheeleri. after four to five years (Boehlert & Sasaki, complicated by possible changes in the patterns FAO, 2009). Until recently no RFMO existed Initially, large catches of this fish were taken 1988). Thus, seamount populations are of fishing, changes in catchability of the species to regulate fisheries for non-highly-migratory (133,000t in 1969 by Russia; Sakiura, 1972; maintained largely through recruitment from over time and potential interactions between and non-anadromous species on the high seas 200,000t by Russia and Japan in 1973; Clark juveniles originating in a different geographic alfonsino and armourhead. However, the overall of the North Pacific Ocean. In 2006, Japan, et al., 2007) and catches were maintained at region. Armourhead have not been assessed picture is of a decline of alfonsino stocks over Russia, South Korea and the USA initiated 20,000–30,000t until 1976, when there was a in the North Pacific since the early 1990s time (NOAA, 2008). At the end of 2007 the negotiations to establish a new RFMO to dramatic decline in the fishery (800,000t taken and at present the status of the fish stock is fishing nations party to the NPFC negotiations regulate fisheries in this area, known as the in total; Clark et al., 2007). Most catches of unknown and insufficient data exist to identify decided to freeze fishing effort to current levels North Pacific Fisheries Commission (NPFC). armourhead were taken on Kinmei, Milwaukee, a sustainable level of exploitation. NOAA and to only allow fishing south of 45oN (North The new RFMO is still under negotiation, Colahan and Hancock Seamounts (Clark et (2008) recommends a new assessment of the Pacific Fisheries Commission, 2007). Alfonsino although interim measures to manage high al., 2007). Effort in the fishery then switched armourhead stock in the North Pacific but the are overexploited in the region and recent seas bottom fisheries in the northwest Pacific to alfonsino and oreos, although there were situation is complicated by the highly episodic analyses indicate a significant reduction in were adopted in 2007 in response to UNGA abrupt sporadic increases in armourhead nature of recruitment in this species. There is, fishing effort will be required (Fisheries Agency Resolution 61/105. No interim measures have catches from time to time. Thus the fisheries therefore, no current international management of Japan, 2008: Appendix C). been adopted for bottom fisheries on the high have been characterised by a switch between plan for pelagic armourhead. seas of the northeast Pacific. Vessels from these species over the last 30 years, although Other target and by-catch species Japan, South Korea and Russia engage in high catches of oreos and especially alfonsino never Alfonsino (Beryx splendens) Reporting on catch of other species by Japan seas bottom fishing in the northwest Pacific. approached the landings levels of armourhead. This species is considered vulnerable to is very limited and appears to be mainly broad Initial catches in the alfonsino fishery are not overexploitation because it forms aggregations alfonsino (Beryx decadactylus; Fig. 38), mirror well recorded, rarely exceeding a few hundred around seamounts. In the North Pacific region, dory (Zenopsis nebulosa) and cardinalfish tonnes annually, but total Pacific catches are alfonsino are thought to spawn in summer (Epigonus denticulatus and Epigonus thought to be in the region of 80,000t (Clark and disperse away from seamounts for about atherinoides). Of these, Beryx decadactylus has et al., 2007). In the mid-1960s precious corals were discovered on Milwaukee Bank and along the Emperor Seamount Chain. A substantial Figure 37. tangle-net fishery forCorallium secundum was North Pacific soon developed by Japan and Taiwan, with an Fisheries estimated removal of 150,000kg in the late Commission 1960s; within a few years, however, the fishery region had declined drastically (Humphreys, 2008). showing the Nonetheless, by 1983 70 percent of the world’s position of catch of red coral came from this area; in part fished and this resulted from the discovery of a slope- unfished dwelling Corallium sp. that yielded 200,000kg to seamounts. the fishery in 1980 alone (Grigg, 1982). These tangle-net fisheries were highly destructive, but this method has been replaced by submersibles and ROVs in and around Hawaii. Statistics on the coral fisheries are very poor with respect to amounts, locations and by-catch, but serious impacts on VMEs are known to have occurred (Humphreys, 2008).

Management of fisheries for deep-sea species of low productivity

Pelagic armourhead (Pseudopentaceros Fig. 36. NPFC RFMO Map (Zoomed) wheeleri) This species typically aggregates around

56 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 57 undergone a major decline, while catches of all are nonetheless taken in other fisheries as (Humphreys, 2008). Those that have display the other species have declined, although their by-catch (e.g. in the longline fishery for sablefish, great faunal diversity (De Forges et al., 2000). current status is unknown (Fisheries Agency of Anoplopoma fimbria; Rodgeveller et al., 2010). Japan, South Korea, Russia and the USA (which, Japan, 2008: Appendix F). However, examination Data are poor, but estimated by-catch of all unlike the former three countries, does not of fish in research trawls from the early 1990s grenadiers (mostly giants) from Alaskan waters have any vessels bottom fishing on the high and those reported from gillnet catches has been 10,000–21,000t annually since 1997 seas) have undertaken impact assessments indicates a high diversity of potential by-catch (Clausen, 2008). for the Emperor Seamounts region. All these species, including deep-water sharks. Species assessments appear to draw heavily from identified includeA llocytus verrucosus, Antigonia Biological studies of these fish have only Japanese work. Seamounts are well-known capros, Antigonia spp., Argyropelacus aculeatus, recently begun, but the fish seem no different localities where VMEs are likely to occur, Benthodesmus pacificus, Brama japonica, Figure 39. Deep-water sharks, Etmopterus cf pusillus. from other grenadiers, i.e. slow-growing, late- including, particularly, corals because of the Callionymidae, Chascanopsetta prorigera, Note, large specimen has squid in mouth. © Alex Rogers maturing (age at first maturity 15–36 years), availability of hard substrata and the occurrence Chaunax sp., Chimaera spp., Chlorophthalmus long-lived (58 years for giants), and hence of strong currents that carry a supply of food to sp., Congriscus megastomus, Cookeolus In this region, Russian gillnet vessels target can be considered de facto vulnerable and suspension-feeding organisms (Rogers, 1994; japonicus, Decapterus tabi, Emmelichthys oreo (Allocyttus verrucosus), mirror dory and susceptible to overfishing (Rodgevelleret al., Rogers et al., 2007). The Emperor Seamounts struhsakeri, Erilepis zonifer, Etmopterus pusillus alfonsino, while longliners target rockfish 2010). There are concerns even now because have been well-known for some time as a rich (Fig. 39), Evoxymetopon spp., Helicolenus (primarily Helicolenus spp.), alfonsino, pelagic the by-catch, which is discarded and presumably source of precious corals. However, it is likely spp., Hyperoglyphe japonica, Hoplostethus armourhead, skilfish(Erilepis zonifera) and dies, is mostly large females that are segregated that bottom fishing, including the high seas crassispinus, Lophiomus miacanthus, grenadiers (Coryphaenoides spp.). The from the males and most abundant at depths bottom drag fishery, which targeted precious Macrorhamphosus sp., Macrouridae, Malthopsis Russians also maintain a pot fishery for tanner where sablefish and Greenland halibut are corals in previous decades, will already have spp., Meadia abyssalis, Microstomus shuntovi, (Chioniocetes tanneri), red (Chaceon spp.) sought (Clausen, 2008). While grenadier stocks heavily impacted many areas (Humphreys, Moridae, Myctophidae, Parabothus coarctatus, and snow crab (Paralomis spp.). Significant are likely to be found predominantly within EEZs, 2008). The impact assessment undertaken by Parapercis spp., Parazen pacificus, Pentaceros by-catch from trawl fisheries includes sharks it may be possible that in the future a fishery Japan for the Emperor Seamounts comprised japonicas, Physiculus spp., Plectranthias but there are no data on by-catch from the could develop for these species in the high ROV surveys, camera drop surveys and an kelloggii, Polymixia japonica, Promethichthyus gillnet fishery. Longline by-catch species include seas. assessment of snagging points for nets on the prometheus, Satyrichthys engyceros, Scorpaena escolar (Lepidocybium flavobrunneum), wahoo seabed (interpreted as resulting from fishing spp., Sebastidae, Sphoeroides pachygaster, (Acanthocybium solandri), dorado (Coryphaena Protection of benthic marine ecosystems gear being caught on corals). Some records of Squalus mitsukurii, Symphysanodon maunaloae, hippurus), grenadiers (Coryphaenoides spp.) coral by-catch have also been presented but Thyrsitoides marleyi, Zenion japonicum and codling (primarily Physiculus spp.). Catches The Pacific is very rich in seamounts but less these only refer to the presence of coral in (Fisheries Agency of Japan, 2008: Appendices of ‘other’ species are substantial on Russian than 1 percent have been adequately surveyed catch and no quantitative data are available. A, B, F). Some of these species are mid-water vessels, indicating that the fisheries are catching pelagic fish and not relevant to UNGA Resolution a mix of species. No real trends can 61/105 and only a few are large enough and be identified in catch data. Figure 41. Koko Seamount showing incidence of net hang ups. Snagging of abundant enough to be of any potential interest nets occurred on Koko Seamount more than any other seamount for which to fisheries. Sharks are of particular concern as Grenadiers (Macrouridae): A future fishery? there was records. they are low-productivity benthic species that, The seamount fisheries have been of most even if not targeted, are especially vulnerable to interest in the region, but recent interest has gillnets and longlines, which are commonly used focused on the continental slopes, where two in the region for fishing. The dominant catch grenadier species are potentially the target of on the Emperor Seamounts by a South Korean significant bottom trawl fisheries in the future. longliner was 65 percent composed of sharks The popeye (Coryphaenoides cinereus) and giant (Republic of Korea, 2008). (Albatrossia pectoralis) grenadiers are large fish and both abundant and widespread on the slope from Alaska through Russian waters to Japan. The giant grenadier can exceed 2m in length and 35kg in weight. Its flesh is quite watery, so it has not met with much favour in the market to date. Surveys indicate that stock size could be of the order of 800,000t in the Eastern Bering Sea; 1,500,000t in the Gulf of Alaska; and 2,000,000t off the Aleutian Islands (Clausen 2008); with perhaps 1,000,000t in the Sea of Figure 40. Koko Seamount showing video survey stations undertaken Okhotsk (Tuponogov et al., 2008). Because of its by the Fisheries Agency of Japan (2008: Appendix H). Octocoral abundance, it is likely that the giant grenadier is gardens were observed at Stations 12 and 15 and Corallium at important in the slope ecosystems of the North Station 11. The proposed protected area is shown in cross-hatch. Figure 38. Broad alfonsino, Beryx decadactylus. © Alex Pacific Ocean (Rodgevelleret al., 2010). There is Rogers no directed grenadier fishery in Alaska but they

58 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 59 During the late 1980s to early 1990s, NOAA high abundance of organisms close to the edges deep-sea benthic ecosystems and where the allowable depth of bottom fishing to surveys found only sparse patches of octocorals, of the summit (Rogers, 1994). data on effort and catches for some fisheries 1,500m. presumably the remnants from overfishing are lacking. Even where there is evidence ● Coral fishing is reported as continuing on the (Humphreys, 2008). The Japanese and other impact assessments of the presence of species associated with Emperor Seamount Chain. by fishing nations in this region have proposed a VMEs, interpretation of data has not been ● Comparison of the Emperor Seamount benthic The Fisheries Agency of Japan (2008: Appendix zone protected from fishing on Koko Seamount precautionary nor is it in line with studies communities with those of the Antarctic M) has also reported recent sightings of to protect the single locality at which Corallium elsewhere on what constitutes a VME (see continental slope is misleading and does not Taiwanese vessels fishing for coral, indicating was observed (Station 11; Fig. 40). This has text and Section (iii) below). reflect the work done to quantify densities of that the precious coral fishery is still operating little conservation value for the identified ● The impact assessments conclude that in octocorals in RFMOs elsewhere (e.g. North and potentially damaging VMEs present on the octocorals garden VMEs on the seamount. general SAIs to VMEs do not exist. Atlantic, northeast Pacific; Stone, 2006; Emperor Seamounts. Data were also obtained from other seamounts WGDEC, 2007; Edinger et al., 2009; Rogers et in the Emporer Seamount Chain, including (ii) To implement measures in accordance with al., in press). Observations Yuryaku, Kammu, Colahan, Jimmu, Suiko, the precautionary approach, ecosystems ● The seamounts investigated are likely to Showa and Youmei Seamounts. Corals were approaches and international law and to have been heavily impacted by fishing. Where Information from the Japanese ROV and present on these but not as abundantly as on sustainably manage deep-sea fish stocks. remnant populations of corals and other camera surveys indicates the presence of Koko Seamount. However, sampling effort was ● The new RFMO is still under negotiation VME species exist, area closures should octocoral garden communities on the Koko extremely low for some sites, comprising just a although interim measures to manage high be established to allow for some degree of Seamount, which has historically been the few camera drops in some cases. The variability seas bottom fisheries in the northwest Pacific regeneration. focus of significant fisheries for precious in coral densities both within a single seamount have been adopted. ● Current impact assessments are not adequate corals. Octocoral gardens are classed as and on the different seamounts in this study ● The pelagic armourhead fishery has been to identify VMEs along the fished seamounts VMEs. The Japanese impact assessment for is striking. Studies so far are not sufficient severely depleted over the last 40 years yet of the Emperor Seamount Chain and there trawling states that despite aggregations of to support the conclusion that there were no there is no stock assessment for the species. have been no analyses of fisheries data to corals existing at Stations 12 and 15 on Koko VMEs on other seamounts of the Chain. Some ● Alfonsino is overexploited but current identify where fishing activities are taking Seamount (Fig. 40), it is “not possible to reach photographs indicate heavily trawl-impacted management plans (aimed at maintaining place on fished seamounts. Given the lack any conclusion they constitute VMEs”. The seabed on some of the seamounts investigated. current levels of fishing effort) do not reflect of data on fishing activities in general, such assessment notes that the FAO Guidelines on No other data are presented on the potential an accurate status of the stock. assessments are impossible. managing deep-sea fisheries on the high seas for deep-sea fishing activities to impact benthic ● For most other species, catch statistics are ● Interim measures consistent with UNGA provides no quantitative guidance as to what communities on the Emperor Seamounts. unavailable or unreliable and, therefore, Resolutions 61/105 and 64/72 are needed constitutes a VME and that the communities assessment of the effects of fishing mortality for the northeast Pacific. on Koko Seamount do not resemble extremely The move-on rule on stocks is not possible. There is no current high density stylasterid/sponge/bryozoans plan to change this situation or to plan for (iv) To establish and implement protocols to communities from the Antarctic. While this The fishing nations involved in the NPFC potential grenadier fisheries. cease fishing where an encounter with VMEs may be true, the Antarctic VMEs comprised negotiations initially adopted the NEAFC move- ● Overall, impacts on many low-productivity occurs during fishing activities and to report of stylasterids are unusually dense, probably on rule with respect to coral but have lowered species, such as sharks, cannot be assessed such encounters so that appropriate measures because of their location on the continental the threshold by-catch limit to 50kg. Points on the Emperor Seamount Chain at this time. can be adopted with respect to that site. slope of the Antarctic and the extremely high raised previously in this report with respect to ● The threshold levels set by NPFC for VME seasonal productivity of surface waters there, the move-on rules for NEAFC apply in large part (iii) To ensure that if fishing activities have SAIs encounters apply to corals only. and do not constitute any ‘normal’ benchmark to the NPFC area. There has been no attempt they are managed to prevent such impacts, ● The threshold level for corals do not take situation. Additionally, the Antarctic areas in the to identify VME communities in the region other including through closing areas to bottom into account the small size and delicate photographs referred to (Australian Antarctic than coral communities, and South Korea does fishing where VMEs are known or likely to morphology of coral colonies observed on the Division, 2008) are unlikely to have been fished not require its vessels to report encounters with occur, or not authorised to proceed. seamounts. with bottom-contact gear. Comparison with coral VMEs. ● VMEs are present on the Emperor Seamount ● Using the same threshold levels for active and garden habitats elsewhere (see discussion Chain. However, intensive historical bottom passive fishing gears does not reflect large under northeast Atlantic region; Rogers et al., Conclusions fishing, some targeting precious corals, will differences in their impact. in press) suggests that observations on Koko have heavily impacted this and other local ● Differentiating the post-VME-encounter Seamount do represent VMEs. Data on trawl (i) Conduct assessments of whether bottom seamounts. protocol between areas with a fishing hang-ups were also plotted in the Japanese fishing activities have SAIs on VMEs. ● The fishing nations involved in the NPFC history and those without does not serve assessment (Fig. 41). Some of these are ● Impact assessments have been undertaken negotiations have proposed a single protected conservation objectives. congruent with the coral gardens observed by Japan, Republic of Korea and Russia for the area on the Koko Seamount because of the ● The 2nm move-on rule is an ineffective means in the ROV footage of Koko Seamount but Regulatory Area of the North Pacific Fisheries presence of Corallium at one station. This of conserving deep-sea species because it hang-ups can occur for other reasons such as Commission. protected area does not protect the coral is difficult to identify where a VME encounter lodging of the gear on rocks or under ledges or ● The impact assessments submitted by gardens known to be present elsewhere on occurs along a tow for commercial bottom entanglement with lost fishing gear. The location Republic of Korea and Russia appear to draw seamount summit edges. Japan and Republic trawling. of the high coral densities on Koko Seamount heavily on the impact assessment produced by of Korea have proposed to prohibit their ● Some states (e.g. South Korea) are not (see photographs in: Fisheries Agency of Japan, Japan. vessels from engaging in bottom fishing on the reporting VME encounters even when a VME- 2008: Appendix H; see Fig. 40) follow a pattern ● These assessments have been undertaken high seas north of 45°N and 40°N latitude, encounter protocol is in operation in the that has been seen on other seamounts: that of in a region for which there are few data on respectively. Japan further proposes to limit RFMO.

60 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 61 SOUTH PACIFIC OCEAN taken place in the southwestern Pacific, mainly (Rogers, 1994; SPRFMO, 2007a). Orange roughy so it is unclear whether current levels of The southeast and west-central Pacific is one by Australian and New Zealand vessels, with breed in aggregations over seamounts but also exploitation are sustainable (SPRFMO, 2007a). of the most important areas of the world in the catch averaging several thousand tonnes demonstrate lengthy periods of low recruitment terms of global fish catches, mainly as a result per year (Bensch et al., 2008). These high seas to populations, sometimes lasting 10–20 years Oreos: (Allocyttus niger), of large pelagic fisheries (FAO, 2009b). The fisheries have mainly occurred in association (Koslow & Tuck, 2001; Francis & Clark, 2005). smooth oreo (Pseudocyttus maculatus), area is geographically vast and only recently with the seamounts of the Norfolk Ridge, the Overall, the extremely conservative life history spikey oreo (Neocyttus rhomboidalis), have the high seas fisheries for deep-water Northwest Challenger Plateau, the Lord Howe of orange roughy reflects low rates of natural warty oreo (Allocyttus verrucosus), family species become subject to management Rise, the Louisville Ridge and, to a lesser mortality and adaptation to life on seamounts Oreosomatidae measures. In May 2007, the countries involved extent, the Three Kings Ridge and South Tasman and other deep-sea habitats. These same In the South Pacific region, oreos occur on the in negotiating an RFMO in the region adopted Rise (Clark et al., 2007; SPRFMO, 2007a; life-history characteristics render this species continental slopes of Australia, New Zealand and a set of interim measures to implement UNGA Government of New Zealand, 2009). Some very vulnerable to overfishing, especially as it , the Tasman Sea, the Louisville Ridge and Resolution 61/105. In November 2009 an fishing has taken place in the southeastern is easily targeted by modern fishing vessels the southern Chatham Rise (SPRFMO, 2007b). agreement to establish the new RFMO, the Pacific on the Nazca and Sala Y Gomez Ridges when forming aggregations over elevated Oreos occur in deep water, close to the seabed, South Pacific Regional Fisheries Management (Clark et al., 2007). The fisheries have been topographic features. Other seamount species and are often associated with topographic Organisation, was adopted; the RFMO will conducted mainly with bottom trawls. With the also show similar characteristics and modeling features such as pinnacles and canyons. Like be established once countries ratify the depletion of deep-sea stocks, and for market studies have demonstrated that they are more orange roughy, these species aggregate around Convention (SPRFMO; Fig. 42). To date, New reasons, there has been a shift away from vulnerable to overfishing than non-seamount submarine features, making them easy targets Zealand, the Cook Islands, Chile, Columbia and trawling towards line fishing by some states, species (Morato et al., 2006; Morato & Clark, for trawlers (SPRFMO, 2007b). They were caught Peru have signed the Convention out of the 32 notably New Zealand (Government of New 2007). as by-catch in fisheries for orange roughy but are states that have participated in consultations Zealand, 2009). now targeted themselves. Like orange roughy, related to the establishment of SPRFMO. Orange roughy fisheries have typically followed oreos are extremely long-lived and slow growing, Management of fisheries for deep-sea a boom-bust pattern globally, with examples with ages up to 150 years or more (black oreo; The total reported deep-sea fish catch in the species of low productivity including stocks off Namibia, the southwest Smith & Stewart, 1994; Doonan et al., 1995), southern Pacific in 2004 was 426,112t (EEZ and Indian Ocean, and Australia (Branch, 2001; as estimated by counts of otolith rings. Genetic high seas), about 7 percent of the world’s total Orange roughy (Hoplostethus atlanticus) Lack et al., 2003). In some cases, serial studies indicate that these fish form discrete catch (Sissenwine & Mace, 2007). However, this The southwest Pacific is the main area where depletion has occurred, an example being the populations on large-scale topographic features includes most of the global catch for orange orange roughy, the iconic species of deep-water Chatham Rise within the New Zealand EEZ where such as the New Zealand and Australian slopes roughy (Hoplostethus atlanticus), a long-lived fishing, are caught. The orange roughy has a stocks were successively discovered on small and also at smaller spatial scales. species that is fished generally in aggregations very low productivity as a result of its extreme seamount features, heavily fished and then over seamounts and ridges (Sissenwine & Mace, longevity (isotopic age validation up to 150 depleted as the fishing fleet moved eastwards The major fisheries for oreos in the high 2007). Most of the high seas bottom fishing in years; Andrews & Tracey, 2007), slow growth searching for new aggregations (Clark, 1999). seas include the South Tasman Rise, the the SPRFMO Regulatory Area in recent years has rate in relation to size, and late onset of maturity Orange roughy fishing peaked in the 1990s and West Norfolk Ridge, the Lord Howe Rise, the has since declined (SPRFMO, 2007a). Most Northwest Challenger Plateau and the Louisville catches came from the Lord Howe Rise and the Ridge. The status of high seas stocks of oreos Northwest Challenger Plateau, although more are currently uncertain but are likely to vary Figure 42. Map of South Pacific showing SPRFMO Regulatory Area recent fisheries have developed on the Norfolk, (SPRFMO, 2007b). Catches have dropped (still under review; Bensch et al., 2008). Three Kings and Louisville Ridges. The status markedly in recent years on the South Tasman of the high seas stocks of orange roughy in this Rise (Clark et al., 2007). At present there are no region are uncertain and are likely to vary. The estimates of stock size in areas beyond national Tasman Sea fisheries for orange roughy are jurisdication and no management measures in depleted. Non-standardised CPUE on the Lord place for oreos, with the exception of a bilateral Howe Rise, Northwest Challenger Plateau and arrangement by Australia and New Zealand with the Louisville Ridge has declined significantly respect to the South Tasman Rise (SPRFMO, (Clark, 2004). Elsewhere in the South Pacific, 2007b). Catches are monitored by Australia and orange roughy are fished within Chile’s EEZ. New Zealand for their vessels. These stocks are also currently overfished (SPRFMO, 2007a) and were closed to fishing except for research purposes in 2006 (Clark, 2009).

At present there is no management in place for high seas stocks of orange roughy, apart from those in the South Tasman Rise region, where the fishery is subject to a bilateral arrangement between Australia and New Zealand to limit catches. At present the stock status of high Figure 43. Spikey oreo, Neocyttus rhomboidalis. © Alex seas populations of orange roughy is unknown, Rogers

62 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 63 Black cardinalfish(Epigonus telescopus) and Pacific. They are found over rough ground from (SPRFMO, 2007a). Few of the species reported ● depth-range to be fished; other cardinalfish, family Epigonidae. 200–750m depth and are often associated are presently of commercial interest. ● target species and potential by-catch; Black cardinalfish are found throughout the with seamounts (SPRFMO, 2007e). They live to ● period of intended fishing; Atlantic Ocean and in the Indian Ocean and about 25 years old and mature at 7–12 years of Protection of benthic marine ecosystems ● effort (number of vessels, number of tows, southwestern Pacific (SPRFMO, 2007c). The age. The species is caught using both bottom expected tow duration); species is long-lived, with ages being reported and mid-water trawls as well as a variety of line Prior to the SPRFMO negotiations there were no ● estimated catch and discard of target and at over 100 years, but commercial catch ages gear. Only a small proportion of the current protected areas in the high seas of the South by-catch species. are generally between 35 and 55 years. The catch comes from high seas areas (SPRFMO, Pacific. Following UNGA Resolution 61/105, species is extremely slow growing and does 2007e). Bluenose are an aggregating species, a SPRFMO Contracting Parties agreed to a set of Mapping of the intended fishing area: not mature until it is 40–50cm in length, with behaviour that can result in an apparently stable interim measures to implement the resolution ● maps of the intended fishing area; recruitment at 45 years of age. The species is CPUE over several years before a sudden decline in May 2007, including an agreement to ‘freeze ● mapping of VMEs, potential VMEs or areas benthic or bentho-pelagic, forming schools at up in catches from overexploitation (Government of the footprint’ of existing high seas bottom likely to support VMEs in the intended fishing to 150m above the seabed, particularly around New Zealand, 2009). fisheries until 2010 (SPRFMO Interim Measures, area; hills or rough seabed topography. Information on 2007). They further developed an Interim ● any other information useful in assessing likely the biology of this species in the South Pacific Foundation lobster (Jasus caveorum) Benthic Assessment Framework, followed by impacts of the fishery. region is extremely limited. This lobster is known only from the Foundation a Draft Bottom Fishery Impact Assessment Seamounts and has been fished sporadically Standard (DBFIAS). These measures established Scoping of issues of concern: Black cardinalfish are taken as by-catch in (SPRFMO, 2007f). Other fisheries forJasus spp. standards for environmental impact assessment ● potential impact of the fishing activity, fisheries for orange roughy, as with oreos, and on seamount localities have resulted in rapid of deep-sea fisheries on the high seas and including all gear types; also alfonsino. The largest catches have come depletion of stocks. No management is in place included consideration of the move-on rules ● the risk of loss of fishing gear. from the northern Challenger Plateau and the for this species on the high seas. Other lobster for fishing vessels. The DBFIAS has been Lord Howe Rise. There is no information on fisheries also probably take place in the South criticised by some member states (e.g. Chile), Assessment of: the status of stocks of black cardinalfish on Pacific Ocean but there is very little information while others have adopted their own move-on ● intensity or severity of impacts; the high seas and fisheries are unmanaged. available on these fisheries (SPRFMO, 2007f). rules along with their impact assessments ● how long the impacts are likely to last; Some experimental trawl fisheries in the 1970s (e.g. Spain). Efforts to establish and act upon ● spatial extent of impact compared to the on the Louisville and Geracyl Ridges caught Other species environmental impact assessments by New spatial extent of the VME; other cardinalfish species, includingEpigonus A number of other species have been subject Zealand have met with opposition from the ● cumulative impact. pectinifer, Epigonus denticulatus, Epigonus parini to targeted fishing or are taken in the high deep-water fishing industry (Government of New and Epigonus geracleus, and estimates at that seas area of the South Pacific (Clarket Zealand, 2009). Overall assessment of the risk time suggested substantial stocks in these al., 2007; Government of New Zealand, areas (Clark et al., 2007). There was some 2008b, 2009). These include pink mao Pending the adoption of the final Bottom Fishery Interactions with VMEs: fishing on the Geracyl Ridge in the 1970s and mao (Caprodon longimanus), armourhead Impact Assessment Standard, the DBFIAS ● what interactions will occur between the early-1980s and the Louisville Ridge has been (Pseudopentaceros richardsoni and Pentaceros serves as the standard for impact assessments fishing gear used and VMEs; targeted for other species (Clark et al., 2007). japonicus), ruby snapper (Etelis carbunculus for all bottom fisheries in the SPRFMO ● what is the probability of interaction, its likely and Etelis coruscans), southern blue whiting Regulatory Area down to 2,000m, based on the extent and its magnitude; Goldeneye perch or alfonsino (Beryx (Micromesistius australis), grenadiers (e.g. assumption that the deepest depths fished were ● what are the characteristics of seabed splendens) Caelorhinchus australis), ribaldo (Mora moro), 1,500m (SPRFMO, 2008). However, it is known habitats likely to be impacted; As described previously, this species is giant boarfish (Paristiopterus labiosus), bass that fishing now takes place down to 2,200m in ● what is the diversity of the fished ecosystem vulnerable to overfishing as a result of its or hapaku (Polyprion oxygeneios, Polyprion areas such as the Antarctic, so that assumption and likely impacts on diversity of the fishing aggregating behaviour. In the South Pacific, americanus), tarakihi (Nemadactylus spp.), is not correct on a global scale. The interim activity; alfonsino are found on outer continental shelves, gemfish (Rexea spp.), kingfish (Seriola lalandi), measures adopted in 2007 required all member ● what is the spatial scale, duration of impact the slope and on ridges and seamounts. The toothfish (Dissostichus spp.), rock cod states to prepare a benthic impact assessment and cumulative impacts; majority of catches of this species during the (Helicolenus spp.), red snapper (Centroberyx of their bottom fisheries regardless of scale or ● are there any other threats associated with the period 1969–2004 came from the South Pacific, affinis)and sharks (e.g. Dalatias licha, Squalus previous fishing history (SPRFMO, 2008). These proposed fishing plan? although most of the catches were from inside acanthias, Galeorhinus galeus). Data on assessments were required prior to bottom EEZs (SPRFMO, 2007d). In the southwestern catches of these species are only available fishing activities taking place. So far only New Status of deep-water stocks to be targeted: Pacific significant catches of alfonsino have been from some states and include both bottom Zealand and, more recently, the European Union ● intended target and likely by-catch species; taken in high seas areas (SPRFMO, 2007d), trawl and longline fisheries. In some cases, have submitted impact assessments to the ● historic catches and catch trends in the area including on the Louisville Ridge (Clark et al., catches of these species may be very small. SPRFMO Science Working Group, and these to be fished; 2007). There are few data on the alfonsino No specific management measures are in place have been placed on the SPRFMO website for ● trends in CPUE in target and likely by-catch stocks that are fished on the high seas and there by SPRFMO for any of these fisheries on the comment. SPRFMO outlined the content of these species; are no regulatory measures in place to manage high seas at the present time (but see New assessments as follows. ● results of any surveys on stocks to be fisheries in the region (SPRFMO, 2007d). Zealand impact assessment below). Other targeted; species taken as by-catch from high seas deep- Details of proposed fishing activity: ● results of any stock assessments, if they Bluenose (Hyperoglyphe antarctica) sea fisheries include a variety of sharks, rays, ● description of vessels used; exist. Bluenose are found across the southern Atlantic, chimaerids and a number of teleost species but ● description of the proposed fishing method, southern Indian Ocean and southwestern detailed information on catches is not available including a gear plan;

64 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 65 Following this assessment, where a medium (Government of New Zealand, 2009; Penney also points out that the implementation of such sustainably manage deep-sea fish stocks. or high risk of impacts of intended fisheries et al., 2009). Overall, these closures add up analyses will require international cooperation. ● High seas deep-sea fisheries in the region on VMEs, diversity, or target/by-catch species to protection of a significant area of the deep In the meantime, fishing of low-productivity target low-productivity species using bottom is found to exist, a plan of monitoring and seabed that was potentially subject to continued species such as orange roughy will continue trawls, longlines and traps. mitigation measures is required. This plan should fishing by New Zealand vessels. New Zealand while a scientifically based harvest plan is being ● At present, no management measures are include: considers this its primary tool in protecting deep- developed. in place for high seas deep-sea bottom ● details of methods of collection of VMS data; sea ecosystems and, furthermore, potentially fisheries on target or by-catch species, with ● details of the catch and effort data collection useful for protecting not only VMEs but also non- Spain (the EU) has also submitted an impact the exception of bilateral agreements between systems; targeted by-catch species such as sharks. assessment on its gillnet fisheries in the Australia and New Zealand for fisheries on the ● details of observer coverage; New Zealand has also designed a move-on SPRFMO Regulatory Area. The document lists South Tasman Rise. ● details of any other information provided; rule for fishing vessels that encounter VME- the vessels it is fishing, the intended target ● Information on stock size, distribution, ● proposed mitigation measures to prevent or associated species. The determination of the species and the method and depth of fishing abundance, catch, and the impact of fishing reduce adverse impacts on VMEs; threshold values is based on an approach (gillnets; Government of Spain, 2008). It also for most of the deep-sea species taken in the ● proposed management measures such as similar to NAFO’s approach of examining outlines a VME-species encounter protocol high seas bottom fisheries in the region is implementation of move-on rules. by-catch accumulation curves, in this case that is identical to the old NEAFC and NAFO limited. with data from commercial trawlers taken by thresholds of 1,000kg of live sponges and New Zealand presented the first comprehensive observers rather than from fisheries’ survey 100kg of live coral (see previous discussion (iii) To ensure that if fishing activities have SAIs impact assessment of its deep-sea bottom trawls (Parker et al., 2009). The threshold value on higher threshold limits) and is at variance they are managed to prevent such impacts, fisheries in the SPRFMO Regulatory Area. The was taken from an arbitrary cut-off value of the with recommendations by SPRFMO and the including through closing areas to bottom fishing report follows the DBFIAS guidelines closely 50th percentile from the biomass accumulation government of New Zealand. Spain states that where VMEs are known or likely to occur, or not and uses a number of novel approaches, as curve of by-catch (threshold = 30kg for stony the by-catch of gillnetting vessels, which are authorised to proceed. well as those adopted by other RFMOs, in coral, 50kg for sponges and less for other coral fishing on similar features to the New Zealand ● New Zealand has established novel implementing UNGA Resolution 61/105 and classes; Parker et al., 2009). Determination of fleet, including the Challenger Plateau, is measures, including precautionary closures of the interim measures agreed by the SPRFMO a potential VME encounter considers whether insignificant in terms of VME taxa and that its approximately 40 percent of the area of the process. Under the latter, all countries agreed the threshold is exceeded as well as the number fishing operations have low or no impact. The seabed within its historic fisheries ‘footprint’ to ‘freeze the footprint’ of their bottom fishing of VME-associated taxa that are encountered, effects on target or non-target fish species by to deep-sea fishing by its vessels. However, activities until 2010. The footprint was defined regardless of weight, to take into account gillnets in the SPRFMO area are not considered the remaining 60 percent of the areas open as geographic areas measuring 20 by 20 minute impacts on species-diverse habitats (Parker et in the Spanish impacts assessment and neither to fishing within the New Zealand bottom trawl latitude and longitude ‘blocks’ of ocean space al., 2009). Such an approach was only possible are precautionary management or mitigation fisheries footprint has not been subject to an (a footprint of approximately 1,000km2 in New because of the provision of detailed observer measures. The November 2009 International impact assessment consistent with the FAO Zealand’s case), within which any bottom fishing, data on by-catch on New Zealand vessels. Meeting of SPRFMO adopted a resolution to Guidelines. including even a single tow of a trawl net, had ban deep-water gillnet fishing in the SPRFMO occurred during the period 2002–06. Together, the move-on rule and closed areas Regulatory Area. (iv) To establish and implement protocols to represent a serious attempt to implement cease fishing where an encounter with VMEs One novel aspect of the New Zealand impact the UNGA Resolution 61/105 and the FAO Conclusions occurs during fishing activities and to report such assessment was analysis of trawl records Guidelines on management of deep-sea encounters so that appropriate measures can be to identify the blocks that have been heavily, fisheries. However, the high seas areas that (i) Conduct assessments of whether bottom adopted with respect to that site. moderately or lightly fished by New Zealand remain open to continued bottom trawl fishing fishing activities have SAIs on VMEs. ● Both New Zealand and Spain adopted vessels bottom trawl fishing in the SPRFMO by New Zealand vessels may contain significant ● Only two states (New Zealand and Spain) thresholds for the triggering of a move-on Regulatory Area (Penney et al., 2009). areas of VMEs. The move-on rule is not applied have submitted impact assessments of their action for its deep-sea fishing vessels on Altogether, New Zealand identified 200 such to heavily trawled blocks. The New Zealand bottom fisheries in the South Pacific. None of encountering VME species. blocks, with much of the New Zealand fishing government’s view is that such areas are open the other states whose vessels have engaged ● The New Zealand rules included threshold effort in the high seas having been directed to fishing and that VMEs are protected by having in bottom fishing in the region have submitted weights for VME species as well as the towards seamounts. Heavily trawled blocks existing areas closed to bottom fishing. It impact assessments to the SPRFMO Science diversity of VME species within a catch. in the SPRFMO area tend to be located over remains to be seen how effective the measures Working Group. However, the move-on rules were only these features, which have been the source adopted by New Zealand will be, particularly if ● The two impact assessments that have been applicable to moderately fished or exploratory of most of the deep-water catches in the area. other states allow their vessels to fish in the carried out vary markedly in quality but both fisheries and areas that have historically been New Zealand has closed all ‘lightly’ trawled areas closed by New Zealand. New Zealand also propose that fishing takes place on stocks of heavily fished will not be subject to move-on blocks to bottom fishing, totaling 62 blocks or proposes to freeze current catches of deep- deep-sea fish species that are not subject to rules. approximately 31 percent of the New Zealand sea species such as orange roughy. However, it management, i.e. they are unmanaged. ● The Spanish move-on rules adopted an footprint, thus protecting these areas (Penney et acknowledges that this freeze in catches, based ● The New Zealand impact assessment includes encounter protocol identical to the old NEAFC al., 2009). In addition, New Zealand has closed on the 2002–2006 figures for catch, is likely most of the information required by SPRFMO. and NAFO encounter rules. The limited 20 ‘representative’ areas of the remaining 138 to exceed sustainable levels of exploitation for conservation value of such encounter rules blocks of moderately and heavily fished areas, species such as orange roughy in the SPRFMO (ii) To implement measures in accordance are discussed in the NEAFC and NAFO bringing the total closed area to approximately Regulatory Area. It proposes to undertake stock with the precautionary approach, ecosystems sections of this report. 40 percent of the footprint or some 40,000km2 assessments of such deep-sea species but approaches and international law and to

66 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 67 SOUTHWEST INDIAN OCEAN the early 1980s (Romanov, 2003; Clark et al., in areas of the southern Indian Ocean such as The Indian Ocean is globally important for 2007). These fisheries targeted shallow-water Walter’s Shoal (Shotton, 2006). New deep-water marine capture fisheries, representing more redbait (Emmelichthys nitidus) and rubyfish fisheries are developing off India, although at than 10 percent of global catches, with the (Plagiogeneion rubiginosum), with catches present it is unclear whether the latter is within western Indian Ocean most notable for recent peaking about 1980 and then decreasing into or outside the EEZ. SIODFA reports that its increases in catches (FAO, 2009b). However, the mid-1980s (Clark et al., 2007). Fishing then vessels undertake approximately 2,000 deep- it is also the region of the world where the switched to the deeper-living alfonsino (Beryx water trawl tows per year in the entire Indian highest proportion of exploited fish stocks splendens) in the 1990s as new seamounts Ocean. By-catch of fish from SIODFA fishing are of unknown or uncertain status (Kimani began to be exploited. operations in the region is reported to be small, et al., 2009), reflecting problems in fisheries especially when fishing below 500m depth management and ocean governance. Artisanal (Shotton, 2006). As with New Zealand vessels fisheries in the Indian Ocean are critical for operating in the southern Pacific Ocean, tow the livelihoods and food security of people times were typically short, with a duration of in coastal states, particularly island nations 10–15 minutes (Shotton, 2006), reflecting the such as the Seychelles. However, there is highly-targeted nature of roughy and alfonsino evidence that fish catches by the artisanal fisheries on seamounts. sector are grossly under-reported by a factor Figure 44. SWIOFC’s proposed area of competence of up to five times the FAO statistics. The (SWIOFC, 2005). Currently, little or no information is available offshore fisheries of the western Indian Ocean Mozambique, Seychelles, Somalia, and Tanzania. for the assessment of the impacts of deep-sea are rich but countries within the region have At present, SWIOFC is investigating new fisheries fishing on high seas areas of the Indian Ocean Figure 46. Pelagic armourhead, Pseudopentaceros been unable to develop the infrastructure to for deep-water species within the EEZ of on populations of either target or richardsoni (top), and alfonsino, Beryx splendens (bottom), exploit them. Distant-water fishing fleets of Mauritius or Mauritian dependencies (Nazareth by-catch species. Few scientific surveys have from the Southwest Indian Ocean Ridge. © Alex Rogers. developed countries have gained access to and St Brandon Banks; SWIOFC, 2009). SIOFA been undertaken in deep water. What little fish resources through multilateral or bilateral was opened in 2006 and signatories so far In the late 1990s a new fishery developed information there is suggests that the dominant agreements (Kimani et al., 2009). This include Australia, the Comoros, France, Kenya, on the Southwest Indian Ocean Ridge, with slope-dwelling grenadiers in sub-tropical regions situation is exacerbated by the subsidies to Madagascar, Mozambique, Mauritius, New trawlers targeting deep-water species such as are rather small (Gil et al., 2008). Reporting foreign distant-water fleets, which give them a Zealand, Seychelles and the European Union. orange roughy (Hoplostethus atlanticus), black of data from commercial fleets is complicated competitive advantage over local fishing fleets SIOFA forms the basis of a regional RFMO for cardinalfish (Epigonus telescopus), southern by issues of confidentiality in those fisheries (Kimani et al., 2009). the management of deep-sea fisheries on the boarfish (Pseudopentaceros richardsoni; Fig. where stocks may be located across a wide high seas, but that has not yet entered into 46), oreo (Oreosomatidae) and alfonsino (Clark area (e.g. the Southwest Indian Ocean Ridge) At present, two main agreements exist for the force. Delay in the implementation of the SIOFA et al., 2007). This fishery rapidly expanded, with and there is no RFMO in force to regulate southern Indian Ocean: the Southwest Indian agreement caused sufficient concern among estimated catches of orange roughy in the region fishing. At present, new fisheries are developing Ocean Fisheries Commission (SWIOFC; Fig. 44) several deep-water fishing companies operating of 10,000t, but then rapidly collapsed (Gianni, in the region with no apparent assessment of and the South Indian Ocean Fisheries Agreement in the region for them to form an association 2004). Fishing has shifted to the Madagascar resource size or appropriate exploitation levels (SIOFA; see Fig. 45). SWIOFC was initiated in in 2006 to promote technical, research and Plateau, Mozambique Ridge and Mid-Indian to ensure sustainability of fisheries. SIODFA has 2004 to promote sustainable utilisation of conservation activities to provide the future Ocean Ridge, targeting alfonsino and rubyfish reported that it is collecting data on both fishing marine living resources and was signed by the RFMO with data required for management of (Clark et al., 2007). operations and catches (tow by tow data), as Comoros, France, Kenya, Madagascar, Mauritius, deep-water fisheries (Shotton, 2006). This well as other biological information on target association is known as the Southern Indian Fishing continues along the Southwest Indian species, to feed into a future arrangement Ocean Deepwater Fishers’ Association (SIODFA), Ocean Ridge, mainly targeting orange roughy (SIOFA) when it is implemented (Shotton, 2006). formed by four companies with four deep-water and alfonsino. Recent fishing has also taken trawlers flagged to Australia, the Cook Islands place on the Broken Ridge (eastern Indian Protection of benthic marine ecosystems and Mauritius. Ocean), Ninety- East Ridge, possibly the Central Indian Ridge, the Mozambique Ridge and At present, the only initiative protecting VMEs in Management of fisheries for deep-sea Plateau and Walter’s Shoal (western Indian the high seas region of the Indian Ocean is the species of low productivity Ocean), where a deep-water fishery for lobster unilateral declaration by SIODFA of 11 Benthic (Palinurus barbarae) has developed (Bensch et Protected Areas (BPAs). The companies that Figure 45. The development of deep-sea fisheries in the al., 2008). The banks around Mauritius, within belong to SIODFA have voluntarily closed these SIOFA area of high seas of the Indian Ocean were undertaken the EEZ and high seas portions of the Saya da areas to bottom fishing or mid-water trawling competence.. by distant-water fleets of developed countries, Malha Bank, have been targeted by fisheries (Shotton, 2006). The BPAs were selected on the particularly the Soviet Union, which in the early for shallow-water snappers (Lutjanus spp.) and basis of a number of criteria including: 1970s maintained the largest distant-water emperors (Lethrinidae; SWIOFC, 2009). A new ● representivity of seabed type (e.g. seamount, fishing fleet in the world (Romanov, 2003). longline fishery has developed in the northwest slope edge, etc.); Exploratory fishing on the Southwest Indian Indian Ocean, mainly by Chinese vessels ● fishing history; Ocean Ridge, the Mozambique Ridge and the targeting deep-water longtail red snapper (Etelis ● level of pre-existing knowledge concerning Madagascar Ridge began in the 1970s by the coruscans; Bensch et al., 2008). There are also geology, bathymetry and biology; Soviet fleet and commercial trawling began in reports of unmanaged gillnet fishing for sharks ● protection of benthic communities;

68 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 69 ● protection of areas of special scientific seabed communities there and how they change impact assessments have been carried out levels of exploitation for fished stocks. It is, interest (e.g. geological features of Atlantis along the ridge. Other information will include for deep-sea fisheries in the high seas of the therefore, not possible to assess the status of Bank). acoustic data on pelagic biomass and records Indian Ocean. any stocks or species, as has been done for of birds that are potentially at risk during fishing ● The Cook Islands have published information other localities and RFMOs. Ten areas in the Indian Ocean were designated operations (particularly longline fishing); both are about vessels authorised to fish in the South by SIODFA as BPAs (the eleventh is located data deficient in the region (Shotton, 2006). Indian Ocean on the UN FAO website, as called (iii) To ensure that if fishing activities have SAIs in the southeast Atlantic) on the basis of the BPAs protect a very small area of the seabed for in UNGA Resolution 61/105 (paragraph they are managed to prevent such impacts, knowledge gathered by the members of the (Figs 47 and 48), estimated to represent 87) but have not published any information including through closing areas to bottom fishing association from various sources as well as the approximately 6 percent of the seamounts at on impact assessments or conservation where VMEs are known or likely to occur, or not research and data gathered during commercial fishable depths in the region (MCBI, 2009a). measures adopted with respect to their authorised to proceed. fishing operations. These sites include a Furthermore, models of habitat suitability in the flagged vessels; no other country currently ● The only protected areas are voluntary BPAs number of seamounts, knolls, ridges and other Indian Ocean for deep-sea stony corals indicate fishing in the region has published any declared by SIODFA. These do not provide topographic features that in some cases are that the BPAs are only likely to protect a small information whatsoever (FAO, 2010). legal protection from fishing activities by known or suspected to host VMEs as well as proportion of seamounts that may host VMEs companies outside SIODFA. populations of commercial and non-commercial (see Fig. 48), but useful observations of benthic (ii) To implement measures in accordance ● The BPAs have been set up on the basis of fish species (see Fig. 47). communities are sparse. Possible designs for with the precautionary approach, ecosystems best current knowledge of benthic ecosystems a representative network of marine-protected approaches and international law and to of the Indian Ocean by the fishing industry. At present little is known concerning the areas on the high seas in the Indian Ocean sustainably manage deep-sea fish stocks. This information, however, is extremely limited, representivity of the BPAs or whether they offer need to be evaluated on the basis of increasing ● Deep-sea fish resources in the high seas so the BPAs only cover a small percentage of protection from bottom fishing. Non-members knowledge of deep-sea ecosystems and current regions of the Indian Ocean have been the seamounts at fishable depth in the region of SIODFA are under no legal obligation to avoid ideas regarding the area and distribution of severely overexploited in the past. and the conservation value of the BPAs is fishing these areas. Currently, a collaborative protected areas that have conservation value. ● In the absence of a RFMO or interim unknown. international scientific project is underway to management measures, as called for in UNGA investigate the Southwest Indian Ocean Ridge Conclusions Resolution 61/105, deep-sea fisheries on the (iv) To establish and implement protocols to and Walter’s Shoal. This project, funded by the Indian Ocean are ongoing and unmanaged, cease fishing where an encounter with VMEs Global Environment Facility and the UK’s Natural (i) Conduct assessments of whether bottom with the exception of individual state reporting occurs during fishing activities and to report such Environment Research Council, will investigate fishing activities have SAIs on VMEs. requirements for some deep-sea fishing encounters so that appropriate measures can be the ecology and biodiversity of benthic and ● No RFMO is in operation in this region, nor vessels. adopted with respect to that site. pelagic ecosystems, including observations have the flag States whose vessels engage ● At present, there is little information on ● There are currently no encounter protocols in of birds and cetaceans, associated with five in bottom fisheries on the high seas region present deep-sea fisheries within the region operation for vessels bottom fishing in deep seamounts, from the Atlantis Bank in the north agreed to or implemented interim measures in respect of catches of target and by-catch water on the high seas of the Indian Ocean. to the Coral Seamount in the south. The project for the management of the fisheries, as called species or impacts on VMEs or on sustainable will provide direct observations on the nature of for in UNGA Resolution 61/105. Therefore, no

Figure 48. Habitat suitability modeling for stony corals on the seamounts in the Figure 47. Map of the southwest Indian Ocean. Indian Ocean showing high As can be seen, the seas areas; seamounts BPAs do protect areas of <2,000m summit depth suitable habitat, but many (green dots), seamounts other areas lie outside >2,000m depth (red dots) the protected zones (John and BPAs (John Guinotte, Guinotte, Ph.D., MCBI, Ph.D., MCBI, 2009a). 2009b).

70 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 71 SOUTHERN OCEAN seasonality, the fisheries in the Southern declaration of 200nm limits around many of the pelagic trawls. All other fisheries are based on The Southern Ocean comprises about 6.5 Ocean tend to be limited in productivity, with Sub-Antarctic Islands and the establishment of bottom longlines, although there have recently percent of the world’s oceans and is defined the exception of the pelagic Antarctic the Convention on the Conservation of Antarctic been experimental fisheries using pots. Three as having a northern boundary at a latitude (Euphausia superba). Marine Living Resources (CCAMLR; Fig 49) in main species are exploited: mackerel icefish of 60oS (Earle & Glover, 2009). However, 1982. The only finfish fisheries remaining in (Champsocephalus gunnari) and Patagonian and it is physically bounded by the Antarctic Management of fisheries for deep-sea the CCAMLR area at present are for mackerel Antarctic toothfish (Dissostichus eleginoides and Convergence, a major frontal system that species of low productivity icefish, which is taken by bottom and mid-water Dissostichus mawsoni). varies in its position but which can be located trawl fishing around Heard Island (Division as far north as 45oS. This zone, marked by a Large-scale fisheries for finfish in the Sub- 58.5.2) and pelagic trawls around South Georgia Mackerel icefish(Champsocephalus gunnari) steep gradient in temperature, separates the Antarctic/Antarctic commenced in 1969 (Division 48.3), and toothfish (Dissostichus Mackerel icefish feed on krill and in turn are frigid Antarctic Circumpolar Current from the around South Georgia and other Sub-Antarctic/ eleginoides and Dissostichus mawsoni), taken an important prey species for other predators warmer Atlantic, Indian and Pacific Oceans Antarctic Islands. Large catches were taken, with in a number of established and exploratory in the Antarctic, such as fur seals and gentoo to the north. The Southern Ocean surrounds 400,000t of marbled notothenia (Notothenia fisheries around Antarctica, mainly by longline, penguins (Kock et al., 2007). Recruitment to the Antarctic continent which, because it rossii) taken in 1969/70 and 100,000t in but also by trawl in Heard Island. Toothfish were stocks of mackerel icefish vary by up to a factor lies underneath a huge weight of ice, has an the following season by Soviet fleets. The initially fished by Russian vessels around South of 20 and in some years adult mortality can unusually narrow and deep shelf ranging from fishery then collapsed after being fished Georgia in the 1980s but the fishery was only also be high. Catch limits are set, therefore, 350–500m deep. Surrounding the continent for a couple of years (Kock et al., 2007). recently noted because there was a lack of on a two-year projection based on survey of Antarctica are a number of sub-Antarctic Other fisheries followed a similar pattern reporting in the late 1980s (Kock et al., 2007). estimates of stock size; the surveys occur islands, including the South Shetland Islands, of collapse after a short period of intense annually (Kock et al., 2007). The species is South Orkney Islands, South Georgia, the South exploitation, including those for mackerel icefish Other fisheries of note in the region included generally fished at depths of 180–400m depth Sandwich Islands, Bouvet Island, the Prince (Champsocephalus gunnari), yellow notothenia those for Antarctic krill, which reached a peak in the Heard Island fishery (MSC, 2006). In Edward Islands, Crozet Islands, Kerguelen (Gobionotothen gibberifrons), Scotia Sea icefish of 550,000t in the 1980s but fell dramatically general, although this fishery is classed as fully Island, Heard and MacDonald Islands, and the (Chaenocephalus aceratus), South Georgia with the collapse of the Soviet Union. A fishery exploited and recent TACs have been set at a Balleny Islands. These islands are generally icefish (Pseudochaenichthys georgianus), for the small mesopelagic lanternfish,Electrona very low level, the fishery is regarded as well located on large submarine features that Patagonian rockcod (Patagonotothen carlsbergii, also took place in the 1980s–1990s managed and received certification from the isolate the deep basins of the Southern Ocean, brevicauda), spiny icefish(Chaenodraco but was discontinued for commercial reasons. Marine Stewardship Council (MSC) in 2006. including the South Georgia Ridge, the East wilsoni) and grey notothenia (Lepidonotothen At present, catches in the Southern Ocean Mackerel icefish grow relatively quickly and are Scotia Ridge, the America-Antarctic Ridge, the squamifrons). Overall, by 1992, some 2.08 are a fraction of past fisheries and UN FAO short lived and, overall, the species can be Atlantic-Indian Ridge, the Southwest Indian million tonnes of fish had been extracted from views the region as one where relatively high viewed as one of intermediate productivity. The Ridge, the Crozet and Kerguelen Plateaus, the the Atlantic sector of the Southern Ocean, proportions (20 percent or more) of stocks are stock that is fished using bottom trawl gear does Southeast Indian Ridge, the South Tasman with 3 million tonnes taken from the Southern moderately or underexploited. There are plans not, therefore, fall into the scope of the FAO Rise and the Pacific-Antarctic Ridge. Large Ocean overall, not including illegal or unreported to increase the exploitation of krill for fishmeal Guidelines (2009a) because it is fished within areas of the coastal seas of Antarctica lie catches (Ainley & Blight, 2009). It has now been and pharmaceutical products (CCAMLR Review the Australian EEZ around Heard and MacDonald beneath ice shelves and more than one-half realised that this massive extraction of biomass Panel, 2008), despite evidence of krill’s key Islands and not on the high seas. of the Southern Ocean freezes each winter. has significantly contributed to the decline of position in the food chain and of declines in krill Because of the limited shelf seas, a lack predator (seals and birds) populations in the populations over time in some regions of the Toothfish(Dissostichus eleginoides and of the micronutrient iron in surface waters, Antarctic (Ainley & Blight, 2009). Such mining of Antarctic. Dissostichus mawsoni) harsh environmental conditions and extreme fisheries resources was brought to an end by the Both of these species are fished with bottom The long period of completely unmanaged longlines in the CCAMLR Regulatory Area and directed fishing in the Southern Ocean meant both are long-lived (40–50 years) and slow- that many fish stocks were encountered and growing species that reach maturity at 6-10 exploited before they came under CCAMLR years old. The fish grow to a very large size and management. Rules were initiated in 1991 move into deeper waters (up to 3,000m depth) for new or exploratory fisheries, which require as they get older (Kock et al., 2007). Aspects of that any state with vessels that intend to the life history of toothfish identify it as a low- undertake exploratory fishing activities must productivity species and declines in exploited notify the Commission in advance so that such populations suggest that it is vulnerable to applications can be assessed and management overfishing. Most of the fished stocks of Fig. 49. Map showing the measures established prior to exploitation (Kock toothfish are managed and have been fished to CCAMLR Regulatory Area. et al., 2007). These measures have prevented planned levels of biomass aimed at sustainable the further development of unmanaged directed exploitation over the long term (CCAMLR Review fisheries in recent years. Panel, 2008). The South Georgia fishery, for example, has been certified by the MSC and was All the fisheries presently targeting finfish in recertified in 2009 without condition and is the the CCAMLR Regulatory Area are deep water, first fishery to have received such unconditional with those at Heard Island including bottom and certification. In some cases, though, stocks mid-water trawl fisheries and at South Georgia, have been overexploited in the CCAMLR area,

72 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 73 a situation that has been aggravated by IUU the Antarctic and Southern Ocean Coalition three of these areas are overseas territories In some places, species information has been fishing, reflecting the difficulties in monitoring, (ASOC, 2009) and other NGOs (Moody Marine and the fisheries take place within the EEZ recorded. Macrourus whitsoni is the dominant control and surveillance of fisheries in the Ltd, 2008). These critics point out that many of the islands and so are not high seas. For by-catch species in the Ross Sea longline fishery remote Southern Ocean (CCAMLR Review Panel, aspects of the biology of toothfish in the Ross some areas, assessments on Macrourus for toothfish, averaging abut 10 percent of the 2008). This remains a problem in many areas Sea region are unknown and the species species have been undertaken and catches total catch and amounting to 480t in 2005 throughout the Southern Ocean but has reduced is vulnerable to overfishing, and, therefore, are currently within acceptable limits (e.g. (Hanchet et al., 2008). Nonetheless, commercial in recent years as a result of catch certification. management of the fishery is subject to serious Area 88.1). However, for many of the regions CPUE catches are not a good estimator of uncertainties, reflected in its continued status within the CCAMLR Regulatory Area there are abundance because these rates are shown Recent evidence suggests that the exploratory as exploratory. no fisheries-independent data on macrourid to vary markedly with vessel, area and depth. fishery for toothfish in the Ross Sea (Area populations (CCAMLR Review Panel, 2008) Standardised scientific surveys will be required 88.1) is having significant impacts on toothfish Other retained and discarded by-catch and so it is not possible to assess the overall to properly assess populations. populations, and further on the wider ecosystem species impact of fisheries on macrourid populations. through impacts on its predators of toothfish The information on by-catch from the current This is aggravated by the fact that by-catch for Skates and rays (killer whales, sperm whales and Weddell deep-water fisheries in the CCAMLR Regulatory grenadiers is not identified to species, but is (Rajiformes, Bathyraja spp., Raja spp., Bathyraja seals) and its prey (demersal fish, of which Area is patchy in respect of species, area and usually listed only as Macrouridae. Reasonable eatonii, Bathyraja irrasa, Bathyraja maccaini, toothfish can remove up to 70 percent of the the interests of the Contracting Parties of the keys to Southern Ocean macrourids are available Bathyraja meridionalis, Bathyraja murrayi, Raja annual production; Ainley et al., 2009; CCAMLR Commission (CCAMLR Independent Review, (e.g. Gon & Heemstra, 2000) but there is still georgiana, Raja taaf) Scientific Committee, 2008a). Significant 2008). CCAMLR has set catch limits on a confusion over their identification in some The other major group of deep-sea fish that are declines in catches of toothfish in long-term number of deep-water species that are likely to regions of the Southern Ocean. taken as by-catch in the bottom fisheries of the sampling programmes on the coast of the Ross be of low productivity and thus high vulnerability Sea (DeVries et al., 2007) indicate fishery- and low resilience to fishing pressure. In many Table 4. By-catch of skates Area (Existing fisheries) Rajids induced declines of toothfish populations and/ cases, such catch limits are precautionary but and rays from bottom 48.3 South Georgia 12t (19,558 released) or changes in the distribution of toothfish are based on limited scientific information. fisheries in the CCAMLR 58.5.1 Kerguelen 230t in response to fishing (density-dependent There are too few fishery-independent data Regulatory Area. 58.6 Crozet 39t behaviour). A draft document supporting the to allow an assessment of the impacts of 58.6 + 58.7 Prince Edward MSC certification of the Ross Sea fishery as fishing on non-target fish species. For new and 0t (South African EEZ) Islands. sustainable has been drawn up (Moody Marine exploratory fisheries there are by-catch limits 58.4.4 Ob & Lena Banks No data Ltd, 2008) but has been severely criticised by for skates and rays in all management areas and a by-catch limit of 20t for all other species 58.5.2 Heard Island 13t (8,586 released) Area (Existing Macrourids/ 48.1 Peninsula and South combined. If by-catch thresholds are exceeded Closed fisheries) Macrouridae for any Regulatory Areas, then fishing must stop Shetland Isls. 48.3 South Georgia 161t and the vessel responsible must move on 5nm 48.2 South Orkney Isls. Closed 58.5.1 Kerguelen 453t (CCAMLR Review Panel, 2008). 48.4 S Sandwich Isl. 4t (8,276 released) 103t (mainly Exploratory fisheries 58.6 Crozet Macrourids M. carinatus) 48.2 Crab fishery A number of grenadier species are taken 58.6 + 58.7 Prince 4t (South 48.4 Crab fishery Edward Islands. African EEZ) as by-catch in Southern Ocean fisheries for toothfish includingM acrourus carinatus, 48.6 Bouvet Is. Sector 0t (no fishing in 2007/2008 season) Bathyraja eatonii 58.4.4 Ob & Lena Banks No data Bathyraja eatonii, Bathyraja spp., Macrourus holotrachys, Macrourus whitsoni, 58.4.1 South Indian Basin 0t 58.5.2 Heard Island 71t Coryphaenoides armatus and Caelorhynchus Rajiformes 48.1 Peninsula and Closed marinii (CCAMLR Scientific Committee, 2008a). Raja georgiana, Bathyraja eatonii, South Shetland Isls. Bathyraja maccaini, Bathyraja However, much confusion exists regarding the 58.4.2 Prydz Bay 0t 48.2 South Orkney Isls. Closed identification of these species and in many irrasa, Bathyraja spp., Raja spp., 48.4 S Sandwich Isl. 16t cases they are identified simply asM acrourus Rajiformes Raja taaf, Raja georgiana, Exploratory fisheries sp. or Coryphaenoides sp. It is recognised that 58.4.3a Elan Bank 2t these are long-lived species with low productivity Rajiformes 48.2 Crab fishery (e.g. CCAMLR Scientific Committee, 2008a). Raja georgiana, Bathyraja maccaini, 48.4 Crab fishery 58.4.3b Banzare Bank 1t (155 released) Bathyraja murrayi, Bathyraja spp., 0t (no fishing in Raja spp., Rajiformes 48.6 Bouvet Is. Sector Table 3 shows the reported by-catch of Table 3. By-catch of 2007/2008 season) macrourids in bottom fisheries in the CCAMLR Raja taaf, Raja georgiana, Bathy- Macrouridae from 58.4.1 South Indian Basin 36t Regulatory Area. In many cases reported raja eatonii, Bathyraja maccaini, 88.1 Balleny Isls. 4t (7,190 released) Bathyraja murrayi, Bathyraja irrasa, established and exploratory 58.4.2 Prydz Bay 12t by-catches are below the maximum allowed Bathyraja meridionalis, Bathyraja fisheries in 2007/2008 by-catch for individual areas. By-catches of 58.4.3a Elan Bank 0t spp., Raja spp., Rajiformes (CCAMLR Scientific macrourids are highest in the South Georgia, 58.4.3b Banzare Bank 7t Committee, 2008) Crozet and, particularly, Kerguelen fisheries Raja georgiana, Bathyraja eatonii, 88.1 Balleny Isls. 112t for toothfish. Those at Kerguelen represent 88.2 Ross Sea 0t Bathyraja maccaini, Raja spp., Rajiformes 88.2 Ross Sea 17t a significant proportion of the total catch. All

74 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 75 CCAMLR Regulatory Area are skates and rays. Other species This placed CCAMLR in a unique position was not as active as other RFMOs’, such as These are low-productivity species because of Sleeper sharks, Somniosus antarcticus, are whereby states could use the Commission NEAFC and NAFO, in the designation of networks their very conservative life histories and are occasionally taken as by-catch in the Southern to refuse any proposals for MPAs that they of MPAs to protect VMEs. vulnerable to overfishing. Ocean but CCAMLR has assessed the risks to considered might presently, or in the future, this species and concluded that it is ‘low’ from affect their commercial (fishing) activities. The Recently, however, CCAMLR and CEP clarified In most areas the reported by-catch of skates longline fisheries (CCAMLR Review Panel, 2008). result of these decisions has been that, even their roles in relation to conservation and rays is low. The exceptions to this are However, deployment of gillnets by IUU vessels with the Antarctic Treaty in place, there has been activities, including the protection of the Kerguelen and Crozet, where the by-catch of in the region does pose a risk to these, and to little development of the legal means required marine environment at a workshop (CCAMLR, skates and rays is substantial. These fisheries most, sharks. to initiate a network of MPAs, even in the high 2009b). During this meeting it was agreed that take place within the EEZ of the islands and seas, and in recent years only relatively small CCAMLR and CEP would work more closely not on the high seas. Presently, measures are A variety of other species are taken as by-catch areas have been designated, mostly around on the protection of marine areas by adopting in place to assess skates that are captured in both the bottom trawl and longline fisheries overseas territories or in coastal areas (see harmonised approaches to data gathering and during fishing. If they are injured or dead they in the CCAMLR region, although generally not Fig. 50). Note that some fisheries protection designation of protected areas. The Scientific are retained on the vessel but if they are likely at the same level as macrourids, skates and measures have been directed at specific Committee of CCAMLR will in future lead to survive being returned to the sea they are cut rays and Antimora rostrata. The most significant areas of the Southern Ocean, for example the work on spatial protection and management free from the longline and the hook is removed species include the moray cods (Muraenolepis closure of the Ob and Lena Banks (seamounts; of Antarctic marine biodiversity (CCAMLR, if it can be done without damaging the animal. spp.) and various species of Statistical Division 58.4.4.) to fishing for 2009b). To this end, both communities are At present, it is unclear what proportions of and Channichthyidae but there are low levels Lepidonotothen squamifrons (Conservation adopting a unified approach in the use of animals survive capture and release, however, of catches of other species throughout the Measure 32-08 (1997); CCAMLR, 2009a). The bioregionalisation methods to identify 11 a research programme is currently in place CCAMLR Regulatory Area (CCAMLR Impact CCAMLR Review Panel (2008) identified that priority representative areas in the Southern that should produce data to help assess the Assessments, 2008). Some of these by-catches there were marked differences in views among Ocean and coastal Antarctica (CCAMLR, 2008, survival rates of released skates and rays. are limited, or the by-catch of ‘other’ species is Contracting Parties as to how to define ASPAs 2009b; CCAMLR Scientific Committee, 2008b). Large numbers are returned to the sea in limited in exploratory fishing areas. At present and ASMAs and indeed, despite the fact that This bioregionalisation approach has used a some regions (Table 4). As with macrourids, there are no assessments of the impact of CCAMLR had the power to close areas to fishing combination of oceanographic, geomorphological assessments have been made on skates fishing mortality on these species and very little for conservation purposes, little action had been and environmental data as well as information and rays for some regions within the CCAMLR is known of their relative abundance. taken. Until 2009, the CCAMLR Regulatory Area on species diversity and biogeography, to Regulatory Area but in some cases these have identify how to distribute a system of MPAs been problematic because of a lack of data Protection of benthic marine ecosystems that represent major and rarer ecosystems. and uncertainties regarding the life history and However, other approaches, for example, specific growth rates of Southern Ocean species. For In 1991, it was agreed that the Antarctic knowledge of rare or vulnerable ecosystems, most regions within the CCAMLR area there is Treaty, through the Protocol on Environmental can also be used for designation of MPAs. Two no assessment of skate and ray populations and Protection, Article 4, Paragraph 1, Annex V, bioregionalisation workshops have now taken so no way of evaluating the state of populations. would acquire the powers to designate “any place, the first in Hobart, Australia (Grant et In addition, in many areas the skates and rays area, including any marine area” as an Antarctic al., 2006) and the second in Belgium (Penhale are not identified to species; this partially Specially Protected Area (ASPA) or an Antarctic & Grant, 2007). The CCAMLR Independent reflects the systematic problems in this group of Specially Managed Area (ASMA) during the Review (2008) pointed out that there was now fish in the Southern Ocean, although reasonable Antarctic Treaty Consultative Meeting (ATCM). an urgent need to maintain momentum on keys do exist to aid identification (e.g. Gon & Annex V was adopted in 2002 and placed the designation of a network of MPAs in the Heemstra, 2000). the Antarctic Treaty in the unique position of CCAMLR/Antarctic Treaty Area and that the next being able to designate any part of the marine stage, the identification of sites for protection, is Blue hake (Antimora rostrata) environment, including the high seas within a critical one. This was acknowledged during the Little is known about this species but it appears the Treaty Area, as a marine protected area SC-CCAMLR/CEP workshop (CCAMLR, 2009b). to have undergone major declines in other (MPA). However, Annex V, Article 6, Paragraph 2 regions as a result of by-catch in deep-water stipulated that no area was to be closed without In November 2009, the UK government fisheries (e.g. northwest Atlantic; Devine et al., prior approval of CCAMLR, although this was designated a large MPA at the South Orkney 2006). By-catches of blue hake are significant later modified to include areas where harvesting Islands. The protected area, which covers in the bottom fisheries of Kerguelen and Crozet or the potential for harvesting existed, or where 94,000km2 (Fig. 51), protects a range of (45t and 49t, respectively, in 2007/08) and CCAMLR-related activities could be prevented marine habitats including shelf and seamounts it is also being taken as by-catch in Regions or restricted. Effectively, this gave CCAMLR as well as habitat for important prey species 88.1 and 88.2. Elsewhere in the CCAMLR powers of veto over any MPA in the Regulatory such as Antarctic krill and predators such as Regulatory Area it is being reported in relatively Area where Contracting Parties could make a Adélie penguins. It also protects an area where 3 Note that CCAMLR cannot low quantities as by-catch. As yet there has case that harvesting or some future possibility Figure 50. Map of Antarctica showing current protected areas, including sites on significant concentrations of VMEs have been designate ASPAs or ASMAs, been no assessment of this species in terms of harvesting existed. This meant that any located through trawl and video surveys by US although it can designate South Orkney Islands, South Shetland Islands, Palmer Archipelago, Marguerite Bay, CCAMLR protected areas, of the impact of fishing on populations and it is proposals for MPAs had to enter a process Ross Island, Beaufort Island, White Island, Granite Harbour, Edmonson Point, Cape scientists (Lockhart & Jones, 2009). The area which can subsequently be unmanaged in the CCAMLR region. Currently, the of dual consideration by the Committee for Hallett, Cape Adare, Sabrina Island, Point Martin, Pointe Geologie, Haswell Island, is protected from fishing activities and will come designated as ASPAs 3. or ASMAs by the ATCM. species is of little commercial interest. Environmental Protection (CEP) and CCAMLR Hawker Island and Rookery Island. into force in May 2010.

76 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 77 Figure 51. 3. The year for which the application is made. black corals, soft corals, sea fans, sea pens, mawsoni, macrourids, skates, modeling fishing New MPA 4. A detailed description of the fishing gear, hydrocorals, hydroids, bryozoans, crinoids, distribution vs VMEs, and ecosystem impacts south of including a diagram of gear configuration. basket stars, sea squirts, and species belonging of bottom fishing. Literature produced and cited Coronation 5. The scale of the proposed activity (number to chemosynthetic communities. New Zealand ranged from Working Group reports to papers in Islands. of hooks/lines to be deployed). also assessed the distribution of VMEs in scientific literature, all of it useful in the context 6. Subareas and depths in which fishing was to collaboration with scientists, undertaking of the Southern Ocean generally. take place. scientific surveys of the benthic ecosystems 7. Mitigation measures to reduce impacts on of the region under the CAML project (Census Australia submitted no assessment for 2009/10 VMEs. of Antarctic Marine Life, part of the Census of although it had done so in 2008/09. In the 8. Estimated spatial footprint of fishing effort. Marine Life programme). It then used fishing earlier report it stated that while the impacts of 9. A summary of potential VMEs present in the effort rather than by-catch as a conservative bottom longlining on deep-sea taxa are unknown, area of fishing. method to assess potential impacts and it was likely that only sub-lethal damage would 10. Probability of impacts. concluded, as did the UK, that overall impact occur, with some mortality a possibility. The 11. Magnitude and severity of impacts on VMEs. on seabed communities was likely to be small. report cited poor knowledge of which VME- 12. Physical and biological/ecological Future avenues of research were explored as forming groups actually occurred in the area, an consequences of impacts. well as possible mitigation measures in the argument that recurred in many of the reports Protection of VMEs 13. Previous research. fishery. Some aspects of the analyses might from Contracting Parties in both years. Australia 14. Research planned during the season. be disputed, for example the classification did acknowledge that, given the knowledge of In response to UNGA Resolution 61/105, 15. Future research. of stony corals as particularly vulnerable to the marine fauna around Heard and MacDonald Conservation Measures (CM) 22-05, 22-06 longline fishing. Most Antarctic Scleractinia Islands on the Kerguelen Ridge or Plateau and and 22-07 were adopted by CCAMLR. CM22-05 Of the Contracting Parties that completed are solitary, not colonial, forms with erect knowledge of the marine fauna located in the banned bottom trawling from the Regulatory impact assessments, New Zealand produced branching morphology. The extreme fragility of Ross Sea (Australian Antarctic Division, 2008), Area, apart from areas in which conservation the most comprehensive assessment and crinoids to physical impacts was also not taken the occurrence of VMEs in this region is likely. measures were in place for bottom trawling was the only Contracting Party that followed into account. The assessment also concluded Gorgonians are reported as common in the (Heard Island) and with the exception of the recommended pro forma for assessments that it was probably not possible to accurately Heard Island area and bryozoans form extensive scientific trawling. CM22-06 required Contracting under CM22-06 (Table 5). Its submission determine VME positions from longline data on habitats on some of the banks around Heard Parties to undertake an impact assessment provides a useful model for other Contracting by-catch, as explored in the present report for and MacDonald Islands (Hibberd & Moore, of all bottom fishing activities in areas where Parties to follow and, furthermore, offers other methods of fishing. 2009). VMEs formed by stylasterid corals and exploratory fisheries were in operation, to much background information to be used for sponges have been recently identified by the cease fishing where VMEs were encountered (in other impact assessments. Spain and the UK In 2009/10 reporting improved, with Argentina, Collaborative East Antarctic Marine Census accordance with CM22-07), to carry observers produced assessments that followed many of Japan, Republic of Korea, New Zealand, Russia, (CEAMARC) project in the region (Australian on all vessels, and to collect data related to the the recommendations of the pro forma but the , South Africa, Spain and the UK all Antarctic Division, 2008). by-catch of VME taxa. Impact assessments and assessments for these Contracting Parties providing assessments (Table 6). Still, not all other measures in CM22-06 were not required did not contain the same depth of information were complete and in many cases were quite Such studies, and the information provided in fisheries established prior to 2006/07. as New Zealand, particularly in terms of the vague. Korea, for example, stated that it would by New Zealand, suggest it is not possible to CM22-07 outlined the protocols for the move- footprint of the fishery and assessment of the comply with relevant measures but provided conclude that only negligible damage is expected on rule for CCAMLR, but again this only applies extent and ecological impacts of by-catch of no detail and failed to provide any information in areas where exploratory fishing is planned, as to exploratory or recent fisheries (those that VME species (Table 5). Australia and Japan did on impacts or future research. Japan, as it had asserted by many states’ assessments. There started after 2006/07). In addition, a previous not follow the pro forma and their assessments done in 2007/08, provided a small proportion is by now considerable evidence from various conservation measure, CM22-04 had already are not comprehensive (Table 5). No impact of what was required and its commitment to fisheries around the world that benthic longlines, banned gillnetting from the CCAMLR area. assessments were undertaken by Argentina, future research was to send a scientist to a which is what the vessels of most Contracting Chile, Republic of Korea, Russia, South Africa CCAMLR VME workshop. Argentina, Russia, Parties employ (Argentina uses pots), do Impact assessments or Uruguay despite the fact that all applied to South Africa and the UK provided fuller reports, damage to VMEs (e.g. Stone, 2006; Edinger et undertake exploratory fisheries in 2008/09 with reference to gear details, background al., 2007), and indeed by-catch has been well- Despite the requirement for impact (CCAMLR Scientific Committee, 2008: Annex 5). literature and information on research plans. documented in the South Georgia fisheries for assessments, only five of 11 states (Australia, New Zealand’s report was again the most Patagonian toothfish. The impact on sessile Japan, New Zealand, Spain and the UK) New Zealand provided an assessment of its comprehensive. It included a detailed and epibenthic fauna is less than that of bottom undertaking exploratory bottom fisheries past years’ fishing efforts and its intended sophisticated research plan with subjects trawls but damage has nonetheless been shown submitted impact assessments in 2008 fishing operations for 2008/09. This included that included specific studies, inter alia, of D. to be significant and cumulative. (CCAMLR, 2008: 5.8). Furthermore, the impact a comprehensive literature review and data- assessments varied considerably in substance gathering exercise and an ecological risk Table 5. Summary of the State 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. because several of them did not follow the pro- assessment (ERA) for the fishery, including impact assessments for the Aus Yes Yes Yes No No No No No Yes Yes No No No Yes No forma that accompanied CM22-06 when it was workshops with participants from the scientific, 2008/09 season in terms of Jpn Yes No Yes Yes No No Yes No No Yes No No Yes No No agreed. This required the following information. management and fishing industries and NGO providing information on the NZ Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes communities. These defined VMEs and then 15 aspects of the pro forma Spa Yes Yes Yes Yes No No Yes No Yes Yes No No Yes Yes Yes 1. The fishing method. identified VME indicator organisms. VME taxa for CM22-06 provided by 2. CCAMLR Division (area). included sponges, anemones, stony corals, CCAMLR. UK Yes Yes Yes No* Yes Yes Yes Yes Yes Yes No No Yes Yes Yes

78 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 79 The move-on rule to form further fine-scale habitats. Analyses, systematic and significant differences in catch the Southern Ocean region. In comparison based on the first year of operation of these data depending upon vessel, year, gear type and to other areas of oceans, stocks of targeted The move-on rule has been adopted by CCAMLR guides for identification of trigger levels for VME fisher behaviour, and level of reporting (Hanchet deep-sea species appear relatively well for exploratory fishing areas only. The measures risk areas, have indicated that they worked et al., 2008). The number of line hauls for which managed though in some cases the are detailed in CM22-07 and rely on estimating well for most taxa, although there was some fine-scale VME data was reported (by June, management of the fisheries is adversely the number of ‘VME units’ taken as by-catch confusion between hydrocorals, stony corals 2009) varied between Contracting Parties with impacted by IUU fishing (e.g. Patagonian per segment of a longline (1,000 hooks or and precious corals (red corals, octocorals; some reporting on a large proportion of line sets toothfish). The ecosystem impacts of targeted 1,200m, whichever is shorter). A single VME Parker et al., 2009). A CCAMLR workshop in and others reporting on very few or no sets. fisheries remain poorly understood. unit is 1 litre of organisms in a 10L bucket or 2009 extended the list of potential VME taxa In addition to fishing encounters with VMEs, ● By-catch of deep-sea species with a low 1kg of organisms that do not easily fit into a to include cidaroid sea urchins (pencil urchins), the Secretariat received 30 notifications productivity, particularly macrourids and bucket. However, some Contracting Parties have brachiopods, serpulid worms, barnacles from the of encounters with VMEs during research skates/rays, occurs in the bottom fisheries proposed alternative triggers for identification family Bathylasmatidae, the scallop Adamussium surveys under CM22-06. These encounters throughout the CCAMLR Regulatory Area but is of VME risk areas (e.g. 15–20 individual VME colbecki, pterobranchs and xenophyophores were reported by the USA in Division 48.1 (17 higher in some regions than others (especially taxa per 1,000 hooks; Spain and UK, Impact (CCAMLR, 2009c). notifications, seafloor depth 92–642m) and Kerguelen). Assessments). A ‘risk area’ is designated Division 48.2 (11 notifications, seafloor depth ● The understanding of the impacts of where 10 VME units are recovered from a single By June 2009, 30 notifications had been 96–252m) and by Australia in Division 58.4.1 fishing on deep-sea by-catch species varies segment of longline. Here, a radius of 1nm received by the Secretariat from fisheries (two notifications, seafloor depth 436–844m). markedly between sub-regions in the CCAMLR from the midpoint of the estimated position of operations in the 2008/09 season. These VMEs were documented with video/photography Regulatory Area and, in general, is poor. the line segment is defined as the risk area. A were from Division 48.6 (one notification; or by research trawls. ● The management of fisheries to prevent/ vessel encountering a risk area should not shoot 5.5 VME-indicator units per line segment; reduce by-catch of deep-sea, low-productivity any further lines within the risk area and has seafloor depth 880–980m), Division 88.1 (18 CCAMLR measures CM22-06 and CM22-07 species also varies markedly between sub- to report the encounter area to the flag state notifications; 5.0–68.6 VME-indicator units have been operating over a relatively short time regions. For by-catch species such as Antimora and the Secretariat. Following this action, the per line segment; seafloor depth 585–1528m) period. However, given the iterative approach rostrata no specific management is in place. area is closed to fishing. If five or more VME and Division 88.2 (11 notifications; 5.1–10.4 taken by the CCAMLR Secretariat and the units are recovered in a segment, that is also VME-indicator units per line segment; seafloor research undertaken by Contracting Parties in (iii) To ensure that if fishing activities have SAIs notified to the flag state and Secretariat. If five depth 1,272–1,694m). No notifications were exploratory fisheries, the current methods of they are managed to prevent such impacts, or more notifications of catches of five VME made for Divisions 58.4.1, 58.4.2 and 58.4.3b. assessment of encounters with VMEs would including through closing areas to bottom fishing units are recorded in a fine-scale rectangle, the Seven risk areas were identified in Divisions appear likely to improve in coming years. As where VMEs are known or likely to occur, or not Secretariat notifies all fishing vessels of the 88.1 and 88.2 and one small-scale rectangle more data become available, approaches based authorised to proceed. possibility of occurrence of VMEs within that was noted as having a risk of encounters of on accumulation curves or GIS-analyses of ● Closed areas are currently being implemented area. VMEs in Division 88.2. Trigger levels for actions density of VME encounters may prove useful in around the South Orkney Islands and where related to the closure of risk areas for VMEs are refining both the trigger levels for designation of there have been significant by-catches of VME- VMEs are defined on the basis of organisms much lower in the CCAMLR area than for other risk areas and for identifying areas with a high associated species or where research has listed in the Benthic Classification Guide. This RFMOs, including NEAFC, NAFO and NPFC. These probability of comprising VMEs. identified VMEs on the seabed. is a full-colour set of classification cards with reflect an assessment of the potential retention ● CCAMLR and the CEP are currently working photographs and defining features of VME of animals taken as by-catch when a longline Conclusions towards the establishment of 11 representive taxa noted on them. Taxa include gorgonians, encounters a VME. However, research over one MPAs around Antarctica. hydroids, stylasterids, stony corals, black season has indicated that different trigger levels (i) Conduct assessments of whether bottom corals, bryozoans, sponges, sea anemones, may be appropriate for different-sized taxa (e.g. fishing activities have SAIs on VMEs. (iv) To establish and implement protocols to soft corals, sea pens, sea squirts, stalked large gorgonians vs small hydrocorals; Mitchell ● All states fishing in the CCAMLR Regulatory cease fishing where an encounter with VMEs crinoids and basket stars. Most of these are et al., 2009), as also indicated by research Area now undertake impact assessments for occurs during fishing activities and to report such habitat-forming groups; basket stars associated by NAFO for the northwest Atlantic (WGEAFM, exploratory or experimental fishing activities. encounters so that appropriate measures can be with habitat-forming groups tend themselves 2008b). Furthermore, it is likely that there are ● Assessments are not undertaken for areas in adopted with respect to that site. which fishing has taken place historically. ● CCAMLR has initiated measures aimed at Table 6. Summary State 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. ● The quality of assessments undertaken to protecting VMEs in areas where exploratory of the impact date are variable with respect to conformity fisheries are taking place. Arg Yes Yes Yes Yes* Yes Yes* No Yes No Yes No No No Yes Yes assessments for the to CCAMLR requirements. ● Rules for identification of VME risk areas have Aus N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 2009/10 season in been implemented at a conservative level and terms of providing Jpn Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes (ii) To implement measures in accordance have resulted in the identification of some risk information on the Kor Yes Yes Yes No No No Yes No Yes Yes No No Yes Yes Yes with the precautionary approach, ecosystems areas. Research work will continue to refine 15 aspects of the NZ Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No Yes Yes Yes approaches and international law and to and improve the estimation of levels of pro forma for CM22- Rus Yes Yes Yes No No Yes* No No No No No No Yes Yes No sustainably manage deep-sea fish stocks. by-catch that signify the presence of VMEs. 06 provided by SA Yes Yes Yes Yes Yes Yes* No No No No No No No Yes No ● Historically, fish stocks in the Southern ● At present, not all states are reporting to the CCAMLR. Ocean were heavily overexploited (mined) same degree on fine-scale assessment of Spa Yes Yes Yes Yes Yes Yes Yes No Yes Yes No No Yes Yes Yes *Not all details in the 1970s and 1980s. by-catch during longline operations in UK Yes Yes Yes No Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes provided as required ● CCAMLR has been successful in ending exploratory areas. by CCAMLR. Ury Yes Yes Yes Yes Yes Yes No Yes No No No No No Yes No extreme overexploitation of fish stocks in

80 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 81 Campana, S.E., Zwanenburg, K.C.T., Smith, J.N. (1990) for the Conservation of Antarctic Marine Living Resources, 210Pb/226Ra determination of longevity in Redfish. Hobart, Tasmania, Australia, 635pp. Canadian Journal of Aquatic Science 47: 163–165. References CIESM (2006) Executive Summary. Fluid seepages/mud Carbonell, A. (co-ord.) (1997) Discards of the western volcanism in the Mediterranean and adjacent domains, Mediterranean trawl fleets. Final Report to the General Bologna 19–22 October, 2005. CIESM Workshop Directorate for Fisheries, EC DGXIV. Project MED/94/027. Monographs No. 29, Monaco, 18pp. http://www.ciesm. org/online/monographs/bologna06.pdf Abdulla, A., Gomei, M., Maison, E., Piante, C. (2008) Status Barthel, D., Tendal, O.S., Thiel, H. (1996) A wandering Carbonell, A., Martín, P., de Ranieri, S. and WEDIS team of Marine Protected Areas in the Mediterranean Sea. IUCN, population of the hexactinellid sponge Pheronema (1998) Discards of the Western Mediterranean trawl Clark, M.R. (1999) Fisheries for orange roughy Malaga and WWF, France, 152 pp. carpenteri on the continental slope off Morocco, Northwest fleets.Rapport, Commission International pour la Mer (Hoplostethus atlanticus) on seamounts in New Zealand. Africa. Marine Ecology 17: 603–616. Méditerranée 35: 392–393. Oceanologica Acta 22: 593–602. Ainley, D.G., Ballard, G., Olmastroni, S. (2009) An apparent decrease in the prevalence of “Ross Sea killer whales” Bensch, A., Gianni, M., Grébroval, D., Sanders, J.S., Hjort, Cartes, J.E., Maynou, F., Sardà, F., Company, J.B., Lloris, Clark, M.R. (2004) Descriptive analysis of orange roughy in the southern Ross Sea. Document SC/61/SM26, A. (2008) Worldwide review of bottom fisheries in the D., Tudela, S. (2004) The Mediterranean deep-sea fisheries in theN ew Zealand region outside the EEZ: Lord submitted to the Scientific Committee for the Conservation high seas. FAO Fisheries and Aquaculture Technical Paper ecosystems: an overview of their diversity, structure, Howe Rise, Northwest Challenger Plateau, West Norfolk of Antarctic Marine Living Resources, 16pp. No. 522, Food and Agricultural Organisation of the United functioning and anthropogenic impacts. In: The Ridge, South Tasman Rise, and Louisville Ridge to the Nations, Rome, Italy, 145pp. Mediterranean deep-sea ecosystems: an overview of their end of the 2002/03 fishing year.N ew Zealand Fisheries Ainley, D.G., Blight, L.K. (2009) Ecological repercussions diversity, structure, functioning and anthropogenic impacts, Assessment Report 2004/51, 36pp. of historical fish extraction from the Southern Ocean.F ish Bett, B.J., Rice, A.L. (1992) The influence of the with a proposal for conservation. Part 1 IUCN, Málaga and and Fisheries 10: 13–38. hexactinellid sponge (Pheronema carpenteri) spicules on WWF, Rome, Italy, pp. 9–38. Clark, M.R. (2009) Deep-sea seamount fisheries: a review the patchy distribution of macrobenthos in the Porcupine of global status and future prospects. Latin American Alekseyev, F., Alekseyeva, I., Zakharov, A.N. (1992) Seabight (bathyal NE Atlantic). Ophelia 36: 217–226. Casey, J.M., Myers, R.A. (1998) Near extinction of a large Journal of Aquatic Research 37: in press. Vitellogenesis, nature of spawning, fecundity and widely distributed fish.Science 281: 690–692. gonad maturity stages of the roundnose grenadier, Bjorndal, T. (2009) Overview, roles and performance of the Clark, M.R., Koslow, J.A. (2007) Impacts of fishing on Coryphaenoides rupestris, in the North Atlantic. Journal of North East Atlantic Fisheries Commission. Marine Policy Cavanagh, R.D., Gibson, C. (2007) Overview of seamounts. In: Pitcher T.J., Morato, T., Hart, P.J.B., Clark, Ichthyology 33: 32–45. 33: 685–697. the Conservation Status of Cartilaginous Fishes M.R., Haggan, N., Santos, R.S. (eds) Seamounts: Ecology, (Chondrichthyans) in the Mediterranean Sea. IUCN, Gland, Fisheries & Conservation, Fish and Aquatic Resources Althaus, F., Williams, A., Schlacher, T.A., Kloser, R.J., Green, Boehlert, G.W., Sasaki, T. (1988) Pelagic biogeography Switzerland and Malaga, Spain, vi + 42pp. Series 12, Blackwell Publishing, Oxford, UK, pp. 413–441. M.A., Barker, B.A. Bax, N.J., Brodie, P., Schlacher-Hoenlinger, of the armourhead Pseudopentaceros wheeleri, and M.A. (2009) Impacts of bottom trawling on deep-coral recruitment to isolated seamounts in the North Pacific CCAMLR (2008) Report of the twenty-seventh meeting Clark, M.R., O’Driscoll, R. (2003) Deep-water fisheries ecosystems of seamounts are long-lasting. Marine Ecology Ocean. Fisheries Bulletin of the United States 86: 453– of the Commission. Hobart, Australia, 27 October – 7 and aspects of their impact on seamount habitat in New Progress Series 397: 279-294. 465. November, 2008, CCAMLR-XXVII, Commission for the Zealand. Journal of Northwest Atlantic Fishery Science 31: Conservation of Antarctic Marine Living Resources, Hobart, 441–458. Anderson, O.F., Clark, M.R. (2003) Analysis of bycatch in Boyer, D.C., Hampton, I. (2001) An overview of the living Tasmania, Australia, 203pp. the fishery for orange roughy, Hoplostethus atlanticus, on marine resources of Namibia. South African Journal of Clark, M.R., Rowden, A.A. (2009) Effect of deepwater the South Tasman Rise. Marine and Freshwater Research Marine Science 23: 5–35. CCAMLR (2009a) Schedule of Conservation Measures in trawling on the macro-invertebrate assemblages of 54: 1–10. Force 2009/10 Season. Commission for the Conservation seamounts on the Chatham Rise, New Zealand. Deep-Sea Boyer, D.C., Kirchner, C.H., McAllister, M.K., Staby, A., of Antarctic Marine Living Resources, Hobart, Tasmania, Research I 56: 1540–1554. Andrews, A.H., Tracey, D.M. (2007) Age validation of orange Staalesen, B.I. (2001) The orange roughy fishery of Australia, 232pp. roughy and black cardinalfish using lead-redium dating. Namibia: lessons to be learned about managing a Clark, M.R., Vinnichenko, V.I., Gordon, J.D.M., Beck-Bulat, Final Research Report for Ministry of Fisheries Research developing fishery.South African Journal of Marine Science CCAMLR (2009b) Report of the Joint SC-CAMLR-CEP G.Z., Kukharev, N.N., Kakora, A.F. (2007) Large-scale Project DEE2005-02 Objective 1, 42pp. 23: 205–221. Workshop (Baltimore, USA, 3 and 4 April, 2009). distant-water trawl fisheries on seamounts. In: Pitcher T.J., SC-CAMLR-XXVIII/6 1 June 2009 Agenda Item No. 9. Morato, T., Hart, P.J.B., Clark, M.R., Haggan, N., Santos, Arbuckle, M., Atkinson, B., Germani, V. (2008) Performance Branch, T.A. (2001) A review of orange roughy Hoplostethus Commission for the Conservation of Antarctic Marine R.S. (eds) Seamounts: Ecology, Fisheries & Conservation, Review Panel Report of the North East Atlantic Fisheries atlanticus fisheries, estimation methods, biology and stock Living Resources, Hobart, Tasmania, Australia, 20pp + Fish and Aquatic Resources Series 12, Blackwell Commission NEAFC. NEAFC, London, UK, 102pp. structure. South African Journal of Marine Science 23: Appendices. Publishing, Oxford, UK, pp. 361–399. 181–203. Ardron, J.A. (2005) Protecting British Columbia’s Corals CCAMLR (2009c) Report of the Workshop on vulnerable Clausen, D.M. (2008) The giant grenadier in Alaska. In: and Sponges from Bottom Trawling. A Report by Living Breeze, H., Davis, D.S. (1998) Deep sea corals. In: marine ecosystems (La Jolla, CA, USA, 3 to 7 August Orlov, A.M., Iwamoto, T. (eds) Grenadiers of the World Oceans Society, Sointula, British Columbia, Canada, 21pp. Harrison, W.G., Fenton, D.G. (eds) The gully: a scientific 2009). SC-CAMLR-XXVIII/10 20 August 2009 Agenda Oceans: Biology, Stock assessment, and Fisheries. review of its environment and ecosystem. Canadian stock Item No. 4. Commission for the Conservation of Antarctic American Fisheries Society, Symposium 63, Bethesda, ASOC (2009) Letter to Dr Andrew Hough, Moody Marine assessment secretariat research document 98/83. Marine Living Resources, Hobart, Tasmania, Australia, Maryland, USA, pp. 413–450. Ltd from the Antarctic and Southern Ocean Coalition Department of Fisheries and Oceans, pp. 113–120. 17pp. Secretariat, Washington DC, USA, 6pp. Colloca, F., Carpentieri, P., Balestri, E., Ardizzone, Breeze, H., Davis, D.S., Butler, M., Kostylev, V. (1997) CCAMLR Impact Assessments (2008) Preliminary G.D. (2004) A critical habitat for Mediterranean fish Australian Antarctic Division (2008) Notification of Distribution and status of deep sea corals off Nova Scotia. assessments of known and anticipated impacts of resources: shelf-break areas with Leptometra phalangium vulnerable marine ecosystems in Statistical Area 58.4.1 Marine Issues Committee’s special publication number 1. proposed bottom fishing activities on vulnerable marine (Echinodermata: Crinoidea). 145: 1129– CCAMLR SC-CAMLR-XXVII/13, 26 September 2008, Ecology Action Centre, Halifax, Nova Scotia. ecosystems. Collated by the Secretariat. CCAMLR 1142. Agenda Item No. 4, Appendix N, 13pp. XXVII/26*, 24 September, 2008, Agenda Item No. 5, SC Buhl-Mortensen, L., Mortensen, P.B. (2005) Distribution and Agenda Item No. 4, 107pp. Company, J.B., Puig, P., Sardà, F., Palanques, A., Latasa, Ávilo de Melo, A., Saborido-Rey, F., González-Troncoso, D., diversity of species associated with deep-sea gorgonian M., Scharek, R. (2008) Climate influence on deep-sea Skryabin, I., Alpoim, R. (2009) An Assessment of Beaked corals off . In: Freiwald, A., Roberts, J.M. CCAMLR Review Panel (2008) CCAMLR Performance populations. PLOSone 3: e1431. Redfish (S. mentella and S. fasciatus) in NAFO Division 3M (eds) Cold-Water Corals and Ecosystems, Springer-Verlag, Review Panel Report, 168pp. Based on Revised 2005–2008 catches (Is a Retrospective Berlin Heidelberg, pp. 849–879. COSEWIC (2003) COSEWIC assessment and status report Biased Assessment Necessarily Useless in Terms of CCAMLR Scientific Committee (2008a)Report of the 27th on the cusk Brosme brosme in Canada. ScientificA dvice?). Scientific CouncilM eeting – June 2009. Campagno, L., Dando, M., Fowler, S. (2005) Collins Field Meeting of the Scientific Committee,H obart, Australia Committee on the Status of Endangered Wildlife in Serial No. N5664, NAFO SCR Doc. 09/29, 56pp. Guide to the Sharks of the World. Harper-Collins Publishers 27–31 October, 2008. Appendices D to Q Fishery Reports, Canada. Ottawa, vi + 30pp. Ltd, London, UK, 368pp. Scientific Committee for the Conservation ofA ntarctic Baker, K.D., Devine, J.A., Haedrich, R.L. (2009) Deep-sea Marine Living Resources, Hobart, Tasmania, Australia. COSEWIC (2004) COSEWIC assessment and status fishes in Canada’sA tlantic: declines and predicted recovery Campana, S.E., Joyce, W.N. (2004) Temperature and depth report on the porbeagle shark Lamna nasus in Canada. times. Environmental Biology of Fishes 85: 79–88. associations of porbeagle shark (Lamna nasus) in the CCAMLR Scientific Committee (2008b)Report of the 27th Committee on the Status of Endangered Wildlife in northwest Atlantic. Fisheries Oceanography 13: 52–64. Meeting of the Scientific Committee,H obart, Australia 27– Canada. Ottawa viii + 43pp. 31 October, 2008. SC-CCAMLR-XXVII. Scientific Committee

82 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 83 COSEWIC (2005) COSEWIC assessment and status Durán Muñoz, P., Sacau, M., Sayago-Gil, M., Patrocinio, Organisation of the UN (FAO), Rome, Italy: ftp://ftp.fao. Fossen, I., Jørgensen, O.A., Gundersen, A.C. (2003) report on the winter skate Leucoraja ocellata in Canada. T., Fernández-Salas, L.M., Murillo, F.J., Díaz del Río, V., org/FI/DOCUMENT/UNGA/deep_sea/UNGA61_105.pdf Roughhead grenadier (Macruorus berglax) in the waters Committee on the Status of Endangered Wildlife in Serrano, A. (2007) First preliminary results from ECOVUL/ (accessed 20 January 2010). off East Greenland: distribution and biology. Journal of Canada. Ottawa. vii + 41pp. ARPA (Estudio de los eCOsistemas VULnerables y los Northwest Atlantic Fishery Science 31: 285–298. ARtes de PescA): A Spanish interdisciplinary research Fisheries Agency of Japan (2008) Report on Identification COSEWIC (2007) COSEWIC assessment and status project, focused on the study of the deep-sea vulnerable of Vulnerable Marine Ecosystems in the Emperor Seamount Francis, R.I.C.C., Clark, M.R. (2005) Sustainability issues report on the roughhead grenadier Macrourus berglax in ecosystems/habitats in the Hatton Bank area (ICES XIIb and Northern Hawaiian Ridge in the Northwest Pacific for orange roughy fisheries.Bulletin of Marine Science 76: Canada. Committee on the Status of Endangered Wildlife and VIb1). Working document presented to the ICES Ocean and Assessment of Impacts Caused by Bottom 337–351. in Canada. Ottawa, vii + 40pp. Working Group on Deep-water Ecology. Plymouth (UK), Fishing Activities on such Vulnerable Marine Ecosystems or 26–28 Feb 2007. Marine Species as well as Conservation and Management Freese, J.L. (2001) Trawl-induced damage to sponges COSEWIC (2008) COSEWIC assessment and status report Measures to Prevent SignificantA dverse Impacts (Bottom observed from a research submersible. Marine Fisheries on the Roundnose Grenadier Coryphaenoides rupestris in Earle, S., Glover, L.K. (2009) Ocean: An Illustrated Atlas. Trawl), December 2008. Appendix A. List of fishes collected Review 63: 7–13. Canada. Committee on the Status of Endangered Wildlife National Geographic Society, Washington DC, USA, 352pp. by the Meisyo Maru #128 in 1993, expressed in relative in Canada. Ottawa, vii + 42pp. abundance in weight by seamount depth zone, with related Freese, J.L., Auster, P.J., Heifetz, J., Wing, B.L. (1999) Eckhardt, J.D., Glasby, G.P., Puchelt, H., Berner, Z. (1997) information, 1p. Effects of trawling on seafloor habitat and associated Costas, F., G.-, Murua, H. (2008) An analytical assessment Hydrothermal manganese crusts from Enarete and Palinuro invertebrate taxa in the Gulf of Alaska. Marine Ecology of the roughhead grenadier stock in NAFO Subareas 2 Seamount in the Tyrrhenian Sea. Marine Georesources and Fisheries Agency of Japan (2008) Report on Identification Progress Series 182: 119–126. and 3. In: Orlov, A.M., Iwamoto, T. (eds) Grenadiers of the Geotechnology 15: 175–208. of Vulnerable Marine Ecosystems in the Emperor Seamount World Oceans: Biology, Stock Assessment and Fisheries. and Northern Hawaiian Ridge in the Northwest Pacific Freiwald, A., Beuck, L., Rüggerberg, A., Taviani, M., American Fisheries Symposium 63: Springer, Heidelberg. Edinger, E., Baker, K., Devillers, R., et al. (2007a) Coldwater Ocean and Assessment of Impacts Caused by Bottom Hebbeln, D. (2009) The white coral community in the Corals off Newfoundland and : Distribution and Fishing Activities on such Vulnerable Marine Ecosystems or central Mediterranean Sea revealed by ROV surveys. Davies, A.J., Roberts, J.M., Hall-Spencer, J. (2007) Fisheries Impacts. WWF-Canada, Toronto, Canada, 41pp. Marine Species as well as Conservation and Management Oceanography 22: 58–74. Preserving deep-sea natural heritage: Emerging issues Measures to Prevent SignificantA dverse Impacts (Bottom in offshore conservation and management. Biological Edinger, E.N., Wareham, V.E., Haedrich, R.L. (2007b) Trawl), December 2008. Appendix B. List of recent levels of Freiwald, A., Fosså, J.H., Grehan, A., et al. (2004) Cold- Conservation 138: 299–312. Patterns of groundfish diversity and abundance in relation Japanese bottom gillnet fishing effort,2pp. Water Coral Reefs: Out of Sight – No Longer Out of to deep-sea coral distributions in Newfoundland and Mind, United Nations Environment Programme-World Davies, A.J., Wisshak, M., Orr, J.C., Roberts, J.M. (2008) Labrador waters. In: George, R.Y., Cairns, S.D. (eds) Fisheries Agency of Japan (2008) Report on Identification Conservation Monitoring Centre, Cambridge, UK, 84pp. Predicting suitable habitat for the cold-water reef Conservation and Adaptive Management of Seamount and of Vulnerable Marine Ecosystems in the Emperor Seamount framework-forming coral Lophelia pertusa (Scleractinia). Deep-Sea Coral Ecosystems. Rosentiel School of Marine and Northern Hawaiian Ridge in the Northwest Pacific Freiwald, A., Hühnerbach, V., Lindberg, B., Wilson, J.B., Deep Sea Research I 55: 1048–1062. and Atmospheric Sciences, University of Miami, Miami, Ocean and Assessment of Impacts Caused by Bottom Campbell, J. (2002) The Sula Reef complex, Norwegian USA, pp. 101–122. Fishing Activities on such Vulnerable Marine Ecosystems or Shelf. Facies 47: 179–200. de Cárdenas E., Avila de Melo, A., Iglesias, S., Saborido, Marine Species as well as Conservation and Management F. (1997) Selectivity of 130mm mesh size in deep-sea Edinger, E., Wareham, V., Baker, K., Haedrich, R. (2009) Measures to Prevent SignificantA dverse Impacts (Bottom Fuller, E. Watling, L. (2008) Before the Secretary of bottom trawl fishery inNAF O Regulatory Area. NAFO Relationships between deep-sea corals and groundfish. Trawl), December 2008. Appendix C. Nishimura, A., Yatsu, Commerce: Petition for a rule to list the U.S. population Scientific Council Studies 30: 21–25. In: Gilkinson, K., Edinger, E. (eds) The ecology of deep- A. Application of surplus production models to splendid of Atlantic Wolffish A( narhichas lupus) as an endangered sea corals of Newfoundland and Labrador waters: alfonsin stock in the Southern Emperor and Northern species under the Endangered Species Act. Conservation de Forges, B.R., Koslow, J.A., Poore, G.C.B. (2000) Diversity biogeography, life history, biogeochemistry, and relation to Hawaiian Ridge (SE-NHR), 11pp. Law Foundation, Boston, USA, 112pp. and endemism of the benthic seamount fauna in the fishes. Canadian Technical Report ofF isheries and Aquatic southwest Pacific.N ature 405: 944–947. Science, No. 2830, vi + 136pp. Fisheries Agency of Japan (2008) Report on Identification Galil, B., Zibrowius, H. (1998) First benthos samples of Vulnerable Marine Ecosystems in the Emperor Seamount from Eratosthenes Seamount, Eastern Mediterranean. Deichman, E. (1936) The Alcyonaria of the western part Emig, C.C. (1988) Distributional patterns along the and Northern Hawaiian Ridge in the Northwest Pacific Senckenbergiana Maritima 28: 111–121. of the Atlantic Ocean. Harvard University, Museum of Mediterranean (upper bathyal) using Ocean and Assessment of Impacts Caused by Bottom Comparative Zoology Memoirs 53: 1–317. Gryphus vitreus (Brachiopoda) densities (investigated by Fishing Activities on such Vulnerable Marine Ecosystems or Gass, S.E., Willison, J.H.M. (2005) An assessment of the submersible and dredging). Book of Abstracts, Fifth Deep- Marine Species as well as Conservation and Management distribution of deep-sea corals in Atlantic Canada by using Devine, J.A., Haedrich, R.L. (2008) Population trends and Sea Biology Symposium, Brest, France, June 26/July 1, Measures to Prevent SignificantA dverse Impacts (Bottom both scientific and local forms of knowledge. In:F reiwald, status of two exploited Northwest Atlantic grenadiers, 1988, p. 62. Trawl), December 2008. Appendix F. Assessment of A., Roberts, J.M. (eds) Cold-Water Corals and Ecosystems, Coryphaenoides rupestris and Macruorus berglax. In: Orlov, associated species, 5pp. Springer-Verlag, Berlin Heidelberg, Germany, pp. 223–245. A.M., Iwamoto, T. (eds) Grenadiers of the World Oceans: European Commission (2006) Sensitive and essential Biology, Stock Assessment and Fisheries. American fish habitats in theM editerranean Sea. Report of the Fisheries Agency of Japan (2008) Report on Identification Gedamke, T., DuPaul, W.D., Musick, J.A. (2005) Fisheries Symposium 63: Springer, Heidelberg. Mediterranean Subgroup (SGMED 06-01) of the Scientific, of Vulnerable Marine Ecosystems in the Emperor Observations on the life history of the barndoor skate, Technical and Economic Committee for Fisheries (STECF), Seamount and Northern Hawaiian Ridge in the Northwest Dipturus laevis, on George’s Bank (Western North Atlantic). Devine, J.A., Haedrich, R.L. (mss submitted) The role of Commission of the European Communities, Commission Pacific Ocean andA ssessment of Impacts Caused by Journal of Northwest Atlantic Fishery Science 35: 67–78. environmental conditions and exploitation in determining Staff Working Paper, Rome, Italy, 60pp. Bottom Fishing Activities on such Vulnerable Marine dynamics of redfish Sebastes( species) in the Northwest Ecosystems or Marine Species as well as Conservation GFCM (2006) General Fisheries Commission for the Atlantic. FAO (2008) Deep-sea fisheries in the high seas: a trawl and Management Measures to Prevent SignificantA dverse Mediterranean, Report of the Thirtieth Session, Istanbul, industry perspective on the International Guidelines for the Impacts (Bottom Trawl), December 2008. Appendix H. Turkey, 24–27 January, 2006. GFCM Report 30. FAO, Rome, Devine, J.A., Baker, K.D., Haedrich, R.L. (2006) Deep-sea Management of Deep-sea Fisheries in the High Seas. FAO Yamigamoto, T., Takao, Y., Abe, K. Distribution of four Italy, 56pp. fishes qualify as endangered.N ature 439: 29. Fisheries and Aquaculture Circular, No. 1036, 22pp, Food orders of corals observed by ROV survey. Powerpoint and Agricultural Organisation of the United Nations, Rome, presentation; 23 slides. GFCM (2009) General Fisheries Commission for the DeVries, A.L., Ainley, D.G., Ballard, G. (2007) Decline of the Italy. Mediterranean, Report of the Thirty-third Session, Tunis Antarctic toothfish and its predators inM cMurdo Sound Fisheries Agency of Japan (2008) Report on Identification 23–27 March, 2009. GFCM Report 33. FAO, Rome, Italy, and the Southern Ross Sea, and recommendations for FAO (2009a) International Guidelines for the Management of Vulnerable Marine Ecosystems in the Emperor Seamount 125pp. restoration. CCAMLR WG-EMM 08/07, 20pp. of Deep-Sea Fisheries in the High Seas. Food and and Northern Hawaiian Ridge in the Northwest Pacific Agricultural Organisation of the United Nations, Rome, Italy, Ocean and Assessment of Impacts Caused by Bottom GFCM ScientificA dvisory Committee (2008a) Eleventh Doonan, I.J., McMillan, P.J., Kalish, J.M., Hart, A.C. (1995) 73pp. Fishing Activities on such Vulnerable Marine Ecosystems or Session, Marrakech, Morocco, 1–5 December, 2008, Age estimates for black and smooth oreo. New Zealand Marine Species as well as Conservation and Management Report of the Transversal Working Group on Bycatch/ Fisheries Assessment Research Document 95/14, 26pp. FAO (2009b) State of World Fisheries and Aquaculture Measures to Prevent SignificantA dverse Impacts (Bottom Incidental Catches, Rome, Italy, 15–16 September, 2008. 2008. Food and Agricultural Organisation of the United Trawl), December 2008. Appendix M. Information on coral GFCM:SAC11/2008/Inf.17. FAO, Rome, Italy, 24pp. Dulvy, N.K., Metcalfe, J.D., Glanville, J., Pawson, M.G., Nations, Rome, Italy, 176pp. fisheries in the Emperor Seamount area, 3pp. Reynolds, J.D. (2000) Fishery stability, local extinctions, GFCM ScientificA dvisory Committee (2008b) Eleventh and shifts in community structure in skates. Conservation FAO (2010) Deep-sea high seas fisheries (UNGA 61/105) Fosså, J., Mortensen, P., Furevik, D. (2002) The deep-water Session, Marrakech, Morocco, 1–5 December, 2008, Biology 14: 283–293. Vessels authorized to conduct bottom fisheries in areas coral Lophelia pertusa in Norwegian waters: distribution Criteria for the identification of sensitive habitats of beyond national jurisdiction. Food and Agricultural and fishery impacts.H ydrobiologia 471: 1–12. relevance for the management of priority species. GFCM:SAC11/2008/Inf.20. FAO, Rome, 3pp.

84 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 85 GFCM SCMEE (2008a) Sub-Committee on the Marine Government of New Zealand (2008a) Preliminary Henry, L‐A., Hart, M. (2005) Regeneration from injury and Klitgaard, A.B. (1995) The fauna associated with outer Environment and Ecosystems, Report of the Ninth Meeting assessment of bottom fishing activities in 2008–2009 resource allocation in sponges and corals – a review. shelf and upper slope sponges (Porifera, Demospongiae) at of the SCSA/Working Group on Demersal Species, Izmir, for New Zealand: implementing Conservation Measure International Review of Hydrobiology 90: 125–158. the Faroe Islands, Northeast Atlantic. Sarsia 80: 1–22. Turkey, 15–19 September, 2008. GFCM, Rome, Italy, 57pp. 22-06 (Bottom Fishing in the Convention Area). Impact Assessment submitted to CCAMLR, CCAMLR-XXVII/26*, Hibberd, T., Moore, K. (2009) Field identification guide to Klitgaard, A.B., Tendal, O.S. (2004) Distribution and GFCM SCMEE (2008b) General Fisheries Commission 24 September 2008. Original: English Agenda Item No. 5, Heard Island and MacDonal Island benthic invertebrates: species composition of mass occurrences of large for the Mediterranean, ScientificA dvisory Committee, SC Agenda Item No. 4, 70pp. a guide for scientific observers aboard fishing vessels. sized sponges in the Northeast Atlantic. Progress in Eleventh Session, Marrakech, Morocco, 1–5 December, Australian government, Australia Antarctic Research Oceanography 61: 57–98. 2008, Report of the Ninth Session of the Sub-Committee Government of New Zealand (2008b) New Zealand Division, Hobart, Tasmania, Australia, 152pp. on Marine Environment and Ecosystems (SCMEE) Antalya, National Report on Fishing and Research Activities in the Kock, K.H., Reid, K., Croxall, J., Nicol, S. (2007) Fisheries Turkey 13–16 October, 2008. GFCM:SAC11/2008/Inf.5, SPRFMO area during 2008. SP-08-SWG-08. Ministry of Humphreys, R.L., Jr. (2008) Sources of information for in the Southern Ocean: an ecosystem approach. FAO, Rome, Italy, 36pp. Fisheries, 9pp. evaluating the existence of Vulnerable Marine Ecosystems Philosophical Transactions of the Royal Society B Biological (VMEs) on seamounts within the Southern Emperor- Sciences 362: 2333–2349. Gianni, M. (2004) High seas bottom trawl fisheries and Government of New Zealand (2009) Bottom Fishing Northern Hawaiian Ridge. PIFSC Working Paper WP-08-003, their impacts on the biodiversity of vulnerable deep-sea Activities by New Zealand Vessels Fishing in the High Seas Scientific Working GroupM eeting, North Pacific FMR O, Koslow, J.A., Boehlert, G.W., Gordon, J.D.M., Haedrich, R.L., ecosystems: options for international action. International in the SPRFMO Area During 2008 and 2009. Ministry of Vladivostok, Russia, 8pp. Lorance, P., Parin, N. (2000) Continental slope and deep- Union for the Conservation of Nature (IUCN), Gland, Fisheries, 102pp. sea fisheries: implications for a fragile ecosystem.ICES Switzerland. ICES (2001) Report of the ICES Advisory Committee on Journal of Marine Science 57: 548–557. Government of Spain (2008) The Fisheries of Spain in the Fishery Management, Copenhagen 22–31 May, 2001, Gibson, C., Valenti, S.V., Fordham, S.V., Fowler, S.L. (2008) Regional Organization of Management of Fisheries in the Copenhagen 9–17 October 2001. ICES Cooperative Koslow, J.A., Gowlett-Holmes, K. (1998) The seamount The Conservation of Northeast Atlantic Chondrichthyans: Pacific South (SPRFMO) During the Season 2009/2010. Research Report No. 246, Part 1 of 3, 895pp. fauna off southern Tasmania: benthic communities, their Report of the IUCN Shark Specialist Group Northeast Preliminary Assessment of the Risk of Cause Serious conservation and impacts of trawling: Final Report to Atlantic Red List Workshop. IUCN Species Survival Damage to Vulnerable Marine Ecosystems and Protocol of ICES (2007a) 9.3.2.7.b NEAFC request to compile Environment Australia and the Fisheries Research and Commission Shark Specialist Group. Newbury, UK, viii + Action. SP-08-SWG-DW-02. Ministerio De Medio Ambiente Y data on documented historical or present spawning/ Development Corporation. Rep. FRDC Project 95/058, 76pp. Medio Rural Y Marino, 12pp. aggregation areas of blue ling in the NEAFC Convention CSIRO, Hobart, Tasmania, Australia, 104pp. area – additional information supplied by the EC POORFISH Gil, J., Sobrino, I., Baro, J., González, J., Afonso, P.S., Grant, S., Constable, A., Raymond, B., Doust, S. (2006) project. ICES Advice Book 9, Agenda Item 7F, Document Koslow, J.A., Gowlett-Holmes, K., Lowry, J.K., et al. (2001) Balguerias, E. (2008) Distribution and relative abundance Bioregionalisation of the Southern Ocean: Report of AM2007/27, 16pp. Seamount benthic macrofauna off southern Tasmania: of main grenadiers (Macrouridae, Gadiformes) from Experts Workshop, Hobart, September 2006. WWF- community structure and impacts of trawling. Marine Mozambique. In: Orlov, A.M., Iwamoto, T. (eds) Grenadiers Australia and ACE CRC, 46pp. ICES (2007b) Widely Distributed and Migratory Stocks. Ecology Progress Series, 213: 111–125. of the World Oceans: Biology, Stock assessment, and 9.3.2.4. NEAFC request to continue to provide all available Fisheries. American Fisheries Society, Symposium 63, Grant, S.M. (2006) An exploratory fishing survey and new information on distribution of vulnerable habitats in Koslow, J.A., Tuck, G. (2001) The boom and bust of Bethesda, Maryland, USA, pp. 103–118. biological resource assessment of Atlantic hagfish the NEAFC Convention Area and fisheries activities in the deep-water fisheries: Why haven’t we done better?NAF O (Myxine glutinosa) occurring on the southwest slope of the vicinity of such habitats. ICES Advice Book 9, 9pp. Scientific Research Council Doc. 141 Ser. 4535, 10pp. Gilkinson, K., Edinger, E. (eds) (2009) The ecology of Newfoundland Grand Bank. Journal of Northwest Atlantic deep-sea corals of Newfoundland and Labrador waters: Fishery Science 36: 91–110. ICES WGEF (2007) Report of the Working Group on Krieger, K. (1998) Primnoa spp. observed inside and biogeography, life history, biogeochemistry, and relations to Elasmobranch Fishes (WGEF). ICES Advisory Committee on outside a bottom trawl path from a submersible. Abstract. fishes.Canadian Technical Report of Fisheries and Aquatic Grigg, R.W. (1982) Precious corals in the Pacific: Economic Fishery Management. ICES CM 2007/ACFM: 27.REF.LRC, 10th Western Groundfish Conference,A silomar, California, Sciences No. 2830, 136pp. and development potential. Infofish 2: 8–11. 318pp. USA.

Gon, O., Heemstra, P.C. (eds) (2000) Fishes of the Southern Hall-Spencer, J., Allain, V., Fosså, J.H. (2002) Trawling Kelly, C.J., Connolly, P.L., Bracken, J.J. (1996) Maturity, Krieger, K.J. (2001) Coral (Primnoa) impacted by fishing Ocean. J.L.B. Smith Institute of Ichthyology, Grahamstown, damage to Northeast Atlantic ancient coral reefs. oocyte dynamics and fecundity of the roundnose grenadier gear in the Gulf of Alaska. In: Willison. J.H.M., Gass, S.E., South Africa, xviii + 462pp. Proceedings of the Royal Society of London, Series B: from the Rockall Trough. Journal of Fish Biology 49 (Suppl. Kenchington, E.L.R., et al. (eds) Proceedings of the First Biological Sciences 269: 507–511. A): 5–17. International Symposium on Deep-Sea Corals, Ecology González, C., Teruel, J., López, E., Paz, X. (2007) Feeding Action Centre and Nova Scotia Museum, Halifax, Nova habits and biological features of deep-sea species of Hall-Spencer, J.M., Rogers, A.D., Davies, J., Foggo, A. Kelly, C.J., Connolly, P.L., Bracken, J.J. (1997) Age Scotia, Canada, pp. 106–116. the Northwest Atlantic: large-eyed rabbitfish H( ydrolagus (2007) Historical deep-sea coral distribution on estimation, growth, maturity and distribution of the mirabilis), narrownose chimaera (Harriotta raleighana) seamount, oceanic island and continental shelf-slope roundnose grenadier from the Rockall Trough. Journal of Kulka, D.W. (2006) Abundance and distribution of demersal and black dogfish Centroscyllium( fabricii). NAFO Scientific habitats in the NE Atlantic. In: George, R.Y., Cairns, Fish Biology 50: 1–17. sharks on the Grand Banks with particular reference to the Council Meeting – September, 2007, Serial No. N5423, S.D. (eds) Conservation and Adaptive Management of NAFO Regulatory Area. Scientific CouncilM eeting – June NAFO SCR Doc. 07/63, 9pp. Seamount and Deep-Sea Coral Ecosystems. Rosenstiel Kenchington, E., Cogswell, A., Lirette, C., Murillo-Perez, F.J. 2006. Serial No. N5237, NAFO SCR Doc. 06/20, 36pp. School of Marine and Atmospheric Science, University of (2009a) The use of density analyses to delineate sponge González-Porto, M. (2008) Resultados preliminares Miami, Miami, USA, pp. 135–146. grounds and other benthic VMEs from trawl survey data. Kulka, D.W., Miri, C., Thompson, A.B. (2007a) Identification del estudio de los invertebrados bentónicos de la NAFO Scientific CouncilM eeting – June, 2009 Serial No. of wolffish, hake and rockling in theN orthwest Atlantic. campaña NAMIBIA-0802. In: Preliminary Report of the Hanchet, S., O’Driscoll, R., Ballara, S., Dunn, A. (2008) N5626, NAFO SCR Doc. 09/6, 15pp. Northwest Atlantic Fisheries Organization Scientific Council Multidisciplinary Research Cruise on the Walvis Ridge Grenadier bycatch in the toothfish longline fishery in Studies 40, 5pp. Seamounts (Atlantic Southeast-SEAFO). Spanish Institute the Ross Sea, Antarctica. In: Orlov, A.M., Iwamoto, T. Kenchington, E., Best, M., Cogswell, A., MacIsaac, K., of Oceanographny of the Canaries and National Marine (eds) Grenadiers of the World Oceans: Biology, Stock Murillo-Perez, F. J., MacDonald, B., Wareham, V., Fuller, S. Kulka, D., Hood, C., Huntington, J. (2007b) Recovery Information and Research Centre, Nambia, pp. 85–94. Assessment, and Fisheries. American Fisheries Society, D., Jørgensbye, H. I. Ø., Sklya V., Thompson, A. B. (2009b) Strategy for Northern Wolffish (Anarhichas denticulatus) Symposium 63, Bethesda, Maryland, USA, pp. 451–462. Coral Identification GuideNAF O Area. Sci. Coun. Studies, and Spotted Wolffish (Anarhichas minor), and Management González-Troncoso, D., Paz, X. (2007) Biomass and length 42: 1-35. doi:10.2960/S.v42.m1. Plan for Atlantic Wolffish (Anarhichas lupus) in Canada. distribution for roughhead grenadier, thorny skate and white Hareide, N-R., Garnes, G., Rihan, D., Mulligan, M., Tyndall, Fisheries and Oceans Canada: Newfoundland and Labrador hake from the surveys conducted by Spain in NAFO 3NO. P., Clark, M., Connolly, P., Misund, R., McMullen, P., Furevik, Kimani, E.N., Okemwa, G.M., Kazungu, J.M. (2009) Region. St. John’s, NL, Canada, x + 103pp. Scientific CouncilM eeting – June 2007, Serial No. N5500, D.M., Humborstad, O-B., Høydal, K., Blasdale, T. (2004) A Fisheries in the Southwest Indian Ocean: Trends and NAFO SCR Doc. 08/009, 38pp. Preliminary Investigation on Shelf Edge and Deep-water Governance Challenges. In: Laipson, E., Pandya, A. (eds) Kulka, D.W., Simpson, M.R., Inkpen, T.D. (2003) Fixed Net Fisheries to the West and North of Great Britain, The Indian Ocean; Resource and Governance Challenges. Distribution and biology of the blue hake (Antimora rostrata González-Troncoso, D., Paz, X., Cardoso, X. (2006) Ireland, around Rockall and Hatton Bank. The Henry L. Stimson Centre, Washington, DC, USA, pp. Günther 1878) in the Northwest Atlantic with comparison Persistence and variation in the distribution of 3–90. to adjacent areas. Journal of Northwest Atlantic Fishery bottom-trawl fish assemblages over theF lemish Cap. Heifetz, J., Stone, R.P., Shotwell, S.K. (2009) Damage and Science 31: 299–318. Journal of Northwest Atlantic Fishery Science 37: 103– disturbance to coral and sponge habitat of the Aleutian Klitgaard, A.B. (1991) Gnathia abyssorum (G.O. Sars, 117. Archipelago. Marine Ecology Progress Series 397: 295- 1872) (Crustacea, Isopoda) associated with sponges. Kulka, D.W., Templeman, N., Janes, J., Power, A., Brodie, W. 303. Sarsia 76: 33–39. (2007c) Information on seamounts in the NAFO Convention Area. NAFO Scientific CouncilM eeting – June 2007, Serial No. N5414, NAFO SCR Doc. 07/61, 17pp.

86 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 87 Lack, M., Short, K., Willock, A. (2003) Managing risk and features in the Northeast Channel (Atlantic Canada). NAFO Fisheries Commission (2005) Report of the Fisheries to the 28th Annual Meeting, London, 9–13 November uncertainty in deep-sea fisheries: lessons from Orange Marine Biology 144: 1223–1238. Commission Meeting (FC Doc. 05/15), 27th Annual 2009, 7pp. Roughy. TRAFFIC Oceania and WWF Endangered Seas Meeting, 19–23 September 2005, Tallinn, Estonia, Part 1, Programme, 72pp. Mortensen, P.B., Buhl-Mortensen, L. (2005) Deep-water pp. 113–174. NEAFC (2010a) Report of the 28th Annual Meeting of the corals and their habitats in The Gully, a submarine canyon North East Atlantic Fisheries Commission 9–13 November le Danois, E. (1948) Les profondeurs de la mer, trente ans off Atlantic Canada. In: Freiwald, A., Roberts, J.M. (eds) NAFO Fisheries Commission (2008) Report of the Fisheries 2009. North East Atlantic Fisheries Commission, London, de recherches sur la faune sous‐marine au large des côtes Cold-Water Corals and Ecosystems, Springer-Verlag, Berlin Commission 30th Annual Meeting, 22–26 September 25pp + Annexes (113pp total). de France, Payot, Paris, France. Heidelberg, pp. 247–277. 2008, Vigo, Spain. Serial No. N5613 NAFO/FC Doc. 08/22. Northwest Atlantic Fisheries Organization, 86pp. NEAFC (2010b) Statistics on quota uptake 2008 Leys, S.P., Lauzon, N.R.J. (1998) Hexactinellid sponge Mortensen, P.B., Buhl- Mortensen, L., Gordon, D.C., et Final. AM2009/62 rev.3. North East Atlantic Fisheries ecology: growth rates and seasonality in deep-water al. (2005) Evidence of fisheries damage to deep-water NAFO Fisheries Commission (2009) Report of the Fisheries Commission, London, UK, 9pp. sponges. Journal of Experimental Marine Biology and gorgonians in the Northeast Channel, Nova Scotia. Commission and its Subsidiary Body (STACTIC), 31st Ecology 230: 111–129. In: Thomas, J., Barnes, P. (eds) Proceeding from the Annual Meeting 21–25 September 2009 Bergen Norway. NOAA (2008) North West Pacific Ocean; Reports on Symposium on the Effects of Fishing Activities on Benthic Serial No. N5735 NAFO/FC Doc. 09/21. Northwest identification of MV Es and assessment of impacts caused Lockhart, S.J., Jones, C.D. (2009) Detection of vulnerable Habitats: Linking Geology, Biology, Socioeconomics and Atlantic Fisheries Organization, 90pp. by bottom fishing activities on MV Es and marine species. marine ecosystems in the Southern Scotia Arc (CCAMLR Management, American Fisheries Society, November 12– NOAA Fisheries, USA, December 23 2008, 47pp. Sub-Areas 48.1 and 48.2) through research bottom trawl 14, 2002, Florida, USA. NAFO SC (2005) Northwest Atlantic Fisheries Organization, sampling and underwater imagery. CCAMLR Document WG- Scientific Council Reports 2005, Dartmouth, Nova Scotia, Norwegian government (2008) Proposal for revision of EMM-09/32, 27pp. Mortensen, P.B., Buhl-Mortensen, L., Gebruk, A.V., Krylova, Canada, 359pp. areas closed to bottom fisheries in theN EAFC RA on the E.M. (2008) Occurrence of deep-water corals on the mid‐Atlantic Ridge and in the adjacent abyssal plains. MacIsaac, K., Bourbonnais, C., Kenchington, E., Gordon, Mid-Atlantic Ridge based on MAR-ECO data. Deep-Sea NAFO SC (2008) Northwest Atlantic Fisheries Organization, Royal Ministry of Fisheries and Coastal Affairs. Annex 2 to D. Jr, Gass, S. (2001) Observations on the occurrence and Research II 55: 142–152. Scientific Council Reports 2008, Dartmouth, Nova Scotia, the Report of the Meeting of the Permanent Committee on habitat preference of corals in Atlantic Canada. In: Willison, Canada, 328pp. Management and Science (PECMAS), 1718 June, 2008, J.H.M., Hall, J., Gass, S.E., Kenchington, E.L.R., Butler, MSC (2006) MSC Assessment Report, The Australian NEAFC, London, UK, 13pp. M., Doherty, P. (eds) Proceedings of the First International Antarctic Mackerel IcefishF ishery at Heard and MacDonald Navarro, S.J., Alayón, P.J.P., Abellán, L.J.L., Holtzhausen, Symposium on Deep-Sea Corals, Halifax, Canada, pp. Islands. Final Report. Scientific Certification Systems Inc., H., Jiménez, J.F.G. (2008) Seamount Associated North PacificF isheries Commission (2007) Second Inter- 58–75. Marine Fisheries Conservation Programme, Emeryville, Species Namibia 08-02. In: Preliminary Report of the governmental Meeting on Management of High Seas California, USA, 273pp. Multidisciplinary Research Cruise on the Walvis Ridge Bottom Fisheries in the North Western Pacific Ocean MCBI (2009a) Seamount Map of the Indian Ocean (by John Seamounts (Atlantic Southeast-SEAFO). Spanish Institute Busan, Republic of Korea 31 January – 2 February Guinotte), 3pp. Muñoz, P.D., Mandado, M., Gago, A., Gómez, C., Fernández, of Oceanographny of the Canaries and National Marine 2007 Establishment of new mechanisms for protection G. (2005) Brief results of a trawl experimental survey Information and Research Centre, Nambia. Annex III, pp. of vulnerable marine ecosystems and sustainable MCBI (2009b) Global habitat suitability for reef-forming at NW Atlantic. Scientific CouncilM eeting – June 2005 99–191. management of high seas bottom fisheries in theN orth cold-water corals. Final Report to the Pew Charitable Trusts, Northwest Atlantic Fisheries Organisation, Serial No. Western Pacific Ocean. North PacificF isheries Commission, 12pp. N5095, NAFO SCR Doc. 05/32, 4pp. NEAFC (2004) Monthly catches of regulated resources. Japan, 6pp. North East Atlantic Fisheries Commission, 4pp. McPhie, R.P., Campana, S.E. (2009) Reproductive Muñoz, P.D., Murillo, F.J., Serrano, A., Sayago-Gil, M., Parra, O’Dea, N.R., Haedrich R.L. (2003) A review of the status characteristics and population decline of four species of S., Díaz del Río, V., Sacau, M., Patrocinio, T., Cristobo, NEAFC (2006a) Recommendation IX – 2007: of the Atlantic Wolffish,A narhichas lupus, in Canada. skate (Rajidae) off the eastern coast of Canada. Journal of J. (2008) A case study of available methodology for the Recommendation by the North East Atlantic Fisheries Canadian Field-Naturaliste 116: 423–433. Fish Biology 75: 223–246. identification of vulnerable ecosystems/habitats in bottom Commission at its Annual Meeting in November 2006 to deep-sea fisheries: possibilities to apply this method in the Adopt Conservation and Management Measures by Closing Ordines, F., Massutí, E. (2009) Relationships between Merrett, N.R., Haedrich, R.L. (1997) Deep-sea demersal NAFO Regulatory Area in order to select marine protected Certain Areas in the Regulatory Area to Protect Deep-Water macro-epibenthic communities and fish on the shelf fish and fisheries. Chapman & Hall, London, UK, 282pp. areas. NAFO Scientific Committee Working Group on the Corals. NEAFC, London, UK, 2pp. grounds of the western Mediterranean. Aquatic Ecosystem Approach to Fisheries Management – May Conservation: Marine and Freshwater Ecosystems 19: Mitchell, R.E., Peatman, T., Pearce, J., Agnew, D.A. (2009) 2008. Serial No. N5491, NAFO SCR Doc. 08/6, 20pp. NEAFC (2006b) Agenda Item 4b AM2007/47 rev2. North 370–383. Analysis of VME data collected by UK vessels fishing in the East Atlantic Fisheries Commission, 6pp. Ross Sea during the 2008/09 CCAMLR season. CCAMLR Murillo, F.J., Muñoz, P.D., Sacau, M., González-Troncoso, D., Orejas, C., López-González, P.J., Gili, J.M., et al. (2002) WS-VME-09/5, 18 July, 2009, Agenda item Nos 5, 6.2., Serrano, A. (2008) Preliminary data on cold-water corals NEAFC (2007a) Recommendation IX – 2008: Distribution and reproductive ecology of the Antarctic 10pp. and large sponges bycatch from Spanish/EU bottom trawl Recommendation by the North East Atlantic Fisheries octocoral Ainigmaptilon antarcticum in the Weddell Sea. groundfish surveys inNAF O Regulatory Area (Divs. 3LMNO) Commission in Accordance with Article 5 of the Convention Marine Ecology Progress Series, 231: 101–114. Moody Marine Ltd (2008) Public Comment Draft Report for and Canadian EEZ (Div. 3L): 2005–2007 period. NAFO on Future Multilateral Cooperation in North East Atlantic Ross Sea ToothfishL ongline Fishery. Client: Argos Georgia Scientific Committee Working Group on the Ecosystem Fisheries at its Annual Meeting in November 2007 to Parker, S.J., Mormede, S., Tracey, D.M., Carter, M. (2009) Ltd, Sanford Ltd, NZLL Ltd, Ref. 82044/Vers. 3, Moody Approach to Fisheries Management. Serial No. 5501, NAFO Adopt Conservation and Management Measures by Closing Evaluation of VME taxa monitoring by observers from five Marine Ltd, Derby, UK, 79pp + Appendices. SCR doc. 08/10, 28pp. Certain Areas in the Regulatory Area in Order to Protect vessels in the Ross Sea region Antarctic toothfish longline Deep-Water Corals. NEAFC, London, UK, 2pp. fisheries during the 2008–09 season. CCAMLR TASO- Morato, T., Cheung, W.W.L., Pitcher, T.J. (2006) Vulnerability Murua, H., de Cárdenas, E. (2005) Depth distribution of 09/8, 19 June 2009, Agenda Item No. 3.2.2., 13pp. of seamount fish to fishing: fuzzy analysis of life history deepwater species in Flemish Pass. Journal of Northwest NEAFC (2007b) Agenda Item 4a AM2008/59 rev 1. North attributes. Journal of Fish Biology 68: 209–221. Atlantic Fishery Science 37: 1–12. East Atlantic Fisheries Commission, 6pp. Parker, S.J., Penney, A.J., Clark, M.R. (2009) Detection criteria for managing trawl impacts in vulnerable marine Morato, T., Clark, M.R. (2007) Seamount fishes: ecology Murua, H., González, F., Power, D. (2005) A review of the NEAFC (2008) Recommendation XIII: 2009 ecosystems in high seas fisheries of the South Pacific and life histories. In: Pitcher T.J., Morato, T., Hart, P.J.B., fishery and the investigations of roughhead grenadier Recommendation by the North East Atlantic Fisheries Ocean. Marine Ecology Progress Series 397: 309-317. Clark, M.R., Haggan, N., Santos, R.S. (eds) Seamounts: (Macrourus berglax) in Flemish Cap and Flemish Pass. Commission in Accordance With Article 5 of the Convention Ecology, Fisheries & Conservation, Fish and Aquatic Journal of Northwest Atlantic Fishery Science 37: 13–27. on Future Multilateral Cooperation in North East Atlantic Parrish, F.A., Abernathy, K., Marshall, G.J., et al. (2002) Resources Series 12, Blackwell Publishing, Oxford, UK, pp. Fisheries at its Annual Meeting on 10–14 November 2008 Hawaiian monk seals (Monachus schauninslandi) foraging 170–188. NAFO CEM (2009) Northwest Atlantic Fisheries to Adopt the Following Recommendation on Operational in deep-water coral beds. Marine Mammal Science 18: Organization Conservation and Enforcement Measures. Procedures for Fishing in Existing and New Bottom Fishing 244–258. Morin, B., Méthot, R., Sevigny, J-M., Power, D., Branton, B., Serial Number N5614, NAFO/FC Doc. 09/01. Northwest Areas. NEAFC, London, UK, 3pp. McIntyre, T. (2004) Review of the structure, the abundance Atlantic Fisheries Organisation, Dartmouth, Nova Scotia, PECMAS (2008a) Permanent Committee on Management and distribution of Sebastes mentella and S. fasciatus in Canada, 92pp. NEAFC (2009a) NEAFC Fisheries Status Report 1998– and Science of the North-East Atlantic Fisheries Atlantic Canada in a species-at-risk context. CSAS Res. 2007, Kjartan Hoydal (ed). NEAFC, London, UK, 47pp. Commission Meeting 28–29 October 2008 at NEAFC Doc. 2004/058, 96 pp. NAFO TACs (2009) Annual Quota Table (Annex I.A.) and Headquarters, London, UK, 13pp + Annexes. Effort Allocation Scheme (Annex I.B.): http://www.NAFO. NEAFC (2009b) Scheme of Control and Enforcement. North Mortensen, P.B., Buhl-Mortensen, L. (2004) Distribution of int/about/frames/about.html East Atlantic Fisheries Commission, London, 96pp. deep-water gorgonian corals in relation to benthic habitat NEAFC press release (2009) NEAFC press release relating

88 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 89 PECMAS (2008b) Mapping Existing Fisheries Areas in the Rogers, A.D. (1994) The biology of seamounts. Advances Sherwood, O., Edinger, E. (2009) Carbon-14 composition SPRFMO Interim Measures (2007) INTERIM MEASURES NEAFC Regulatory Area. Agenda Item 6; AM2008/53 rev in Marine Biology 30: 305–350. of deep-sea corals of Newfoundland and Labrador: proxy ADOPTED BY PARTICIPANTS IN NEGOTIATIONS TO 1. North East Atlantic Fisheries Commission, London, UK, records of seawater 14C and quantification of deep-sea ESTABLISH SOUTH PACIFIC REGIONAL FISHERIES 9pp. Rogers, A.D. (1999) The biology of Lophelia pertusa coral growth rates. In: Gilkinson, K., Edinger, E. (eds) The MANAGEMENT ORGANISATION. International Consultations (Linnaeus 1758) and other deep-water reef-forming corals ecology of deep-sea corals of Newfoundland and Labrador on the Establishment of the Proposed South Pacific PECMAS (2009) Permanent Committee on Management and impacts from human activities. International Review of waters: biogeography, life history, biogeochemistry, and Regional Fisheries Management Organisation. 3rd Meeting, and Science of the North East Atlantic Fisheries Hydrobiology 84: 315–406. relation to fishes. Canadian Technical Report ofF isheries Renaca, Chile. 4 May 2007. Commission Meeting 28–29 September, at NEAFC and Aquatic Sciences No. 2830, pp. 74–84. Headquarters, London, UK, 14pp + Annexes. Rogers, A.D., Baco, A., Griffiths,H .J., et al. (2007) Corals SPRFMO (2008) Revised Draft Bottom Fishery Impact on seamounts. In: Pitcher T.J., Morato, T., Hart, P.J.B., Clark, Shester, G., Ayers, J. (2005) A cost effective approach to Assessment Standard. Eighth International Meeting: Penhale, P., Grant, S. (2007) Workshop on the M.R., Haggan, N., Santos, R.S. (eds) Seamounts: Ecology, protecting deep-sea coral and sponge ecosystems with an Science Working Group, SP-08-SWG-DW-01, 39pp. bioregionalisation of the Southern Ocean, (Brussels, Fisheries & Conservation, Fish and Aquatic Resources application to Alaska’s Aleutian Islands region. In: Freiwald, Belgium, 13–17 August 2007), Executive Summary, Report Series 12, Blackwell Publishing, Oxford, UK, pp. 141–169. A., Roberts, J.M. (eds) Cold-Water Corals and Ecosystems, Stockley, B.M., Menezes, G., Pinho, M.R., Rogers, A.D. of the Workshop, Annex 9, Report of the Twenty-Sixth Rogers, A.D., Taylor, M.L., Kemp, K., Yesson, C., Davies, A.J. Springer-Verlag, Berlin Heidelberg, pp. 1151–1169. (2005) Genetic population structure of the black-spot sea Meeting of the Scientific Committee,H obart, Australia, 22– (in press) The Diseases of Deep-Water Corals. In: Downs, bream (Pagellus bogaraveo) from the NE Atlantic. Marine 26 October, 2007, SC-CCAMLR-XXVI, Scientific Committee C. (ed.) Diseases of Corals. CRC Press, London / New Shibanov, V.N., Vinnichenko, V.I. (2008) Russian Biology 146: 793–804. for the Conservation of Antarctic Marine Living Resources, York. In press. 97pp (ms) + Figs. investigations and the fishery of roundnose grenadier in the Hobart, Tasmania, Australia, pp. 590–676. North Atlantic. In: Orlov, A.M., Iwamoto, T. (eds) Grenadiers Stone, R.P. (2006) Coral habitat in the Aleutian Islands of Romanov, E.V. (ed.) (2003) Summary and Review of Soviet of the World Oceans: Biology, Stock assessment, and Alaska: depth distribution, fine-scale species associations, Penney, A.J., Parker, S.J., Brown, J.H. (2009) Protection and Ukrainian scientific and commercial fishing operations Fisheries. American Fisheries Society, Symposium 63, and fisheries interactions.Coral Reefs 25: 229–238. measures implemented by New Zealand for vulnerable on the deepwater ridges of the Southern Indian Ocean. FAO Bethesda, Maryland, USA, pp. 399–412 marine ecosystems in the South Pacific Ocean.M arine Fisheries Circular No. 991, 84pp. Stone, R.P., Masuda, M.M., Malecha, P.W. (2005) Effects of Ecology Progress Series 397: 341-354. Shotton, R. (2006) Managment of demersal fisheries bottom trawling on soft sediment epibenthic communities Rosso, A., Vertino, A., Di Geronimo, I., Sanfilippo, R., Sciuto, resources of the Southern Indian Ocean. FAO Fisheries in the Gulf of Alaska. In: Barnes, P.B., Thomas, J.P. (eds) Ramírez-Llodra, E., Ballesteros, M., Company, J.B., Dantart, F., Di Geronimo, R., Violanti, D., Corselli, C., Taviani, M., Circular No. 1020, FAO, Rome, Italy, 90pp. Benthic habitats and the effects of fishing.A merican L., Sardà, F. (2008) Spatio-temporal variations of biomass Mastrototaro, F., Tursi, A. (2009) Hard- versus soft-bottom Fisheries Society, Symposium 41, Bethesda, Maryland, and abundance in bathyal non-crustacean megafauna in thanatofacies from the Santa Maria di Leuca deep-water Sissenwine, M.P., Mace, P.M. (2007) Can deep water USA, pp. 461–475. the Catalan Sea (northwestern Mediterranean). Marine coral mound province, Recent Mediterranean. Deep-Sea fisheries be managed sustainably? In: Report and Biology 153: 297–309. Research II, doi:10.1016/j.dsr2.2009.08.024. documentation of the expert consultation on deep-sea SWIOFC (2005) South West Indian Ocean Fisheries fisheries in the high seas.FA O Fisheries Reports 838: Commission, First Session, Mombasa, Kenya, 18–20 April, Reed, J.K., Shepard, A.N., Koenig, C.C., et al. (2005) Rowden, A.A., Clark, M.R., O’Shea, S. (2004) The influence 61–111. 2005. Resolution and Statues of the South West Indian Mapping, habitat characterization, and fish surveys of the of deep-water coral habitat and fishing on benthic faunal Ocean Fisheries Commission. SAFR/DM/SWIOFC/05/INF deep-water Oculina coral reef Marine Protected Area: a assemblages of seamounts on the Chatham Rise, New Smith, D.C., Stewart, B.D. (1994) Development of methods 4 E, FAO Rome, Italy, 5pp. review of historical and current research. In: Freiwald, A., Zealand. ICES CM2004/AA:09. to age commercially important dories and oreos. Final Roberts, J.M. (eds) Cold-Water Corals and Ecosystems, Report, Australian Fisheries Research and Development SWIOFC (2009) South West Indian Ocean Fisheries Springer-Verlag, Berlin Heidelberg, pp. 443–465. Saidi B., Bradai, M.N. (2008) Elasmobranchs Bycatch Corporation, Project 91/36. Commission, Report of the Third Session of the Scientific in the Mediterranean Sea. GFCM ScientificA dvisory Committee, Maputo, Mozambique, 16–19 September Republic of Korea (2008) Reports on identification of MV Es Committee, SCMEE/SCSA transversal working group on by Soriano, S., Sánchez-Lizaso, J.L. (2000) Discards of 2008, 85pp. and assessment of impacts caused by bottom trawl fishing catch/incidental catches. General Fisheries Commission the upper slope trawl fishery offA licante province (W. activities on VMEs and/or marine species. Ministry for for the Mediterranean, FAO Headquarters, Rome, Italy, Mediterranean). 6th Mediterranean Symposium on Taviani, M., Freiwald, A., Zibrowius, H. (2005) Deep coral Food, Agriculture, Forestry and Fisheries, Republic of Korea, 14pp. Seabirds. Conference on Fisheries, Marine Productivity growth in the Mediterranean Sea: An overview. In: Freiwald, 22 December 2008, 8pp. and Conservation of Seabirds. Benidorm, Spain. 11–15 A., Roberts, J.M. (eds) Cold-water Corals and Ecosystems. Sakiura, H. (1972) The pelagic armourhead Pentaceros October 2000. Book of abstracts, p. 73. Springer, Heidelberg, Germany, pp. 137–156 Rice, A. L., Thurston, M. H., New, A. L. (1990) Dense richardsoni, fishing grounds off theH awaiian Islands, as aggregations of a hexactinellid sponge, Pheronema viewed by the Soviets. Suisan Shuho 658: 28–31. SPRFMO (2007a) Information describing orange roughy Taviani, M., Remia, A., Corselli, C., Freiwald, A., Malinverno, carpenteri, in the Porcupine Seabight (northeast Atlantic Hoplostethus atlanticus fisheries relating to the South E., Mastrototaro, F., Savini, A., Tursi, A. (2005a) First geo- Ocean), and possible causes. Progress in Oceanography Sardà, F., Cartes, J.E., Company, J.B. (1994) Spatio- Pacific RegionalF isheries Management Organisation, marine survey of living cold-water Lophelia reefs in the 24: 179–196. temporal variations in megabenthos abundance in three Working Draft 4 May 2007. SPRFMO, 23pp. Ionian Sea (Mediterranean basin). Facies 50: 409–417. different habitats of the Catalan deep-sea (Western Roark, E.B., Guilderson, T.P., Dunbar, R.B., Ingram, B.L. Mediterranean). Marine Biology 120: 211–219. SPRFMO (2007b) Information describing Oreosomatidae Thompson, A.B., Campanis, G.M. (2007) Information on (2006) Radiocarbon-based ages and growth rates of (Allocytus niger, Neocyttus rhomboidalis, and Pseudocyttus fishing on and around the four closed seamount areas in Hawaiian deep-sea corals. Marine Ecology Progress Series SEAFO Commission (2006) Report of the 3rd Annual maculates) fisheries relating to the South Pacific Regional the NRA. Scientific CouncilM eeting – June 2007 Northwest 327: 1–14. Meeting of the Commission, 2006. Walvis Bay, Namibia, Fisheries Management Organisation, Working Draft, 2 Atlantic Fisheries Organisation, Serial No. N5347, NAFO 63pp. September, 2007. SPRFMO-IV-SWG-11, 16pp. SCR Doc. 07/06, 10pp. Roark, E.B., Guilderson, T.P., Dunbar, R.B., et al. (2009) Extreme longevity in proteinaceous deep-sea corals. SEAFO Commission (2007) Report of the 4th Annual SPRFMO (2007c) Information describing black cardinalfish Tudela, S. (2000) Ecosystem effects of fishing in the Proceedings of the National Academy of Sciences USA Meeting of the Commission. Walvis Bay, Namibia, 48pp. (Epigonus telescopus) fisheries relating to the South Pacific Mediterranean: an analysis of the major threats of fishing 106: 5204–5208. Regional Fisheries Management Organisation, Working gear and practices to biodiversity and marine habitats. SEAFO Commission (2008) Report of the 5th Annual Draft, 21 June, 2007, 11pp. FAO Fisheries Department (EP/INT/759/GEF), Rome, Italy, Roberts, J.M., Harvey, S.M., Lamont, P.A., et al. (2000) Meeting of the Commission. Walvis Bay, Namibia, 59pp. 45pp. Seabed photography, environmental assessment and SPRFMO (2007d) Information describing alfonsino (Beryx evidence for deep-water trawling on the continental margin SEAFO Commission (2009) Report of the 6th Annual splendens) fisheries relating to the South Pacific Regional Tupanogov, V.N., Orlov, A.M., Kodolov, L.S. (2008) The west of the Hebrides. Hydrobiologia 441: 173–183. Meeting of the Commission. Walvis Bay, Namibia, 176pp. Fisheries Management Organisation, Working Draft, 20 most abundant grenadiers of the Russian Far East EEZ: June, 2007, 14pp. distribution and basic biological patterns. In: Orlov, A.M., Roberts, J.M., Wheeler, A., Freiwald, A., et al. (2009) Cold SEAFO Scientific Committee (2006)Report of the SEAFO Iwamoto, T. (eds) Grenadiers of the World Oceans: Biology, Water Corals: The Biology and Geology of Deep-Sea Coral Scientific Committee 2006. Walvis Bay, Namibia, 59pp. SPRFMO (2007e) Information describing bluenose Stock assessment, and Fisheries. American Fisheries Habitats, Cambridge University Press, Cambridge, UK, (Hyperoglyphe antarctica) fisheries relating to the South Society, Symposium 63, Bethesda, Maryland, USA, pp. 352pp. SEAFO Scientific Committee (2008)Report of the SEAFO Pacific RegionalF isheries Management Organisation, 285-316. Scientific Committee 2008. Walvis Bay, Namibia, 69pp. Working Draft, 22 June, 2007, 14pp. Rodgeveller, C.J., Clausen, D.M., Nagler, J.J., Hutchinson, Uchupi, E., Ballard, R.D. (1989) Evidence of hydrothermal C. (2010) Reproductive characteristics and mortality of SEAFO Scientific Committee (2009)Report of the SEAFO SPRFMO (2007f) Information describing Jasus caveorum activity on Marsili Seamount, Tyrrhenian Basin. Deep-Sea female giant grenadiers in the northern Pacific Ocean. Scientific Committee 2009.Walvis Bay, Namibia, 78pp. fisheries relating to the South Pacific RegionalF isheries Research 36: 1443–1448. Marine and Coastal Fisheries: Dynamics, Management, Management Organisation, Revised, 20 February, 2007. and Ecosystem Science 2: 73-82. SPRFMO-III-SWG-12, 8pp.

90 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 91 UNESCO (2009) Global Open Oceans and Deep Seabed WGDEC (2005) Report of the Working Group on Deep- (GOODS) Bioregional Classification. Vierros, M., Cesswell, Water Ecology (WGDEC), 8–11 March 2005 ICES I., Escobar-Briones, E., Rice, J., Ardron, J. (eds) IOC Headquarters, Copenhagen, ICES CM 2005/ACE:02 Ref. Technical Series 84, UNESCO-IOC, Paris, France, 89pp. E,G. International Council for the Exploration of the Sea, Annexes Copenhagen, Denmark, 72pp. UNGA (2004) Resolution 59/25 Sustainable fisheries, including through the 1995 Agreement for the WGDEC (2006) Report of the Working Group on Deep- Implementation of the Provisions of the United Nations Water Ecology (WGDEC), 4–7 December 2005, Miami, ANNEX 1: UNGA RESOLUTION 61/105, Convention on the Law of the Sea of 10 December 1982 U.S.A, ICES CM 2006/ACE:04. International Council for the ecosystems are encountered, and to report the relating to the Conservation and Management of Straddling Exploration of the Sea, Copenhagen, Denmark, 79pp. PARAGRAPHS 83–87 encounter so that appropriate measures can be Fish Stocks and Highly Migratory Fish Stocks, and related adopted in respect of the relevant site; instruments. UNGA A/RES/59/25. Available at: http:// WGDEC (2007) Report of the Working Group on Deep-Water www.un.org/Depts/los/general_assembly/general_ Ecology (WGDEC), 26–28 February 2007, ICES CM 2007/ The General Assembly assembly_reports.htm, 16pp. ACE:01 Ref LRC. International Council for the Exploration 84. Also calls upon regional fisheries of the Sea, Copenhagen, Denmark, 57pp. 83. Calls upon regional fisheries management management organizations or arrangements UNGA (2007) Resolution 61/105 Sustainable fisheries, including through the 1995 Agreement for the WGDEC (2008) Report of the ICES-NAFO Joint Working organizations or arrangements with the with the competence to regulate bottom Implementation of the Provisions of the United Nations Group on Deep-Water Ecology (WGDEC) 10–14 March competence to regulate bottom fisheries to fisheries to make the measures adopted Convention on the Law of the Sea of 10 December 1982 2008, ICES CM2008/ACOM: 45, Ref. WGECO, WGDEC, adopt and implement measures, in accordance pursuant to paragraph 83 of the present relating to the Conservation and Management of Straddling NAFO. International Council for the Exploration of the Sea, Fish Stocks and Highly Migratory Fish Stocks, and related Copenhagen, Denmark, 124pp. with the precautionary approach, ecosystem resolution publicly available; instruments. UNGA A/RES/61/105 Available at: http:// approaches and international law, for their www.un.org/Depts/los/general_assembly/general_ WGDEC (2009) Report of the ICES-NAFO Working Group on respective regulatory areas as a matter of 85. Calls upon those States participating in assembly_reports.htm, 21pp. Deep-water Ecology (WGDEC), 9–13 March 2009. ICES CM priority, but not later than 31 December 2008: negotiations to establish a regional fisheries 2009/ACOM: 23. International Council for the Exploration UNGA (2009) Resolution 64/72 Sustainable fisheries, of the Sea, Copenhagen, Denmark, 92pp. management organization or arrangement including through the 1995 Agreement for the (a) To assess, on the basis of the best available competent to regulate bottom fisheries to Implementation of the Provisions of the United Nations WGDEEP (2009) Report of the Working Group on the scientific information, whether individual bottom expedite such negotiations and, by no later than Convention on the Law of the Sea of 10 December 1982 Biology and Assessment of Deep-Sea Fisheries Resources relating to the Conservation and Management of Straddling (WGDEEP) 9–16 March 2009, Copenhagen, Denmark. ICES fishing activities would have significant adverse 31 December 2007, to adopt and implement Fish Stocks and Highly Migratory Fish Stocks, and related WGDEEP Report 2009, ICES Advisory Committee, ICES CM impacts on vulnerable marine ecosystems, interim measures consistent with paragraph instruments. UNGA A/RES/64/72 not yet issued (as of 10 2009/ACOM: 14, 503pp. and to ensure that if it is assessed that these 83 of the present resolution and make these January 2010); available as General Assembly document A/64/L.29 at: http://www.un.org/Docs/journal/asp/ WGEAFM (2008a) Report of the NAFO SC Working Group activities would have significant adverse measures publicly available; ws.asp?m=A/64/L.29http://www.un.org/Depts/los/ on Ecosystem Approach to Fisheries Management impacts, they are managed to prevent such general_assembly/general_assembly_reports.htm, 27pp. (WGEAFM) NAFO Scientific CouncilM eeting June 2008. impacts, or not authorized to proceed; 86. Calls upon flag States to either adopt Serial Number 5511, NAFO SCS Doc. 08/10, 70pp. and implement measures in accordance with UN SG (2006) Report of the Secretary-General Impacts of fishing on vulnerable marine ecosystems: actions taken by WGEAFM (2008b) Report of the NAFO SC Working Group (b) To identify vulnerable marine ecosystems paragraph 83 of the present resolution, mutatis States and regional fisheries management organizations on Ecosystem Approach to Fisheries Management and determine whether bottom fishing activities mutandis, or cease to authorize fishing vessels and arrangements to give effect to paragraphs 66 to 69 (WGEAFM) Response to Fisheries Commission Request would cause significant adverse impacts to such flying their flag to conduct bottom fisheries in of General Assembly resolution 59/25 on sustainable 9.a. NAFO Scientific CouncilM eeting October 2008, Serial fisheries, regarding the impacts of fishing on vulnerable Number 5592, NAFO SCS Doc. 08/24, 19pp. ecosystems and the long-term sustainability of areas beyond national jurisdiction where there is marine ecosystems. A/61/154. 14 July 2006, 46pp. deep sea fish stocks,inter alia, by improving no regional fisheries management organization WGEAFM (2009) Report of the NAFO Scientific Council scientific research and data collection and or arrangement with the competence to Vanreusel. A., Anderson, A.C., Boetius, A., Connelly, D., Working Group on Ecosystem Approach to Fisheries Cunha, M.R., Decker, C., Hilario, A., Kormas, K.A., Maignien, Management (WGEAFM). Northwest Atlantic Fisheries sharing, and through new and exploratory regulate such fisheries or interim measures L., Olu, K., Pachiadaki, M., Ritt, B., Rodrigues, C., Sarrazin, Organisation Scientific CouncilM eeting – June 2008 Ser. fisheries; in accordance with paragraph 85 of the J., Tyler, P., Van Gaever, S., Vanneste, H. (2009) Biodiversity No. N5511 NAFO SCS Doc 08/10, 70pp. present resolution, until measures are taken of cold-seep ecosystems along the European margins. (c) In respect of areas where vulnerable marine in accordance with paragraph 83 or 85 of the Oceanography 22: 110–127. Wheeler, A.J., Bett, B.J., Billett, D.S., et al. (2005) The impact of demersal trawling on northeast Atlantic coral ecosystems, including seamounts, hydrothermal present resolution; Verrill, A.E. (1922) The Alcyonaria of the Canadian Arctic habitats: The case of the Darwin Mounds, United Kingdom. vents and cold water corals, are known to occur Expedition, 1913–1918, with a revision of some other In: Barnes, P.W., Thomas, J.P. (eds) Benthic Habitats and the or are likely to occur based on the best available 87. Further calls upon States to make publicly Canadian genera and species. Report of the Canadian Effects of Fishing, American Fisheries Society Symposium Arctic Expedition 1913–18, vol VIII: Molluscs, Echinoderms, 41, Bethesda, Maryland, USA, pp. 807–817. scientific information, to close such areas to available through the Food and Agriculture Coelenterates, etc., Part G: Alcyonaria and Actinaria. bottom fishing and ensure that such activities Organization of the United Nations a list of Whitehead, P.J.P., Bauchot, M-L., Hureau, J-C., Nielsen, J., do not proceed unless conservation and those vessels flying their flag authorized to Waller, R., Watling, L., Auster, P., et al. (2007) Anthropogenic Tortonese, E. (1986) Fishes of the Northeastern Atlantic impacts on the Corner Rise Seamounts, north-west Atlantic and Mediterranean, Vols. 1,2,3. UNESCO, Paris, France. management measures have been established conduct bottom fisheries in areas beyond Ocean. Journal of the Marine Biological Association of the to prevent significant adverse impacts on national jurisdiction, and the measures they UK 87: 1075–1076. Wisshak, M., López-Correa, M., Gofas, S., Salas, C., Taviani, vulnerable marine ecosystems; have adopted pursuant to paragraph 86 of the M., Jakobsen, J., Freiwald, A. (2009) Shell architecture, present resolution; Warén, A., Klitgaard, A.B. (1991) Hanleya nagelfar, a element composition, and stable isotope signature of the sponge-feeding ecotype of H hanleyi or a distinct species giant deep-sea oyster Neopycnodonte zibrowii sp. n. from (d) To require members of the regional fisheries of chiton? Ophelia 34: 51-70. the NE Atlantic. Deep-Sea Research I 56: 374–407. management organizations or arrangements to require vessels flying their flag to cease bottom fishing activities in areas where, in the course of fishing operations, vulnerable marine

92 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 93 ANNEX II: UN FAO GUIDELINES FOR THE i. Uniqueness or rarity – an area or ecosystem Impacts should be evaluated individually, in vulnerable marine ecosystems, including MANAGEMENT OF DEEP-SEA FISHERIES that is unique or that contains rare species combination and cumulatively. seamounts, hydrothermal vents and cold water whose loss could not be compensated for by corals, from destructive fishing practices, IN THE HIGH SEAS similar areas. These include: 18. When determining the scale and significance recognizing the immense importance and value ● habitats that contain endemic species; of an impact, the following six factors should be of deep sea ecosystems and the biodiversity Paragraph 47: Impact Assessments ● habitats of rare, threatened or endangered considered: they contain; species that occur only in discrete areas; or 47. Flag States and RFMO/As should conduct ● nurseries or discrete feeding, breeding, or i. the intensity or severity of the impact at the 114. Reaffirms the importance of paragraphs 80 assessments to establish if deep-sea fishing spawning areas. specific site being affected; to 91 of its resolution 61/105 addressing the activities are likely to produce significant ii. the spatial extent of the impact relative to the impacts of bottom fishing on vulnerable marine adverse impacts in a given area. Such an impact ii. Functional significance of the habitat – availability of the habitat type affected; ecosystems and the long-term sustainability of assessment should address, inter alia: discrete areas or habitats that are necessary iii. the sensitivity/vulnerability of the ecosystem deep sea fish stocks and the actions called for i. type(s) of fishing conducted or contemplated, for the survival, function, spawning/reproduction to the impact; in that resolution, and emphasizes the need for including vessels and gear-types, fishing or recovery of fish stocks, particular life-history iv. the ability of an ecosystem to recover from full implementation by all States and relevant areas, target and potential bycatch species, stages (e.g. nursery grounds or rearing areas), harm, and the rate of such recovery; regional fisheries management organizations or fishing effort levels and duration of fishing or of rare, threatened or endangered marine v. the extent to which ecosystem functions may arrangements of their commitments under those (harvesting plan); species. be altered by the impact; and paragraphs on an urgent basis; ii. best available scientific and technical vi. the timing and duration of the impact relative information on the current state of fishery iii. Fragility – an ecosystem that is highly to the period in which a species needs the 119. Considers that, on the basis of the review resources and baseline information on the susceptible to degradation by anthropogenic habitat during one or more life-history stages. carried out in accordance with paragraph 91 ecosystems, habitats and communities in the activities. of its resolution 61/105, further actions in fishing area, against which future changes are 19. Temporary impacts are those that are accordance with the precautionary approach, to be compared; iv. Life-history traits of component species that limited in duration and that allow the particular ecosystem approaches and international law, iii. identification, description and mapping of make recovery difficult – ecosystems that are ecosystem to recover over an acceptable time are needed to strengthen the implementation VMEs known or likely to occur in the fishing characterized by populations or assemblages frame. Such time frames should be decided on of paragraphs 80 and 83 to 87 of its resolution area; of species with one or more of the following a case-by-case basis and should be in the order 61/105 and, in this regard, calls on regional iv. data and methods used to identify, describe characteristics: of 5–20 years, taking into account the specific fisheries management organizations or and assess the impacts of the activity, the ● slow growth rates; features of the populations and ecosystems. arrangements with the competence to regulate identification of gaps in knowledge, and an ● late age of maturity; bottom fisheries, States participating in evaluation of uncertainties in the information ● low or unpredictable recruitment; or 20. In determining whether an impact is negotiations to establish such organizations presented in the assessment; ● long-lived. temporary, both the duration and the frequency or arrangements, and flag States to take the v. identification, description and evaluation of at which an impact is repeated should be following urgent actions in areas beyond national the occurrence, scale and duration of likely v. Structural complexity – an ecosystem that is considered. If the interval between the expected jurisdiction: impacts, including cumulative impacts of characterized by complex physical structures disturbance of a habitat is shorter than the activities covered by the assessment on VMEs created by significant concentrations of biotic recovery time, the impact should be considered (a) Conduct the assessments called for in and low-productivity fishery resources in the and abiotic features. In these ecosystems, more than temporary. In circumstances of paragraph 83 (a) of its resolution 61/105, fishing area; ecological processes are usually highly limited information, States and RFMO/As consistent with the Guidelines, and to ensure vi. risk assessment of likely impacts by the dependent on these structured systems. Further, should apply the precautionary approach in that vessels do not engage in bottom fishing fishing operations to determine which impacts such ecosystems often have high diversity, which their determinations regarding the nature and until such assessments have been carried out; are likely to be significant adverse impacts, is dependent on the structuring organisms. duration of impacts. (b) Conduct further marine scientific research particularly impacts on VMEs and low and use the best scientific and technical productivity fishery resources; and Examples of potentially vulnerable species ANNEX III: UNGA RESOLUTION 64/72, information available to identify where vii. the proposed mitigation and management groups, communities, and habitats, as well vulnerable marine ecosystems are known DECEMBER 2009 – BOTTOM FISHERIES measures to be used to prevent significant as features that potentially support them are to occur or are likely to occur and adopt adverse impacts on VMEs and ensure long- contained in Annex 1. ON THE HIGH SEAS; KEY PARAGRAPHS conservation and management measures to term conservation and sustainable utilization prevent significant adverse impacts on such of low-productivity fishery resources, and the Paragraphs 17–20: Significant Adverse 113. Calls upon States to take action ecosystems consistent with the Guidelines, measures to be used to monitor effects of the immediately, individually and through regional or close such areas to bottom fishing until Impacts fishing operations. fisheries management organizations and conservation and management measures have 17. Significant adverse impacts are those that arrangements, and consistent with the been established, as called for in paragraph Paragraph 42: VMEs compromise ecosystem integrity (i.e. ecosystem precautionary approach and ecosystem 83 (c) of its resolution 61/105; structure or function) in a manner that: (i) approaches, to implement the 2008 (c) Establish and implement appropriate 42. A marine ecosystem should be classified as impairs the ability of affected populations to International Guidelines for the Management protocols for the implementation of paragraph vulnerable based on the characteristics that it replace themselves; (ii) degrades the long-term of Deep-sea Fisheries in the High Seas of 83 (d) of its resolution 61/105, including possesses. The following list of characteristics natural productivity of habitats; or (iii) causes, the Food and Agriculture Organization of the definitions of what constitutes evidence should be used as criteria in the identification of on more than a temporary basis, significant loss United Nations (“the Guidelines”) in order to of an encounter with a vulnerable marine VMEs. of species richness, habitat or community types. sustainably manage fish stocks and protect ecosystem, in particular threshold levels and

94 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN ResolutionS 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 95 indicator species, based on the best available exchange scientific and technical data and 129. Decides to conduct a further review scientific information and consistent with the information related to the implementation of the in 2011 of the actions taken by States and Guidelines, and taking into account any other measures called for in the relevant paragraphs regional fisheries management organizations conservation and management measures of its resolution 61/105 and the present and arrangements in response to paragraphs to prevent significant adverse impacts on resolution to manage deep sea fisheries in 80 and 83 to 87 of its resolution 61/105 and vulnerable marine ecosystems, including areas beyond national jurisdiction and to protect paragraphs 117 and 119 to 127 of the present those based on the results of assessments vulnerable marine ecosystems from significant resolution, with a view to ensure effective carried out pursuant to paragraph 83 (a) of its adverse impacts of bottom fishing by,inter alia: implementation of the measures and to make resolution 61/105 and paragraph 119 (a) of further recommendations, where necessary; and the present resolution; (a) Exchanging best practices and developing, taking into account the discussions occurring (d) Adopt conservation and management where appropriate, regional standards for during the workshop described in paragraph 128 measures, including monitoring, control use by States engaged in bottom fisheries of the present resolution. and surveillance measures, on the basis of in areas beyond national jurisdiction and stock assessments and the best available regional fisheries management organizations scientific information, to ensure the long-term or arrangements with a view to examining sustainability of deep sea fish stocks and non- current scientific and technical protocols target species, and the rebuilding of depleted and promoting consistent implementation of stocks, consistent with the Guidelines; and, best practices across fisheries and regions, Acknowledgements where scientific information is uncertain, including assistance to developing States in unreliable, or inadequate, ensure that accomplishing these objectives; conservation and management measures be (b) Making publicly available, consistent with The International Programme on the State of the established consistent with the precautionary domestic law, assessments of whether Ocean (http://www.stateoftheocean.org) approach, including measures to ensure that individual bottom fishing activities would have would like to thank the following for their fishing effort, fishing capacity and catch limits, significant adverse impacts on vulnerable support: The Pew Environment Group; the Deep as appropriate, are at levels commensurate marine ecosystems and the measures Sea Conservation Coalition; The JM Kaplan with the long-term sustainability of such adopted in accordance with paragraphs 83, Fund; The Oakdale Trust; and The John S Cohen stocks; 85 and 86, as appropriate, of its resolution Foundation. Dr Alex Rogers would like to thank 61/105, and promoting the inclusion of Dr Christopher Yesson, Institute of Zoology, 120. Calls upon flag States, members of this information on the websites of regional Zoological Society of London and Roxane Brown, regional fisheries management organizations or fisheries management organizations or Communications INC, London, U.K. for their arrangements with the competence to regulate arrangements; assistance in the preparation of the report. bottom fisheries and States participating in (c) Submission by flag States to the Food and negotiations to establish such organizations Agriculture Organization of the United Nations or arrangements to adopt and implement of a list of those vessels flying their flag measures in accordance with paragraphs 83, authorized to conduct bottom fisheries in 85 and 86 of its resolution 61/105, paragraph areas beyond national jurisdiction, and the 119 of the present resolution, and international measures they have adopted to give effect law, and consistent with the Guidelines, and not to the relevant paragraphs of its resolution to authorize bottom fishing activities until such 61/105 and the present resolution; measures have been adopted and implemented; (d) Sharing information on vessels that are engaged in bottom fishing operations in areas 121. Recognizes the special circumstances beyond national jurisdiction where the flag and requirements of developing States and State responsible for such vessels cannot be the specific challenges they may face in giving determined; full effect to certain technical aspects of the Guidelines, and that implementation by such 123. Encourages States and regional fisheries States of paragraphs 83 to 87 of its resolution management organizations or arrangements 61/105, paragraph 119 of the present to develop or strengthen data collection resolution and the Guidelines should proceed standards, procedures and protocols and in a manner that gives full consideration to research programmes for identification of the section of the Guidelines on “Special vulnerable marine ecosystems, assessment of Requirements of Developing Countries”; impacts on such ecosystems, and assessment of fishing activities on target and non-target 122. Calls upon States and regional fisheries species, consistent with the Guidelines and in management organizations or arrangements accordance with the Convention, including Part to enhance efforts to cooperate to collect and XIII;

96 The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas The Implementation of UN Resolutions 61/105 and 64/72 in the Management of Deep-Sea Fisheries on the High Seas 97