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: Black oreo (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 Chile, 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 krill 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 Nototheniidae 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 Uruguay, 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). Marine Biology 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 Atlantic Canada. 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 Labrador: 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 continental margin (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