Aoa Briefing #2: Applying the Precautionary Principle to Marine Reserves and Marine Protected Areas

Home , Ocean fisheries

Image by John B. Weller. AOA Briefng #2: Applying the Precautionary Principle to Marine Reserves and Marine Protected Areas

AOA BRIEFING #2: APPLYING THE PRECAUTIONARY PRINCIPLE TO MARINE RESERVES AND MARINE PROTECTED AREAS

In Brief: Around the world, Marine Reserves (MRs) and Marine The use of the precautionary principle in ecosystem management Protected Areas (MPAs) are increasingly seen as valuable is especially important in the case of the marine environment where tools to ensure the long-term health of ocean ecosystems.1 scientifc uncertainties abound. Repeated failures of management At the World Summit on Sustainable Development (WSSD), highlighted by the collapse of northern cod off Canada, the States all across the world committed to establishing California sardine fshery, and herring, sandeel, blue whiting and representative networks of MPAs around the planet by capelin stocks in the North Sea have demonstrated the need for 2012.2 The Commission for the Conservation of Antarctic this approach in order to help address scientifc uncertainty.4 Marine Living Resources (CCAMLR) has previously agreed to meet the WSSD goal and designate a system of MPAs With the precautionary principle as a foundation many international around Antarctica.3 agreements and bodies have sought to apply a precautionary approach specifc to their particular challenges.5 By designating the proposed East Antarctic and Ross Sea MPAs, CCAMLR will demonstrate its commitment to the In its essence the precautionary principle requires taking action WSSD goal and the precautionary principle. This will reaffrm in the form of protective conservation and management actions the approach taken by CCAMLR which has led making to reduce the risk of serious and/or irreversible harm from an precautionary management of marine life a central principle, activity before negative consequences become apparent. The which is increasingly embraced in other international and establishment of MRs and MPAs is thus a precautionary act. national regimes.

The justifcation for protecting special places in the Southern CCAMLR PRECAUTIONARY CONTEXT Ocean still goes far beyond ‘precaution’. As one of the last great In Antarctica, the precautionary principle is included in the wildernesses, it is an exceptional place and deserves special conservation objectives of the CAMLR Convention and is implicit recognition – precaution is important but is not the only justifcation. in particular provisions of the Protocol of Environmental Protection to the Antarctic Treaty.6 Article II of the CAMLR Convention THE FOUNDATION OF THE PRECAUTIONARY establishes conservation and the ecosystem approach at the PRINCIPLE core of CCAMLR’s decisions regarding marine living resources. This central objective requires CCAMLR to achieve conservation The precautionary principle has deep roots fnding expression in objectives according to three principles of conservation.7 sayings such as ‘an ounce of prevention is worth a pound of cure’ CCAMLR’s capacity to achieve conservation objectives cannot be or ‘better safe than sorry’. As the need to address environmental limited by the state of scientifc knowledge. Management decisions issues was increasingly recognised in the late 20th century, the should take account of uncertainty associated with imperfect precautionary principle became more widely used in national and knowledge and should be ‘precautionary’ (i.e. conservative) in the international legislative contexts. absence of complete knowledge.

The precautionary principle was enshrined in International Law As CCAMLR’s approach to conservation evolved, agreement through Principle 15 of the Rio Declaration, 1992. The concept is was reached and decisions made to act in a precautionary way.8 now central to law making on a large range of issues, including Applying the precautionary approach to management decisions climate change, toxic chemicals and genetically modifed has become central to the setting of catch limits, developing organisms (GMOs), forests, wildlife protection and oceans. exploratory fsheries, addressing bycatch and protecting vulnerable marine ecosystems.9 MPAs are one of the most effective conservation mechanisms available to CCAMLR to ensure a truly precautionary approach.

www.antarcticocean.org AOA Briefng #2: Applying the Precautionary Principle to Marine Reserves and Marine Protected Areas

PRECAUTION IN REGIONAL FISHERIES Scientists note that “MPAs can serve to MANAGEMENT ORGANISATIONS (RFMOs) hedge against inevitable uncertainties, Many international institutions and RFMOs have endorsed the errors and biases in ﬁsheries use of the precautionary principle and precautionary approach in management. Marine Protected Areas (or conserving marine ecosystems and protecting biodiversity.10 as we have called them, simply, protected For example, the Convention on Biological Diversity (CBD)’s reserves) may well be the simplest and Conference of the Parties (COP) links the precautionary principle to best approach to implementing the the development of MPAs, noting that the COP “has a key role in precautionary principle.” supporting the work of the [UN] General Assembly with regard to marine protected areas beyond national jurisdiction, by focusing on provision of scientifc and as appropriate, technical information and advice relating to marine biological diversity, the application of the ecosystem approach and the precautionary approach.”11

MRs and MPAs are thus increasingly recognised as an important application of the precautionary principle in the marine environment. Improving traditional fsheries management, data and modelling cannot always ensure the long-term sustainability of marine life.12 Scientists note that “MPAs can serve to hedge against inevitable uncertainties, errors and biases in fsheries management. Marine Protected Areas (or as we have called them, simply, protected reserves) may well be the simplest and best approach to Crabeater seal. Image by Cassandra Brooks. implementing the precautionary principle.”13

SUPPORT FOR THE PRECAUTIONARY PRINCIPLE There are many international agreements that relate to conservation and fsheries management that include key elements of the precautionary principle, although not all CCAMLR Members may be party to them.

Organisation/Agreement Treaty/Convention/Regulation Relevant Text

Convention on Future Multilateral “When making recommendations in accordance with Article 5 or North-East Atlantic Co-operation in North-East 6 of this Convention the Commission shall in particular…apply Fisheries Commission Atlantic Fisheries (NEAFC) (London the precautionary approach…take due account of the impact (NEAFC) Declaration and New Convention) of fsheries on other species and marine ecosystems”.14

Resolution of the General Council of NAFO on the Interpretation and “The Contracting Parties to the Convention…intend to…apply Northwest Atlantic Implementation of the Convention the precautionary approach in accordance with Article 6 of the Fisheries Organization on the Future Multilateral 1995 Agreement;…take due account of the impact of fsheries (NAFO) Cooperation in the Northwest on other species and marine ecosystems”.15 Atlantic Fisheries (2008)

“The objective of this Convention is “through the application of Convention on the Conservation the precautionary approach and an ecosystem approach to South Pacifc Regional and Management of High Seas fsheries management, to ensure the long term conservation Fisheries Management Fishery Resources in the South and sustainable use of fshery resources and, in doing Organisation (SPRFMO) Pacifc Ocean so, to safeguard the marine ecosystems in which these resources occur”.16

www.antarcticocean.org AOA Briefng #2: Applying the Precautionary Principle to Marine Reserves and Marine Protected Areas

Organisation/Agreement Treaty/Convention/Regulation Relevant Text

“It shall inter alia be the duty of the Commission…to develop The Convention for the Protection means, consistent with international law, for instituting Oslo-Paris Agreement of the Marine Environment of the protective, conservation, restorative or precautionary measures (OSPAR) North-East Atlantic, Annex V related to specifc areas or sites or related to particular species or habitats”.17

“the Contracting Parties shall apply, in particular, the following South Indian Ocean South Indian Ocean Fisheries principles… the precautionary approach shall be applied Fisheries Agreement Agreement in accordance with the Code of Conduct and the 1995 (SIOFA) Agreement”.18

Resolution 12/01 On the “The Indian Ocean Tuna Commission…Agrees…to the Indian Ocean Tuna Implementation of the Precautionary following:…[t]o apply the precautionary approach in Commission (IOTC) Approach accordance with relevant internationally agreed standards”.19

“The Conference of Parties to the Convention…resolves that by Convention on virtue of the precautionary approach and in case of uncertainty International Trade in Criteria for amendment of regarding the status of a species or the impact of trade on Endangered Species of Appendices I and II (1994, revised the conservation of a species, the Parties shall act in the best Wild Fauna and Flora 2002, 2004, 2007, 2010) interest of the conservation of the species concerned and… (CITES) adopt measures that are proportionate to the anticipated risks to the species”.20

In order to protect the environment, the precautionary Report of the United approach shall be widely applied by States according to their Nations Conference Rio Declaration on Environment capabilities. Where there are threats of serious or irreversible on Environment and and Heritage damage, lack of full scientifc certainty shall not be used as Development, Annex 1, a reason for postponing cost-effective measures to prevent Principle 15 environmental degradation.

Article 6: Application of the precautionary approach 1. States shall apply the precautionary approach widely to United Nations Convention United Nations Fish Stocks conservation, management and exploitation of straddling fsh on the Law of the Sea Agreement21 stocks and highly migratory fsh stocks in order to protect the living marine resources and preserve the marine environment.22

CONCLUSION

The Antarctic Ocean Alliance submits that the precautionary The establishment of MPAs and MRs by CCAMLR is thoroughly principle is central to the conservation systems of CCAMLR and consistent with the precautionary principle and can help CCAMLR is a fundamental element of the Convention as it was originally in its obligation to apply it. MPAs, as encouraged by Article IX 2 conceived. (g) of the Convention, are an effective conservation mechanism available to CCAMLR to ensure a truly precautionary approach to the conservation of Antarctic marine life.

www.antarcticocean.org AOA Briefng #2: Applying the Precautionary Principle to Marine Reserves and Marine Protected Areas

1. Lubchenco J, Palumbi, SR, Gaines, SD, and Andelman S. 2003. 12. Lauck, T, Clark, CW, Mangel, M and Munro, GR. 1998. Plugging a Hole in the Ocean: the Emerging Science of Marine Implementing the precautionary principle in fsheries management Reserves. Ecological Applications 13(1): S3-S7. through marine reserves. Ecological Applications 8: S72-S78.

2. World Summit on Sustainable Development. 2002. Agenda 21 13. Lauck et al. 1998. Plan of Implementation, paragraph 32 (c). 14. North East Atlantic Fisheries Commission. 2007. London 3. CCAMLR-XXVIII Final Report, paragraph 7.19. Declaration and New Convention. http://www.neafc.org/basictexts

4. HARREMOËS, P., GEE, D., MACGARVIN, M., STIRLING, A., KEYS, 15. Northwest Atlantic Fisheries Organization. 2008. Resolution of the J., WYNNE, B., and GUEDES VAZ, S. (eds.) (2001), Late lessons General Council of NAFO on the Interpretation and Implementation from early warnings: the precautionary principle 1896–2000, of the Convention on the Future Multilateral Cooperation in the Environmental issue report no. 22. Copenhagen: European Northwest Atlantic Fisheries. http://www.nafo.int/ Environment Agency. http://www.eea.europa.eu/publications/ 16. South Pacifc Regional Fisheries Management Organization environmental_issue_report_2001_22 (SPRFMO). 2010. Convention on the Conservation and 5. Johnston P & Santillo D 2006 The Precautionary Principle: Management of High Seas Fishery Resources in the South Pacifc A Barrier to Innovation and Progress? Greenpeace Research Ocean. http://www.southpacifcrfmo.org/about-the-sprfmo/. Laboratories Discussion Paper 01-2006. http://www.greenpeace. 17. OSPAR. 2006. The Convention for the Protection of the Marine to/publications/precaution-and-innovation.pdf Environment of the North-East Atlantic. http://www.ospar.org/ 6. The Protocol of Environmental Protection to the Antarctic content/content.asp?menu=01481200000000_000000_000000 Treaty, Art 3 (2(c) requires that “activities shall be planned and 18. South Indian Ocean Fisheries Agreement. 2006. South Indian conducted on the basis of information suffcient to allow prior Ocean Fisheries Agreement. http://ec.europa.eu/world/ assessment assessments of, and informed judgments about, their agreements/prepareCreateTreatiesWorkspace/treatiesGeneralData. possible impacts. do?step=0&redirect=true&treatyId=6661. 7. CAMLR Convention. 1980. Article II. 19. Indian Ocean Tuna Commission. 2012. Resolution 12/01 On the 8. Understanding CCAMLR’s Approach to Management edited by Implementation of the Precautionary Approach. Karl-Hermann Kock May 2000. http://archive.ccamlr.org/pu/e/e_ http://www.iotc.org/English/resolutions.php. pubs/am/am-all.pdf 20. CITES. 2010. Criteria for Amendment of Appendices I and II. Conf. 9. Constable et al. 2000. 9.24, Rev. CoP 15. http://www.cites.org/eng/res/index.php.

10. Currie, DEJ. 2007.Ecosystem-Based Management in Multilateral 21. The United Nations Agreement for the Implementation of the Environmental Agreements: Progress towards Adopting the Provisions of the United Nations Convention on the Law of the Ecosystem Approach in the International Management of Sea of 10 December 1982 relating to the Conservation and Living Marine Resources. Rome: WWF International, Global Management of Straddling Fish Stocks and Highly Migratory Species Programme. Fish Stocks.

11. CBD COP 10, Decision IX/29 on Marine and Coastal Biodiversity, 22. Agreement For the Implementation of the Provisions of the United §24. http://www.cbd.int/doc/decisions/COP-10/cop-10-dec-29- Nations Convention on the Law of The Sea of 10 December 1982 en.pdf Relating To The Conservation And Management Of Straddling Fish Stocks And Highly Migratory Fish Stocks, (1995) Article 6. http://www.un.org/Depts/los/convention_agreements/texts/fsh_ stocks_agreement/CONF164_37.htm

About the Antarctic Ocean Alliance

The Antarctic Ocean Alliance is a coalition of more than 30 leading environmental organisations and high-profle individuals working together to achieve large-scale protection for key Antarctic ocean ecosystems. Alliance members include the Pew Environment Group, Greenpeace, WWF, the Antarctic and Southern Ocean Coalition (ASOC), Whale and Dolphin Conservation (WDC), Humane Society International, Mission Blue (US), International Fund for Animal Welfare (IFAW), Oceans 5 (US), Deep Wave (Germany), The Last Ocean, Greenovation Hub (China), the Korean Federation for Environmental Movement (KFEM), Forest & Bird (NZ), ECO (NZ) and associate partners the Natural Resources Defense Council (NRDC), Oceana, TerraMar Project, the International Polar Foundation (UK), Plant a Fish, the International Programme on the State of the Oceans (IPSO), the Ocean Project, Bloom Association (France), OceanCare (Switzerland), Eco-Sys Action, Ocean Planet (Australia) and Corail Vivant (New Caledonia). AOA Ambassadors include actors Leonardo DiCaprio, Edward Norton, Oceanographer Dr. Sylvia Earle, entrepreneur Sir Richard Branson, Chinese entrepreneur and explorer Wang Jing and Korean actor Yoo Ji-Tae.