Suggestion 2: Obligation to undertake specified management measures

 

 

Prescribe management measures to be undertaken by Parties with respect to activities, vessels and persons under their jurisdiction and control, and with respect to relevant regional, sectoral and other international organizations, including:

 

• the prohibition of the dumping or discharge of wastes and other substances …;
• the regulation of navigation;
• the regulation of the introduction of any non-indigenous species …;
• the regulation or prohibition of any activity involving the exploration or the exploitation of the seabed or its subsoil;
• the regulation of any scientific research activity;
• the regulation or prohibition of fishing, hunting, taking of animals and harvesting …. as well as trade in animals, parts of animals, plants, parts of plants;
• the regulation of artificial installations;
• the regulation and if necessary the prohibition of any other activity or act likely to harm or disturb the state of conservation of the ecosystems or species or might impair the natural characteristics of the marine protected area;
• special requirements for EIAs and permitting processes for activities with potential to affect MPAs;
• any other measure aimed at safeguarding ecological and biological processes.

 

 

References/Examples:

SPA/BD Protocol to the Barcelona Convention Art 6 on Protection Measures

Suggestion 3: Adoption of conservation and management measures by competent international organizations

 

 

Provide that Parties cooperate to ensure that competent international organizations adopt conservation and management measures within a specified amount of time (e.g. 2 years).

 

Measures should be designed to meet the conservation objectives of the MPA and otherwise prevent [significant] adverse impacts.

 

 

References/Examples:

UNGA Res. 61/105 para 83 (calling upon RFMOs/A to adopt and implement measures to identify vulnerable marine ecosystems and prevent significant adverse impacts)

Suggestion 4: Measures which could be adopted by the decision making body

 

 

The decision-making body itself could take management measures to ensure that harmful or potentially harmful activities do not take place, where:

 

• No measures have been taken within the specified period of time
• Measures taken are not deemed sufficient by the decision making body (after advice of the relevant subsidiary body)
• There is an immediate or pressing emergency, in which case the decision-making body shall meet in extraordinary session to decide on measures.

 

 

References/Examples:

Kuala Lumpur Protocol Art 5 (competent authority may take measures when the operator has not)

International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties Art I (emergency measures)

Suggestion 5: Emergency measures

 

 

If a threat of serious damage in a designated/proposed MPA, Parties shall act immediately to stop or prevent potential or actual harmful activities under their jurisdiction or control.

 

 

References/Examples:

SPRFMO Art 20, para 5 (emergency measures where serious threat)

International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties Art I

Suggestion 6: Interim measures

 

 

For MPAs pending adoption of sectoral measures, States shall refrain from permitting or expanding existing activities that may undermine the MPA.

 

 

References/Examples:

South Pacific RFMO CMM 2.03 on Bottom Fishing Para 8(d) (“freezing the footprint” rule)

Suggestion 7: Stricter measures

 

 

Provide that nothing in this agreement shall be interpreted as preventing a State Party from taking, individually or jointly with other States Parties, more stringent measures with respect to the conservation of marine biodiversity, including proposed or designated MPAs, consistent with international law.

 

 

References/Examples:

International Convention for the Control and Management of Ships' Ballast Water and Sediments Art 3

UNCLOS Art 192

UNCLOS Art 211.3

CMS Art XII.3

Cartagena Protocol Art 2