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The University Of Western Australia

Education & Academic Entities

www.megamove.org / www.uwa.edu.au

Main challenge is the integration of animal data to reduce detrimental impacts from human activities in open ocean and the threats that derive from those activities (e.g, fishing, shipping, climate change, plastic and noise pollution). Opportunities include that there are global initiatives (such as www.megamove.org) that are working globally to engage with the marine movement ecology community and analyse tracking data from animals to inform where overlaps are excessive and may result in injury or death of endangered animals.

New partnerships between research, governmental organisations and policy makers need to take place to reduce the scale mismatch in international law and conservation needs.

Recommendations include prioritising the setup of a well coordinated network of marine protected areas to ensure threatened species receive the protection they need - without this, the sustainable use of resources is not possible.

Yes

AJEMALEBU SELF HELP (AJESH)

Non-Governmental Organization

Most African based communities are still to come to terms with the reality of COVID-19. The key challenge here is that most international and national measures put in place are not respected in the local communities particularly coastal communities. This is also as a result of limited available resources (finance, human, materials) at by both government and civil society organisations in reaching out to the locals. This has limited and created huge gaps in the measures and actions put in please by both governments and international bodies in addressing the conservation and sustainable use of oceans and their resources. However, the are still open windows, The CSOs to pilot the implementation of international laws in the communities.

Effective and mass involvement of community based organisations, local CSOs/NGOs and the local coastal communities in all actions with adaptive user friendly approaches developed, case by case. This however means a total refrain from technology importation out of the concerned area or seascape.

Mass inclusive and tailored oriented and community friendly sensitization approaches with effective involvement of the local communities and the local traditional governments.

Yes

China Biodiversity Conservation and Green Development Foundation

Non-Governmental Organization

The current negotiations of the BBNJ, we see that a lot of civil society organisations have not been invited in yet, a situation we are worried about.

The birth of a good international law must have sufficient input from civil society's opinion.

The various international laws have to cooperate. A simple example: CBCGDF's wondering why the critically endangered southern bluefin tuna is continued to be harvested, & there is no any international law - CITES, or CMS, or other - that prohibits the continued capture?

1. this COVID-19 has shown us the power of nature to restore itself. the CBCGDF suggested this Ocean Conference that the ocean should be allowed to restore itself, by reducing human activities and let the ocean be. More marine protected areas should be created to reduce human activities and interference.

2. In any construction project involving the ocean, ensure adequate biodiversity assessment. The lesson of "Hainan Seaflower Island" is tragic, a large number of native coral reefs and White Mother of Pearl Shell were destroyed by a real estate dvlp project. CBCGDF believed that such things should be avoided globally with serious biodiversity assessment in the future.

Yes

Annpeters Global Humanitarian Foundation

Non-Governmental Organization

www.annpetersfoundation.org

COVID and large gathering,lack of implementation,actions and finance.The restriction of law that affect whole lot.

CREATE ENABLE ENVIRONMENT FOR NEW PARTNERSHIP TO OPERATE AND CHANGE THE STATIC IN THE LAW OF THE SEA.REMOVE RESTRICTION,ALLOW USAGE OF THE OCEAN WITH CONSTANT CHECKING.REVIEW AND RE-ADDRESS THE LAW THAT WILL INVOLVE ALL BODIES TO TAKE DECISIONS.

The main recommendation will based on action and reaction.putting law,implementing it,observe all option by sampling option,choose the favorable ones and implement it.

Yes

Stakeholders Online Consultation - Update to Concept Paper 7 - Enhancing the conservation and sustainable use of oceans and their resources by implementing international law, as reflected in the United Nations Convention on the Law of the Sea

Education & Academic Entities

Stakeholders Online Consultation - Update to Concept Paper 7 - Enhancing the conservation and sustainable use of oceans and their resources by implementing international law, as reflected in the United Nations Convention on the Law of the Sea

Yes

Non-Governmental Organization

Covid has pushed the public to take more notice of zoonotic virus outbreaks from current forms of intensive agriculture, aquaculture, and deforestation. Also, the public is more conscious than ever that aquatic animals are sentient beings who can feel pain and suffer. This should be reflect into law, such as UNCLOS.

Work with NGOs, FAO, the OIE and other entities on redefining UNCLOS.

Work with NGOs, FAO, the OIE and other entities on redefining UNCLOS to take a welfare-based approach in setting international law, recognizing animal sentience in aquatic animals, and directing society to enshrine their welfare into law.

Yes

Jesuit Justice and Ecology Network Africa

Faith-based organization

The COVID-19 pandemic has seen continued human rights abuses caused by exploitative practices like distant water fishing and ill-advised coastal development projects. Implementing UNCLOS, which itself is a weak document on anything other than jurisdictional questions, will not solve these problems. Rather, we need to implement international human rights law and the FAO's small-scale fishery guidelines.

Coastal communities are the most important partners. This question is misguided because UNCLOS is not designed to protect them.

The FAO's SSF guidelines should be strengthened and implemented more widely.

Yes

Adopted on 2 November 2001 at the 31st General Conference of UNESCO, the Convention on the Protection of the Underwater Cultural Heritage urges States to take all appropriate measures to protect underwater heritage. Recognizing that underwater cultural heritage is largely unknown and unprotected, the Convention provides a common legally binding framework for States on how to better identify, research and protect their heritage.

It is important to include heritage managers in all discussions on ocean law.
Also note: the UNESCO 2001 Convention already contains a functioning mechanism for protection in international waters, that should be made known in all processes discussing this kind of protection.

The UNESCO 2001 Convention gives a key role to the preservation of underwater cultural heritage and the natural context in which it is found. Sustainable development, the preservation of heritage and of our oceans are intrinsically linked. Understanding and conserving underwater cultural heritage, helps understand climate change, sea level rise and the cultural exchanges that have shaped our history and that of the oceans. It also helps to encourage technological and scientific progress. The legal processes elaborated to do so can also be useful in other contexts.

Yes

South West Indian Ocean Tuna Forum

Non-Governmental Organization

There is an opportunities in addressing restoration and rehabilitation of marine and coastal ecosystems using carbon financing. This is practiced by a few community groups in coastal areas. This can be scaled up or replicated in many other parts.

Yes, partnership around put in placing mechanisms for small scale fishers for COVID 19 post economic recovery considering the loss they have experienced over the past 2 years

Include the conservation of locally marine spaces in the national data to contribute to target 5. Many countries including Kenya does not recognize locally managed marine areas in their national records yet there is alot of effort from the communities in conserving coastal and marine areas. A recommend is to build up on what the communities are doing to held in achieving the 10% conservation cover

Yes

Association Bermeo Tuna World Capital

Public-private association

www.bermeotunaworldcapital.org

Due to the forecast increase in world population and climate change, among other factors, global fish consumption will increase and demand will be difficult to meet, as most natural marine resources are at their maximum sustainable yield. Therefore, raw materials such as tuna will become a strategic resource.
As a consequence, threats to the long-term sustainability of the fisheries sector emerge: IUU fishing, fraud in the supply chain, degradation of working conditions, etc.
Safeguarding the fundamental role of tuna for sustainable development, food security, the economy, and working towards responsibility throughout its value chain, are of paramount importance for humanity.

BTWC will elaborate an International Declaration Agreement for Tuna Sustainability, which will be presented at Bermeo Tuna Forum on 2022, focused on the necessity of establishing partnerships for the sustainable management of tuna, creating also an alliance of global sustainable tuna cities.

From BTWC and through the promotion of the Declaration for Tuna Sustainability agreement, we recommend the commitments that we acquire and promote through this declaration:
Promote social standards and the improvement of labour rights for all those involved in the tuna value chain; implement tools that guarantee the traceability of all commercial transactions, thereby preventing fraud and the entry of illegal fishing into commercial circuits; promote the mandatory reporting of the origin of the fish in all products; reject any type of fish from illegal fishing practices; improve governance systems with efficient control and auditing measures that strengthen the practice of a sustainable fishing policy… Among others.

Yes

North America

Non-Governmental Organization

https://www.pewtrusts.org/en/

The COVID pandemic caused delays in negotiating the BBNJ treaty and the International Seabed Authority’s (ISA) regulations to govern the exploitation of mineral resources in ABNJ. The BBNJ treaty could enable the global community to establish marine protected areas, environmental impact assessments, and provide for greater data sharing and capacity development. Securing a robust BBNJ treaty remains the greatest opportunity to address the conservation and sustainable use of oceans and their resources. Many member States and stakeholders of the ISA have noted timelines to be extremely challenging, both due to the constraints posed by the pandemic, and due to the complexity of issues at play and divergence of views within the regulations.

Responses to COVID-19 has limited stakeholder engagement. Effective partnerships to work on conservation measures/management tools and awareness raising are critical. Collective action requires multi-stakeholder and public-private partnerships, including access for civil society.

The BBNJ Agreement needs to include a network of protected areas, and robust provisions for environmental impact assessments to avoid engaging in activities that are likely to have adverse effects on the marine environment.
A strong Mining Code that ensures the protection of the marine environment from mining activities is a direct obligation of the ISA. SDG14 hinges upon the adoption of a strong regulatory framework to govern deep sea mining consistent with current scientific knowledge of the deep-sea, which must not be sacrificed in the pursuit of an arbitrary two-year deadline.

Yes

Partnership for Observation of the Global Ocean (POGO)

Non-Governmental Organization

Research cruises have been severely affected by the pandemic, and further disruption would result from the planned application of MSR regulations to ABNJ. This would mean research cruises in ABNJ would have to be approved 6 months in advance, with potential impacts on the ability of cruises to change course in response to adverse weather, disruptions to observing system maintenance and repairs (that could be out of action for 6 months while awaiting MSR approval). It would be impossible for the research community to respond to major incidents such as oil spills, earthquakes, tsunamis, volcanic eruptions, which is critical for both improving our understanding and prediction of these events as well as for helping to mitigate their impacts.

Greater dialogue between the scientific community, governments, intergovernmental (UN) bodies and their legal departments is necessary to find solutions that can allow scientific research and observations to continue unhindered, and to support the SDG process for the benefit of all.

The implementation of and reporting on SDG-14 relies heavily on sustained ocean observations, including biological observations in support of biodiversity assessments, MPA management, fisheries etc. BBNJ seeks to apply some of the provisions of CBD to cover international waters through UNCLOS, which risks negative impacts on marine biological and biomolecular research for the public good. Issues include access and permitting to collect material samples (incl. future sample reuse), sample transportation (esp. when samples include unknown taxa) and restrictions on publication, data exchange etc. These issues need to be addressed, as well as the MSR issues that can hamper ocean observation efforts more generally.

Yes

Non-Governmental Organization

The major challenge is the limited institutional coverage of the majority of ocean space falling outside national jurisdiction and the purview within the EEZs. High Seas governance mechanisms are either inexistent or unenforceable. Greater equity and inclusiveness conceived in the Law of the Sea (e.g. for countries without a coastline) needs capacity building to create a level playing field. Regular dialogue among governments and including civil society appears as the best opportunity to address the urgent restoration of ocean health, incl. through concluding the 30x30 negotiations, phasing out harmful fisheries subsidies and discouraging deep sea mining as structurally unsustainable.

The UN Ocean Conference shall encourage an enabling policy environment that promotes innovative solutions, incl. more engagement with financial sectors and civil society, informed by science and practice to drive ocean restoration for long-term economic development in a climate neutral approach.

The ocean is the biggest connected ecosystem on the planet. UNCLOS promotes the meaning of the ocean as a common good: 'a common heritage of [Hu]mankind'. This also implies the ocean as a space of peace and universal human rights, including for food insecure people around the world, refugees and future generations. A human rights approach is essential for the full realisation of SDG 14 in the context of the interdependent SDGs and the spirit and practical implementation of Agenda 2030. Promoting multi-stakeholder consensus around the application and enforcement of UNCLOS and other key international conventions is essential for restoring ocean health and enabling its sustained use.

Yes

Non-Governmental Organization

Despite the existence of international law, IUU fishing continues to fuel overfishing and puts marine ecosystems under severe pressure. This has disastrous consequences for both the marine environment and for people who depend on the ocean for their sustenance. Moreover, the high seas still remain overexploited and their biodiversity is in danger. Protecting the high seas would mean protecting all life on the planet from the worst impact of climate change and urgent action from all stakeholders is needed now. One Ocean summit in Brest has resulted in several commitments such as the High Ambition Coalition on Biodiversity Beyond National Jurisdiction” (BBNJ) or a Global Coalition for Blue Carbon.

The High Ambition Coalition etc is important for ocean conservation, but UNCLOS does not address CO2 impacts/benefits or biodiversity conservation, so new partnerships and regulations are needed. UNFCCC and CBD could ensure these items are integrated into international decision making and laws.

The Treaty of the High Seas has the opportunity to provide a global framework for Marine Protected Areas (MPAs) in the high seas, ensure that the impact of harmful activities will be assessed and facilitate scientific research on the unexplored parts of the ocean. Therefore, countries and international organisations should step up their efforts to achieve an ambitious outcome of the ongoing negotiations for a Treaty. Measures should be also taken to strengthen the fights against IUU fishing by improving controls and monitoring.

Yes

Non-Governmental Organization

"COVID has led to delays in negotiations, decisions and their implementation with regard to the SDGs, BBNJ and ABNJ. The danger is that due to the tight time frame, decisions are made without the necessary and important exchange with science, NGOs and the civilian population. The example of deep sea mining is particularly critical here. But also SDG 14.6 is still open and overdue for more than a year.
A strong and secure BBNJ treaty offers one of the greatest opportunities to address the conservation and sustainable use of the oceans and their resources."

"COVID 19 has hindered or prevented international and interdisciplinary collaboration.
However, close cooperation between politics, NGOs, science and civil society is of utmost importance to achieve a sustainable implementation of SDG14."

"BBNJ agreement including a global network of MPAs (30% as ""No Take Zones"" or at least ""Highly protected Areas"") & provisions for environmental impact assessments to avoid activities with negative impacts on the marine environment
-Ending harmful fishing practices
-Precautionary principle of UNCLOS Fish Stock Agreement at all RFMOs, following scientific advise to immediately stop overfishing and rebuild overfished stocks with high probability within shortest time- applied also to bycatch
-""Fins Naturally Attached"" policy throughout all national jurisdictions and RFMOs to stop global overexploitation of sharks
- Moratorium on deep sea mining, to protect the severely threatened deep-sea from impacts that are still not even understood"

Yes

North America

Education & Academic Entities

Initial pandemic shutdowns saw a reduction in marine noise pollution and traffic, facilitating the return of local aquatic species in several areas and raising public awareness on the critical impacts of human activity on biodiversity. However, the return to business-as-usual approaches moving forward has continued to facilitate the loss of sea ice and reopening of the “Northwest Passage”, allowing for an increase in ship traffic which poses serious threats to fragile marine ecosystems. Finally, ongoing sea level rise has continued to threaten the livelihoods of those in Small Island Developing States, impacting states’ ability to maintain and protect their marine jurisdictions under international law.

Applying hydrodiplomacy practices to the ocean context could help build new partnerships, create transnational marine protected areas, better communicate fishing yields, methods, and standards across borders, and expand upon the responsibilities outlined for each state in Article 94 of UNCLOS.

In summary, recommendations include: more specific, research-informed annual fishing yields that are recognized across state boundaries as well as stronger legal and policy mechanisms to implement these maximum yields and better protect vulnerable marine species and habitats; proactive reconciliation and creation of legal frameworks for unclear marine boundaries and partnerships that are founded on the basis of marine protection and rehabilitation with respect to local economies and knowledge; improved legal support within international law for Small Island Developing States and regions that are most at-risk for sea level rise and face subsequent challenges with maintaining and protecting marine-based livelihoods.

Yes

Whale and Dolphin Conservation

Non-Governmental Organization

Challenge: increased regional disputes over marine areas as expansive states make claims on previously high seas areas.
Putting into place an effective management regime for high seas marine protected areas, following the UN BBNJ process to devise a legally binding agreement.

Challenge: missiles and weapons testing that takes place in the ocean and other military activities are detrimental to sea life.

Challenge: better understand the health implications on human health from consuming toxic-laden marine mammal meat and fish (linking to SDG3)

Use of scaleable Convention on Migratory Species and other relevant MEA mechanisms to create opportunities to enhance regional/member/range state cooperation.

International agreements established before development of SDGs require enhancement of conservation objectives as a priority over previously damaging focus on exploitation.

As noted by UNCLOS 65 and 120, need for recognition that some species (in this case cetaceans) require international cooperation for their conservation, especially as we now know they play an essential role in providing globally important ecosystem functions that exceed direct use and economic qualification and should exclude any exploitative value in order to safeguard those species and their role for future generations

Yes

Dept. for Continental Shelf, Maritime Zones Administration & Exploration

https://csmzae.govmu.org/SitePages/Index.aspx

The Department for Continental Shelf, Maritime Zones Administration & Exploration (CSMZAE) is elaborating a Marine Spatial Plan, for the Exclusive Economic Zone of the Republic of Mauritius, in view of the increasing demand for marine space in the maritime zones for various purposes, particularly, fisheries and aquaculture, marine renewable energy, tourism and leisure. Three strategic drivers for MSP have been identified based on a survey conducted among stakeholders, namely: (i) Preservation and Conservation of the marine environment (SDG 14); (ii) New Economic Activities; and (iii) Ocean Observatory E-Platform.

Under each MSP strategic driver, several workshops and trainings have been organised by the Dept. for CSMZAE in collaboration with various international/regional agencies(e.g UNESCO and IORA) for the dissemination of information and addressing capacity building needs at national and regional levels.

MSP is proving to be an efficient and useful tool in the judicious use of marine space whilst resolving and reducing conflicts among sea users for the sustainable development and use of the oceans and their resources. The centralisation of information concerning the resources within the maritime zones of Mauritius, under the Ocean Observatory E-Platform, supports the MSP initiative by enabling data-driven decision making, including decisions linked to conservation. The COVID-19 pandemic having struck at a critical time during the finalisation of the SDG assessments and objectives of many countries, it is advisable to promote a corresponding extension concerning their computation and implementation.

No

Non-Governmental Organization

Main challenge: the fast developments of deep-sea mining (DSM), with the ISA fast-tracking the adoption of an exploitation regulation, before the BBNJ process is finalised, and while gaps in scientific knowledge are significant. The extractivism agenda is in conflict with the ocean conservation goals of the SDG 14.
Scientists have warned that deep seabed mining will cause irreversible biodiversity loss far beyond actual mining sites. The ISA's lack transparency and environmental capacity and is pursuing an explicit mining agenda – even though protection of the deep sea environment is its mandate. There is broad societal support for a moratorium on deep sea mining.

Deep Sea Conservation Coalition, Seas At Risk, Deep Sea Mining Campaign, Deep Ocean Stewardship Initiative

- Instead of advancing deep sea mining, invest in sustainable alternatives, i.e. transformation to a resource efficient, circular economy in line with SDG 12. Create an international governance mechanism for the conservation and sustainable use of all mineral resources.
- Establish a global moratorium on deep-sea mining with conditions proposed by the Deep Sea Conservation Coalition and the moratorium call by the International Union for the Conservation of Nature,
- Make the UN Ocean Treaty the overarching framework for the sustainable management of all uses of the ocean and set aside at least 30% of ocean as a network of Marine Protected Areas and ensure the rest of the ocean is sustainably managed and restored to health.

Yes

BUSINESS INNOVATION RESEARCH DEVELOPMENT

Latin and the Caribbean

Non-Governmental Organization

https://www.slideshare.net/GeorgeRADJOU

Law of the seas is important for the country ownership on the rights of the lands and the activities in order to add the plus values and reduce the conflict around the territorial integrity of a country around specific features that are the channels, the straits and the continental shelves. There a higher probability to have the arbitration and disputes around seas that can be resolve by the International Court of Justice. As we can often, the law of the seas are to soft against the environmental crimes. Only sovereign countries can create a regulation to protect oceans and seas. Perhaps the needs for action and surveillance of international seas and oceans with satellites to monitor the status of global commons and the continental shelves.

Partnerships toward the health, safety, hygiene, due diligence and governance.

The future of the sustainable will go through new judiciary system, such as the Narcotic, drug and crimes and policing with powerful administration to combat trafficking, while ensuring the people participation in the management of the seas and oceans (private, NGO)

Yes

Ocean Policy Research Institute of the Sasakawa Peace Foundation (OPRI-SPF)

Science & Technological Community

Ocean Policy Research Institute of the Sasakawa Peace Foundation (OPRI-SPF)

There has been progress in developing a new agreement on marine biodiversity beyond national jurisdiction (a proposed new BBNJ Agreement). It is also useful to develop an agreement on the elimination of marine plastics that also needs to be consistent with the UN Convention on the Law of the Sea (UNCLOS). The Open-ended Informal Consultative Process on Oceans and the Law of the Sea (ICP) provided useful platforms to discuss issues salient to the effective implementation of UNCLOS and address priority ocean issues and international partnership. The BBNJ Negotiating Committee meeting has been postponed due to the pandemic. ICP interactions were also restricted to the online dialogues except for those who reside in New York.

The Negotiating Committee for the BBNJ Agreement provides a useful platform for government officials, experts and stakeholders to address priority issues for the conservation and sustainable use of marine resources. ICP also provides useful platforms to promote sustainable ocean economies.

It is vital to facilitate and conclude negotiations and to adopt and facilitate the implementation of the new BBNJ agreement that must be science based, universally applicable, inclusive, pragmatic and effective in promoting the conservation and sustainable use of marine biodiversity and benefit sharing from the use of marine genetic resources. ICP should continue to serve as a platform to facilitate multi-stakeholder dialogues on ocean issues and related policy, science and stakeholder actions.

Yes

Non-Governmental Organization

Main Trends: The most important trend is the measures taken by many governments to incentivize economic growth in the wake of the COVID-19 pandemic have on occasion overridden the legal protection of rights of Indigenous Peoples to ocean under the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

Challenges: The possible convergence between international indigenous rights law and the law of the sea UNCLOS. Issues covering Indigenous Protected and Conserved Areas (IPCAs), to marine spatial planning and monitoring activities, and enforcement of Indigenous laws in coastal territories.

Opportunities: To ensure that Indigenous co-governance models based on the principles of UNDRIP while implementing UNCLOS.

Areas for partnerships: Advance Indigenous-led sustainable ocean economies, and recognizes and invests in Indigenous Protected and Conserved Areas and Indigenous Guardians programs to ensure legal coherence with UNCLOS and to avoid potential negative impacts on Indigenous People’s collective rights.

1. UNCLOS recognize the importance of Indigenous peoples’ roles as full partners in all aspects of design, management, and decision-making around marine protected areas.

2. UNCLOS requires compatibility as it does not necessarily apply exclusively, and indeed there may be instances where other instruments also apply.

3. Explore potential legal pathways for UNDRIP to provide a supportive role for the law of the sea considering provisions that might qualify as law of the sea matters and which are not already addressed by UNCLOS.

4. Examine whether indigenous marine resource rights could potentially be transboundary, with potentially have a more direct relationship to UNCLOS provisions

Yes

Western Pacific Regional Fishery Management Council

North America

Adaptive management of fisheries and ecosystems has been shown to be a more efficient mechanism of achieving objectives such as those in SDG14 and related UNCLOS negotiations. Adaptive management should be a major theme in any international legal frameworks, particularly those underlined in the UNCLOS BBNJ. This should include stipulations for periodic evaluation of any policies or implementation of area-based management tools under BBNJ versus alternative management actions. A “Science and Technical Body” (as discussed in existing negotiations) should assume this responsibility.

Coordination between the UN and regional fishery management organizations (RFMOs) with their science and technical committees is needed to develop policies for SDG14 that are evidence-based and informed by science or traditional knowledge. Many of these groups have the capacity to do so and may have better understanding on how to achieve objectives without negatively impacting sustainable fisheries and ocean economies. Additionally, such coordination can strengthen their ability to advance compliance of international agreements and monitoring. RFMOs and their science providers need to be included in any relevant international policy discussions related to implementing SDG 14.

Adaptive management approaches should be prioritized given the dynamic nature of how climate change and other ecosystem processes can impact the distribution of resources and biodiversity. Recent science suggests that static closures in areas beyond national jurisdiction, where most resources are migratory and ecosystems are dynamic - may not be appropriate in many instances to achieve objectives under SDG 14. Science and technological advances have made the ability to manage these ecosystems more efficient.