PART 2
SUSTAINABILITY
IN ACTION
Fisheries resources of importance in ABNJ are
deep-sea fisheries and highly migratory species
such as tunas. The International Guidelines for
the Management of Deep-sea Fisheries in the
High Seas apply where the total catch (including
bycatch) includes species that can only sustain
low fishing rates and where fishing gear is used
that is likely to contact the sea floor during
operations. Deep-sea fishing (DSF) occurs over
continental slopes, seamounts, ridge systems and
banks on soft muddy sediments and hard, rocky
substrates, mostly between 400 m and 1 500 m,
although some specialized vessels may fish down
to 2 000 m.
While DSF can be traced back 450 years, major
expansion began with the deployment of
factory-freezer trawlers in the mid-1950s, leading
to huge catches. However, since 1980, only three
major developments in DSF have taken place:
orange roughy trawling; longlining for toothfish;
and bottom trawling
for Greenland halibut
(Hosch, 2018).
Many deep-sea living resources have low
productivity and are only able to sustain
low fishing rates. Moreover, once depleted,
their recovery is long and not assured.
However, concerns associated with DSF extend
beyond the potential impact on the targeted
stocks to wider impacts on associated species and
marine biodiversity.
In contrast, tuna are highly migratory species,
typically crossing many EEZ boundaries and
moving into ABNJ. Tuna fisheries produce a yield
of about 7 000 000 tonnes (although only about
40–50 percent is estimated to be caught in ABNJ).
Apart from these widely distributed and highly
migratory pelagic fish stocks, other species
of conservation importance also traverse
ABNJ and the territorial waters of numerous
countries, or spend most of their annual cycle
in ABNJ (Harrison
et al
., 2018). In contrast, DSF
produces only about 220 000 tonnes, mainly by
industrial vessels, but these vessels interact more
profoundly with the habitat (operating on or close
to the seafloor), including vulnerable ecosystems.
Both fisheries are of major interest in terms of
biodiversity conservation, as well as interactions
with other users of the same marine space.
Overarching rules governing the use of oceans
and seas and their resources were established
by UNCLOS. However, during the UNCLOS
negotiating process, fishing in ABNJ was not
perceived as a major problem requiring priority
attention. Therefore, with respect to fishery
resources occurring partly or entirely in ABNJ,
UNCLOS limited itself to providing general
principles for their conservation, optimal
utilization and management, calling upon
all States to cooperate towards the further
development and implementation of these
general principles.
Other international instruments adopted in
the last 20 years
for the conservation and
management of world fisheries resources,
including in ABNJ, impose legally binding
obligations on their Parties, such as: the
Agreement for the Implementation of the
Provisions of the United Nations Convention
on the Law of the Sea of 10 December 1982
relating to the Conservation and Management
of Straddling Fish Stocks and Highly Migratory
Fish Stocks; the FAO Agreement to Promote
Compliance with International Conservation
and Management Measures by Fishing Vessels
on the High Seas; and, most recently, the FAO
Agreement on Port State Measures to Prevent,
Deter and Eliminate Illegal, Unreported and
Unregulated Fishing.
Concerns regarding DSF led to specific guidance
from the United Nations General Assembly (e.g.
through UNGA Resolutions 61/105 and 64/72),
principally aimed at improving the management
of high seas fishery areas.
This has helped
promote measures to protect benthic habitats and
VMEs in particular, especially at the regional
level – implemented by RFMOs. FAO has also
been central in developing international policy
frameworks for DSF. It adopted the International
Guidelines for the Management of Deep-Sea
Fisheries in the High Seas in 2008 and created
the VME Database.
26
All areas of distribution and all fleets catching
tuna and tuna-like species are under the mandate
of five tuna RFMOs (which encompass more
26
The VME Database can be accessed at: www.fao.org/in-action/
vulnerable-marine-ecosystems/en
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THE STATE OF WORLD FISHERIES AND AQUACULTURE
2020
than 80 countries). This reflects the importance
of tuna fisheries for the economies of countries
along the supply chain, as well as in providing
nutrition to many coastal communities.
Eight deep-sea RFMOs
and other organizations
exist with the competence to manage small
pelagic and demersal fisheries in the high seas,
covering about 77 percent of ABNJ. Their remit
includes bycatch mitigation and the wider
protection of the environment from significant
adverse impacts. In all areas, flag States are
responsible for the activities of their fishing
vessels when utilizing fishery resources in the
high seas. In addition, port States and coastal
States also contribute to the verification of
compliance with regulations.
While recognized current best practice is
to manage all associated species within
ecosystem-based management frameworks,
such frameworks can be complex and difficult
to operationalize (Tingley and Dunn, 2018).
Therefore, often, the
ecosystem considerations
in RFMOs have been implemented through
the adoption of actions to mitigate the impact
of fishing on non-target species, or on the
ecosystem structure and function. In deep-sea
RFMOs, in which the fisheries involve a
higher level of interaction of fishing gear with
the habitat, protocols have been adopted to
cease fishing when a VME is encountered.
Tuna fisheries have seen improved mitigation of
incidental catch of important associated species
such as turtles, birds, sharks and small tuna.
Minimum standards for “best available”
science to support fisheries management have
been developed and published (MFish, 2008).
A high degree of transparency in science
and management is fundamental to enabling
fishers, NGOs, other science and management
organizations, processers and retailers to have
confidence in fisheries management.
Current guidance
for managing impacts on
benthic habitat proposes area closures to mobile
demersal fishing gear, but these may also
extend to static gear. The South Pacific Regional
Fisheries Management Organisation, which
manages the largest high seas orange roughy
fishery, has closures amounting to more than
95 percent of its convention area, and about half
of the fishable depth within that area (Tingley
and Dunn, 2018).
The effectiveness of area-based management
measures depends on the mobility of the species
involved. Marine protected areas (MPAs) will
be less effective for highly migratory species in
comparison with deep-sea species that are almost
resident in a particular area (for example, those
associated with a seamount), especially so in
ABNJ, where pelagic species may occupy large
geographical areas.
The aims of area closures are diverse. Many are
for the protection of
specific benthic areas of
interest, such as seamounts and deep-water coral
reefs, or for the protection of demersal species.
Other closures aim to reduce impacts on pelagic
species, including both adults and juveniles
(Davis
et al
., 2012). In general, closures are
accompanied by other more targeted management
arrangements, including regulation of fishing
effort and catch quotas, adopted under the
RFMOs. The role of pelagic MPAs in conservation
and management is likely to remain controversial
until more documented studies become available.
The seabed and water column are inextricably
linked. Emerging research increasingly links
upper-ocean communities and processes to
seabed ecology and biogeochemistry (O’Leary
and Roberts, 2018).
Sustainability cannot be achieved without
biodiversity conservation, and sustainable
utilization of fisheries resources in ABNJ is
compatible with biodiversity conservation.
This realization is reflected by many RFMOs
adopting the EAF, recognizing the need to
manage fisheries more holistically. An additional
challenge is to implement sufficient
cross-sectoral coordination among the multiple
users of ABNJ to ensure
that biodiversity impacts
from any user, and overall, are monitored and
mitigated. Action should be taken to minimize
the impact of fishing operations on biodiversity,
building on the RFMOs’ existing mandate,
and ensuring appropriate communication and
coordination with other initiatives and users.
Since 2014, FAO, in close cooperation with many
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