Area-based management tools, including marine protected areas

Why are area-based management tools (ABMTs), including marine protected areas (MPAs) part of the BBNJ Treaty?

ABMTs, including MPAs is one of the four substantive elements of the BBNJ Treaty that countries decided an essential element of conserving and sustainably using the marine biological areas of areas beyond national jurisdiction.

Ref. United Nations General Assembly Resolution A/RES/72/249

What is an area-based management tool and a marine protected area?

The BBNJ Treaty defines area-based management tool as:

a tool, including marine protected areas, for a geographically defined area through which one or several sectors or actiities are managed with the aim of achieving particular conservation and sustainable use objectives.

The Treaty defines marine protected area as:

a geographically defined marine area that is designated and managed to achieve specific long-term biological diversity conservation objectives and may allow, where appropriate, sustainable use provided it is consistent with the conservation objectives.

Ref. BBNJ Treaty Art. 1.1 and 1.9.

Are there any exceptions to where the ABMTs, including MPAs cannot be established? Are there any conditions associated with estabilshment of ABMTs, including MPAs in ABNJ?

Yes. The establishment of ABMTs, including MPAs, must not include any areas within national jurisdiction.

Further, ABMTs, including MPAs must not be relied upon as a basis for asserting or denying any claims to sovereignty, sovereign rights or jurisdiction, including in respect of any disputes relating thereto. The Conference of the Parties must not consider for decision proposals for the establishment of such ABMTs, including MPAs, and in no case must such proposals be interpreted as recognition or non-recognition of any claims to sovereignty, sovereign rights or jurisdiction.

Ref. BBNJ Treaty Art. 18.

What are the specific objectives of ABMTs, including MPAs?

The following are specific objectives that apply only to ABMTs, including MPAs:

  1. Conserve and sustainably use areas requiring protection, including through the establishment of a comprehensive system of area-based management tools, with ecologically representative and well-connected networks of marine protected areas;
  2. Strengthen cooperation and coordination in the use of area-based management tools, including marine protected areas, among States, relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies;
  3. Protect, preserve, restore and maintain biological diversity and ecosystems, including with a view to enhancing their productivity and health, and strengthen their resilience to stressors, including those related to climate change, ocean acidification and marine pollution;
  4. Support food security and other socioeconomic objectives, including the protection of cultural values;
  5. Support developing States Parties, in particular the least developed countries, landlocked developing countries, geographically disadvantaged States, small island developing States, coastal African States, archipelagic States and developing middle-income countries, taking into account the special circumstances of small island developing States, through capacity-building and the development and transfer of marine technology in developing, implementing, monitoring, managing and enforcing area-based management tools, including marine protected areas.

Ref. BBNJ Treaty Art. 17.

What processes are part of establishing ABMTs, including MPAs?

The BBNJ Treaty established a mechanism for establishing ABMTs, including MPAs in ABNJ with the following elements:

  • Proposals
  • Publicity and preliminary review of proposals
  • Consultations on and assessment of proposals
  • Establishment of area-based management tools
  • Decision-making
  • Emergency measures
  • Implementation
  • Monitoring and review

Ref. BBNJ Treaty Art. 19 through 26.

Who are the stakeholders?

While the process is driven by the Parties to the Treaty, the BBNJ Treaty allows for a wide range of stakeholder engagement in various aspects. For example, on proposals, the Treaty states, "Parties shall collaborate and consult, as appropriate, with relevant stakeholders, including States and global, regional, subregional and sectoral bodies, as well as civil society, the scientific community, the private sector, Indigenous Peoples and local communities, for the development of proposals..." Further, consultation on and assessment of proposals take an inclusive and a transparent approach, which include "all relevant stakeholders, including States and global, regiaonal, subregional and sectoral bodies, as well as civil society, the scientific community, Indigenous Peoples and local communities."

Ref. BBNJ Treaty Art. 19.2 and 21.1.

What role will the Science and Technical Body play?

The Science and Technical Body (STB) will play an important role, which would include further developing and revising the indicative criteria for the identification of ABMTs, including MPAs. The STB may also elaborate on the elements of the proposals for consideration and adoption by the Conference of the Parties.

Ref. BBNJ Treaty Art. 19.5, 19.6, 20, 21.5, 21.7, 21.8, 22.1, 24.3, 24.5, 26.3, and 26.4.

What are the indicative criteria for the identification of areas?

Below is the indicative criteria for the identification of areas. Note that the list may change overtime, as recommended by the Science and Technical Body and the changes adopted by the Conference of the Parties.

  • Uniqueness;
  • Rarity;
  • Special importance for the life history stages of species;
  • Special importance of the species found therein;
  • importance for threatened, endangered or declining species or habitats;
  • Vulnerability, including to climate change and ocean acidification;
  • Fragility;
  • Sensitivity;
  • Biological diversity and productivity;
  • Representativeness;
  • Dependency;
  • Naturalness;
  • Ecological connectivity;
  • Important ecological processes occurring therein;
  • Economic and social factors;
  • Cultural factors;
  • Cumulative and transboundary impacts;
  • Slow recovery and resilience;
  • Adequacy and viability;
  • Replication;
  • Sustainability of reproduction;
  • Existence of conservation and management measures.

Ref. BBNJ Treaty Art. 19.5 and Annex I.

Logo

The Giurgis Laboratory