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Moratorium I Momentum I Recent
Action I Enforcement I Duration I RFMOs I Six
Reasons
Political momentum continues to grow
Pioneering undersea explorer, Sylvia Earle was in Spain to receive an award from the Spanish Geographical Society on 21 March 2006. In 2005 she met with Spanish government officials and scientists as part of a 2005 European tour.
Image courtesy Sylvia Earle.
Dr. Gerhard Hafner, head of the EU delegation, speaking on behalf of the European Union at a United Nations General Assembly working group on biodiversity in New York, 15 February 2006.
© Leila Mead, IISD Reporting Services
Achim Steiner, soon to be appointed Executive Director of UNEP, in his current post as Director General of the World Conservation Union (IUCN), has called deep sea bottom trawling an act of insanity and said "We must protect the high seas before it's too late".
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Momentum in favour of a moratorium on high seas bottom trawling continues to build. Below is a summary of the latest calls by governments from around the world. Their concerns have been reiterated by an increasingly concerned scientific
community.
Over the past several years, the United Nations General Assembly (UNGA) has adopted a series of Resolutions on Oceans and Law of the Sea calling on the international community to take urgent measures to protect deep-sea corals, seamounts (underwater mountains) and other vulnerable deep-sea ecosystems from the impact of bottom trawl fishing and other destructive practices on the high seas. The UN General Assembly will review actions taken to date to protect these ecosystems on the high seas with a view to calling for more serious action of some kind in 2006: many delegates believe that this will be one of the highest priorities for discussion and agreement this year.
A series
of concrete steps have been taken, mainly in national waters, to protect deep-sea coral reefs and other
sensitive fish habitats - most recently off the West Coast of the United States, in the waters surrounding the Pacific Island Nations of Palau and Kiribati and in the Mediterranean Sea.
But deep sea life cannot wait for more years of discussion about the need for action to be taken in international waters. The time for action is now. In 2006, the UNGA must adopt a resolution calling for an immediate moratorium on high seas bottom trawling until effective regulations are in place to manage deep-water fisheries, if it is to be fully effective in protecting deep-sea ecosystems on the high seas.
United Nations General Assembly & other international fora
In November 2005, the UNGA reaffirmed its call for nations to take 'urgent action' to protect deep-sea corals, seamounts and hydrothermal vent ecosystems from destruction by bottom trawl fishing. Although it decided to postpone consideration of a moratorium until 2006, the General Assembly did agree to conduct a thorough review of actions taken by high seas fishing nations and regional fisheries treaty organizations in the meantime to protect deep-sea ecosystems. The outcome of this review later this year is likely to provide renewed impetus for the moratorium call.
A variety of other international fora including the Seventh and Eighth Conferences of the Parties to the Convention on Biological Diversity, the world conservation community and regional commissions such as OSPAR have also called for urgent short term action. (1)
Government calls for a moratorium
More countries are speaking out on this issue than ever before, and even more have signalled that they will support the moratorium call by others.
Governments such as Palau, the Federated States of Micronesia and Costa Rica first called for a moratorium at the 2004 United Nations General Assembly (UNGA). (2)
Amongst others, Nigeria called for a moratorium at the UN Open-Ended Informal Consultative Process on Oceans and the Law of the Sea (UNICPOLOS) in June 2005, where Chile announced its support for an interim probibition on all high seas bottom trawling in areas not covered by a competent regional fisheries management organisation (RFMO).
Since then, in Latin America, a number of countries such as Brazil and Chile have taken stronger positions and are working with other countries in the region.
Speaking at the UN Fish Stocks Agreement Review Conference in New York in May 2006, Brazil included the following statement in its opening remarks: "As regards the question of highseas bottom trawling, Brazil supports a moratorium of such activity in high seas beyond national jurisdiction."
At the 7th UN Informal Consultative Process on Oceans and Law of the Sea (UNICP7) in New York in June 2006, Chile stated that countries should refrain from allowing bottom trawl fishing on the high seas where there are no regional regulations in place.
Also at UNICP7, the G77+China stated that in the interest of a more equitable approach to the exploitation of the deep-sea and the need to preserve the marine environment for the benefit of future and present generations "we must deal with this issue [of bottom trawling in areas beyond national jurisdictions] definitively during the 61st session of the General Assembly." (3)
In its statement to the UN General Assembly debate on Fisheries and Oceans in November 2005, Uruguay said "Despite the fact that we are optimistic about the [bottom trawling] Review Conference of 2006, what relates to the provisions adopted in resolution 59/25 with regards to the impact of deep-sea bottom trawling on the vulnerable marine ecosystems, we must emphasize that the irreversible damage caused to the marine environment leaves little margin of action, reason why we urge strengthening provision to counteract on such undesirable effects."
France has called for a moratorium on all deep sea fishing in areas outside the jurisdication of RFMOs. (4)
At the UN Fish Stocks Agreement Review Conference in New York in May 2006, Norway said the Conference should recommend that States prohibit their vessels from bottom trawl fishing in unregulated areas of the high seas areas where there are no regional fisheries management organizations (RFMOs) with the authority to manage deep-water fisheries. The Norwegian delegation further stated that where RFMOs exist which do have the authority to manage bottom fisheries, they should do so consistent with the UN Fish Stocks Agreement in relation to its biodiversity and ecosystem provisions.
In September 2005, New Zealand's government announced that "New Zealand would be prepared to support in principle, the concept of an interim global moratorium on bottom trawling on the high seas if such a proposal had sufficient support to be a practical and enforceable option for improving biodiversity protection on the high seas."
Many African states are now in support of a moratorium on high seas bottom trawl fishing. During its address to the 2005 UNGA, Tunisia said it supported the decision taken regarding the Meditteranean Sea that bans bottom trawling below 1000 metres, and will adopt further measures as needed. A number of Asian and South Asian nations also support the moratorium.
Caribbean and Central American States have expressed their concerns in previous debates.
European Union
In February 2006, the European Commission told a United Nations meeting in New York that the evidence of actual destruction of ecosystems is overwhelming, that there is clearly felt sense of urgency and that action must be taken.
The Head of the EU delegation, Dr Gerhard Hafner said: "The EU views that evidence of actual destruction of ecosystems is overwhelming and that we know sufficient about growing human pressure on marine biodiversity in [areas beyond natural jurisdiction] to warrant taking further steps on international cooperation and coordination for its conservation and sustainable use... on the basis of the precautionary principle and on the basis of the current status of science - we have to act on both the implementation and governance gaps. We have avery impressive and authoritative information basis to warrant those actions." (5)
At the Eighth Conference of the Parties to the Convention on Biological Diversity (CBD) held in March 2006, EU Environment Commissioner Stavros Dimas said, "We should put in place an interim prohibition of destructive fishing practices in international waters, including bottom trawling." Such a ban should remain "until appropriate conservation and management measures" have been established under international law. The threat of loss of biodiversity is bigger than climate change if we consider that once a species is lost, no mitigation measure can help bring it back," Dimas said. (6)
However, it remains to be seen whether these positive statements will translate into action. The European Union remains the single largest obstacle to obtaining a high seas bottom trawling moratorium. The European Union's opposition to a high seas bottom trawl moratorium in previous years' sessions of the UN General Assembly has been largely driven by the Directorate General for Fisheries and Maritime Affairs of the European Commmission and Spain, the world's leading high seas bottom trawling country. However, the statements above made this year, suggest that support for a moratorium within the European Union is growing as a number of EU countries such as Austria, Belgium, Sweden, Germany, the Netherlands and the UK have begun calling for a stronger EU position, including at a minimum a moratorium in high seas areas outside the jurisdiction of RFMOs and far more comprehensive action by those RFMOs which do have jurisdiction over deep-water fisheries.
In April 2006, the Swedish environment minister, Lena Sommestad said, "The Swedish government is pushing for a moratorium on bottom trawling on the high seas. We are trying... to convince our EU colleagues that this is an important issue. Especially in some countries in the EU... it is important that the politicians become aware of how destructive this kind of fishing is." (7)
In a series of letters in May 2006, to Greenpeace, Austria, Beligium and Denmark stated their support for a high seas bottom trawling moratorium at the UN level and indicated that they were calling for such an initiative at the European level. (8)
The Austrian Government wrote: " ...Austria, for reasons of environmental and species conservation concern, considers high seas bottom trawling ina very critical light. Austria has repeatedly expressed this view in international fora and has tried to push for this to become the common EU position."
The Belgian Government wrote: "Through input and participation from our administration in this context at the level of the EU, the biodiversity treaty and the UNGA we are trying to seek progress and are appealing for a moratorium on bottom trawling.... Given that Marine Protected Areas will not provide ashort-term solution for the large-scale damage caused by bottom trawling, Belgium finds it necessary to urgently adopt short term measures within an international framework. Later this year the UNGA will discuss the possibility of a moratorium on destructive fishing practices on the high seas, including bottom trawling. In an attempt to stop further destruction of the ecologically valuable deep sea, Belgium is calling for such an initiative (moratorium) at the UN level and at the preparatory European meetings."
Pacific
Pacific Island leaders attending the Pacific Islands Forum (PIF) in October 2005 adopted a statement on high seas bottom trawling, further to a proposal by Palau. The Leaders noted that they were "seriously concerned" about the problem and agreed to develop an appropriate legal framework for consideration of the Forum in 2006. The PIFFA and South Pacific Commission were tasked with the implementation of this decision.
The Statement of PIF as presented by the Ambassador from Papua New Guinea reflects a united view amongst Pacific Island States that urgent action is needed by the UN: "We are well aware of, and firmly support, the need to take urgent action to prevent and manage the effects of destructive fishing practices, including bottom-trawling, that has adverse impacts on vulnerable marine ecosystems. We are seriously concerned about the destruction caused by these activities."
On 1 April 2006, the fifth Secretariat of the Pacific Community (SPC) Heads of Fisheries Meeting recognized that the issue of high seas bottom trawling is important and recommendedthat the options put forward by an informal workshop of member countries and specialists held in March 2006, should be formally considered by SPC members andfurther developed for an eventual decision by the Pacific Islands Forum and the SPC Governing Council.
The informal meeting noted that, in the absence of current commercial deep sea trawlfisheries within the Western Tropical Pacific Islands Area (WTPIA), the agreement of a management framework was likely to be much more readily accomplished than ifcommercial fisheries were already operating. On interim measures, "participants noted the importance of interim measures, including an interim moratorium on bottom trawlingin areas beyond national jurisdiction in the WTPIA."
Australia
Australia has been a global leader on other significant fishery issues and has taken a strong proactive stand on the widespread problem of illegal, unreported and unregulated (IUU) fishing practices on the high seas. On high seas protection, it has promoted implementation of long-term sustainable high seas fisheries management and is focusing particular effort on the development of 'model' RFMOs. However, Australia has been unwilling to support a moratorium on bottom trawl fishing on seamounts, arguing that a moratorium would not be enforceable and would unfairly penalize 'responsible' high seas bottom trawl fishing vessels.
There have been several indications of a shift both within the government generally and in particular the Department of Fisheries, towards acknowledging the need for urgent protection measures in addition to longer term governance solutions and growing widespread support for short-term measures, including consideration of temporal and spatial closures.
However, in June 2006, the Australian Senate rejected interim measures to address the destructive impacts of high seas bottom trawling on deep sea ecosystems while long-term governance arrangements are put in place despite having the support of the Australian Labour Party, the Greens and the Democrats. (9)
This does not mean the Australian government will oppose a UN moratorium on high seas bottom trawling - it is still in the process of a finalising a 'whole of government' position, and there is mounting public pressure to support it. The new position is expected in late July.
The United States
Legislation pending (February 2006) before the US Congress provides for sanctions against countries whose vessels engage in illegal unregulated and unreported (IUU) fishing. IUU fishing would be classified to include fishing activity, including bottom trawling, that has adverse impacts on seamounts, hydrothermal vents, and cold water corals in areas of the high seas where there are no applicable conservation or management measures or in areas with no applicable RFMO.
Senator Ted Stevens, Chairman of the US Senate Committee on Commerce, Science and Transportation and co-author of the US national fisheries legislation (Magnuson Stevens Act) stated in a speech to the Senate in February:
"Industrial foreign fleets continue to expand and fish in remote and deep parts of the oceans, where there is little or no conservation and management of the resource. Some areas in international waters are not subject to fishery management agreements. This lack of oversight has enabled destructive fishing practices to take place, a problem compounded by the lack of sound scientific research in these areas. To address this threat, the Stevens/ Inouye bill includes provisions that promote international cooperation and regional action... If those nations [engaged in unregulated bottom trawl fishing on the high seas] fail to stop this practice, our government can prohibit imports of fish that have been harvested by their vessels."
In addition, the United States has taken a series of actions to protect deep-sea corals and other vulnerable habitats from deep-sea bottom trawling in its own waters, as have the EU, the Republic of Palau, Kiribati, and a number of other countries.
Shifting approaches among the opposition
Spain clearly began to feel the pressure in 2005: on 12 August 2005, the Spanish Ministry of Agriculture and Fisheries published a press release titled, "Spain, First Major Fishing Power to Support regulation on Bottom Trawling." However, the devil is in the details.
According to the press release, "the General Secretariat for Fisheries has adopted a precautionary position whereby in those areas on the high seas where no regional fisheries management organization (RFMO) has been established, the practice of bottom trawling will only be permitted based on scientific reports determining that no vulnerable marine ecosystems exist." The statement also said: "Where an RFMO exists, Spain will support regulations establishing specific conditions for fishing activities, in particular bottom trawling, to ensure that they that respect marine ecosystems."
Despite its limitations, the new Spanish position is a significant development. Spain now admits that bottom trawling is inherently destructive to vulnerable seabed ecosystems such as seamounts and deep-sea coral reefs. In addition, it calls for a reverse burden of proof: that bottom trawling should not be allowed on the high seas until it is proven safe.
Unfortunately Spain, (together with the European Commission's DG Fisheries and Maritime), continued through the remainder of 2005 to block the adoption of a EU 'consensus' position in support of a moratorium on deep-sea bottom trawling on the high seas in non-RFMO areas and actions to protect vulnerable deep-sea ecosystems in high seas areas where such RFMOs do regulate deep-water fisheries. Furthermore, there is growing evidence that Spain is not taking seriously its duty to curb illegal, unregulated and unreported fishing activities. 2006 will be a 'test-year' to determine whether Spain is able or willing to fulfil the commitments it has made to protect marine biodiversity and engage in responsible high seas fishing.
In his opening remarks to a DSCC Workshop held in Lisbon, Portugal's State Secretary for the Environment, Dr. Humberto Rosa seemed to validate the DSCC assessment of high seas bottom trawling as a major threat to marine biodiversity. "High seas bottom trawling is an unsustainable activity," he said. "We have a strategic opportunity. We have a large fish consumption, we are fishers too and we want to conserve marine biodiversity." Acknowledging the need to address the situation of fishermen liable to be affected by a temporary prohibition of high seas bottom trawling, Dr. Rosa indicated that a fishing method with such adverse impact was not consistent with the direction that Portugal needs to take. "Portugal will go down the road of transition towards non-destructive fishing techniques... and ensure the sustainability of resources. We are at a unique moment to protect the commons."
In October 2005, an event organized by the Deep Sea Conservation Coalition (DSCC) together with the Iceland Nature Conservation Association, and attended by key Icelandic government officials, initiated a debate in Iceland over the country's opposition to a UN General Assembly moratorium on high seas bottom trawling. Iceland believes that fisheries should be regulated not on a global scale by the UN, but at a regional level through RFMOs. Media coverage subsequent to the event resulted for the first time in an active public discussion on this issue. While the government remains opposed to a moratorium, Iceland has acknowledged that action must be taken by the international community to protect deep-sea ecosystems on the high seas from the adverse impacts of bottom trawling. In addition, the Icelandic Fisheries Minister recently declared some 80 sq km within Icelandic waters off-limits to all bottom trawling in order to protect cold water corals. This is an entirely new approach by Iceland.
"Canada is teaming up with some of its traditional high seas foes to fight efforts for an international ban on the controversial practice of dragging the ocean bottom for fish." This quote from a Canadian Press article, which appeared on 29 December 2005 in newspapers across the country, summed up the Canadian Government's record in 2005. It also exposed the contradictory and awkward position in which the Canadian Government finds itself by opposing an international moratorium - when a recent nationwide opinion poll shows that 78.3 percent of Canadians support a moratorium on high seas bottom trawling.
Two weeks later, in January 2006, Canadian researchers reported in the prestigious science journal Nature, that, "five species of deep-sea fish have declined over a 17 year period in the Canadian waters of the Northwest Atlantic to such an extent that they meet the IUCN criteria for critically endangered."
Editorials and letters in Canadian newspapers are increasingly calling into question the government position. The all-party House of Commons Standing Committee on Fisheries and Oceans has issued a strongly-worded report urging the Canadian government to take action on bottom trawling. The opposition to the moratorium is coming from the large-scale sector of the Canadian fishing industry. However, there are many independent, fixed-gear fishermen who are supportive of efforts to address bottom trawling.
Recognizing that concerns of the impact of bottom trawling are legitimate, the government organised the first-ever, national scientific review of the impacts of fishing gear on the ocean floor in March 2006. The outcome of this review could have a significant impact on Canada's position in UN General Assembly negotiations in 2006.
More information:
Momentum in support of a moratorium on high seas bottom trawling continues to grow
Addendum to Political Momentum is Building Rapidly (see below)
January 2006 (pdf)
English
Political Momentum Is Building Rapidly
April 2005 (pdf)
English | French | German | Spanish
Political momentum in 2004 and 2005
Notes:
(1) Find out more by visiting Political momentum in 2004 and 2005
(2) Micronesia and Palau call for moratorium on deep sea bottom trawling, 29 September 2004, DSCC news
High time other countries found Palau's political backbone, DSCC feature, 13 April 2006.
(3) Time to deal definitively with the problem of high seas bottom trawling, DSCC news, 19 June 2006
(4) France to support high seas moratorium in unregulated areas, 28 November 2005, DSCC news
(5) New European Union Position Justifies High Seas Bottom Trawling Moratorium, 16 February 2006, DSCC news
(6) European Environment Commissioner, Dimas' statement (pdf)
(7) Can the clocks be stopped? DSCC news, 27 April 2006
(8) Full statement
(9) Australian government fails to protect deep sea ecosystems, DSCC news, June 2006
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