MARINE PROTECTED AREAS - Legal challenges between Pelagic and Benthic Protected Areas

• Main Author: Stroia, Irina-Georgiana
• Format: Master Thesis
• Language: English
• Published: 2017
• Subjects: Ross Sea
• Online Access: http://hdl.handle.net/10852/60881; http://urn.nb.no/URN:NBN:no-63513

The establishment of a marine protected areas as area-based management tools have had a significant contribution to the conservation of marine ecosystems. The concept of MPAs is a paramount part of the package deal negotiated by the BBNJ Prepcom for their objectives of maintaining and protecting marine biodiversity. At the moment the oceans are in trouble, they are vulnerable to pollution, over-fishing and over-exploited for their resources. This discussion requires a hermetic research and can become quite challenging since marine ecosystems do not respect boundaries drawn by international agreements. In this sense, there are a number of factor which should be taken into account, such as the division of the ocean vertically and horizontally, which results in the creation of pelagic and benthic areas. For example, highly migratory species cannot be limited to a specific area and to create an area specific for the proliferation of said species might become difficult. Thus, in this case the answer is to implement dynamic management plan together with an ecosystem approach. In short, there are elements of biological and physical design along, including governance issues, which need to be taken into account when selecting and analyzing data for constituting a MPA. At the level of the High-Seas and the Area there are even more factors to look into since they are governed by the principles of freedom and common heritage of mankind and do not belong to any jurisdictional power. And although, in recent years there have been improvements in marine spatial planning, with the implementation of Ross Sea as a “no-take” zone and the expansion of Papahānaumokuākea marine national monument in Hawaii, this doesn’t mean that mitigation efforts should be taken lightly and therefore not be extended to the HS and the Area as an integrated part of national and international efforts. That is why the present thesis proposes to a new approach by focusing on pelagic and benthic communities, in a way that doesn’t undermine the existing international regulations and it will bring nations together to collaborate and cooperate holistically in order to rehabilitate and reform the ecosystem and health of the oceans.