Posted: January 24th, 2024

Governance Options for High Seas Pockets of the Western and Central Pacific

Governance Options for High Seas Pockets of the Western and Central Pacific

The high seas are the areas of the ocean that lie beyond the exclusive economic zones (EEZs) of coastal states. They cover about two-thirds of the ocean surface and host a rich diversity of marine life and resources. However, they also face multiple threats from human activities, such as overfishing, pollution, climate change and biodiversity loss. The governance of the high seas is complex and fragmented, involving different legal regimes, institutions and actors. One of the challenges is to ensure the conservation and sustainable use of the high seas pockets (HSPs) of the Western and Central Pacific.

HSPs are areas of high seas that are surrounded by the EEZs of two or more states. They are often rich in fish stocks and other marine resources, but also vulnerable to illegal, unreported and unregulated (IUU) fishing and other harmful activities. There are four HSPs in the Western and Central Pacific: the North Fiji Basin, the South Tasman Rise, the Gilbert Island Ridge and the Eastern High Seas Pocket. These HSPs are subject to different governance arrangements, depending on their location, size, ecological characteristics and geopolitical context.

This blog post will explore the governance options for one of these HSPs: the North Fiji Basin (NFB). The NFB is located between Fiji, Vanuatu, New Caledonia and Solomon Islands. It covers an area of about 1.3 million square kilometers and has a depth range of 2000 to 6000 meters. The NFB is home to various species of tuna, sharks, deep-sea corals, sponges and hydrothermal vents. It is also a potential site for deep-sea mining exploration.

The NFB is currently governed by a combination of global, regional and sub-regional instruments and organizations. At the global level, the United Nations Convention on the Law of the Sea (UNCLOS) provides the general framework for the rights and obligations of states in relation to the high seas. The United Nations Fish Stocks Agreement (UNFSA) supplements UNCLOS by establishing principles and measures for the conservation and management of straddling fish stocks and highly migratory fish stocks on the high seas. The Convention on Biological Diversity (CBD) also applies to the high seas and aims to conserve biodiversity, promote sustainable use and ensure equitable sharing of benefits.

At the regional level, the Western and Central Pacific Fisheries Commission (WCPFC) is the main body responsible for managing tuna and other highly migratory fish stocks in the Western and Central Pacific Ocean (WCPO), including in the NFB. The WCPFC was established in 2004 by a treaty known as the Convention for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPF Convention). The WCPFC has 41 members, including coastal states, distant water fishing states and fishing entities. The WCPFC adopts conservation and management measures (CMMs) that are binding on its members and cooperate with other regional fisheries management organizations (RFMOs), such as the Inter-American Tropical Tuna Commission (IATTC) and the Indian Ocean Tuna Commission (IOTC).

At the sub-regional level, there are several arrangements that involve some or all of the states surrounding the NFB. These include:

– The Niue Treaty on Cooperation in Fisheries Surveillance and Law Enforcement in the South Pacific Region (1992), which provides a framework for cooperation among 12 Pacific island countries in monitoring, control and surveillance (MCS) activities to combat IUU fishing.
– The Nauru Agreement Concerning Cooperation in the Management of Fisheries of Common Interest (1982), which establishes a sub-regional grouping of eight Pacific island countries that collectively manage their tuna fisheries through various measures, such as vessel day schemes, seasonal closures, observer programs and catch limits.
– The Parties to the Nauru Agreement Plus (PNA Plus) arrangement, which extends the Nauru Agreement to include Tokelau as a ninth member and covers additional species, such as sharks and billfish.
– The Melanesian Spearhead Group (MSG) Fisheries Technical Advisory Committee (FTAC), which is a forum for technical cooperation among five Melanesian countries on fisheries issues, including in relation to
the NFB.

These governance options have different strengths and weaknesses in terms of their effectiveness, efficiency, equity and legitimacy. Some of the challenges they face include:

– The lack of comprehensive data on the status and trends of fish stocks and other marine resources in the NFB.
– The difficulty of enforcing CMMs in such a vast and remote area, especially with limited MCS capacity.
– The potential conflicts between conservation objectives and development aspirations, especially regarding deep-sea mining exploration.
– The divergent interests and perspectives of different stakeholders, such as coastal states, distant water fishing states, fishing entities, civil society organizations and indigenous communities.

To address these challenges, some possible ways forward are:

– Enhancing scientific research and monitoring of the NFB, including through the use of new technologies, such as satellite imagery, acoustic sensors and autonomous underwater vehicles.
– Strengthening MCS cooperation and coordination among the relevant actors, including through the use of joint patrols, information sharing and regional databases.
– Developing a common vision and strategy for the NFB, based on the principles of ecosystem-based management, precautionary approach and adaptive management.
– Promoting stakeholder participation and dialogue, including through the establishment of a multi-stakeholder platform or mechanism for the NFB.

The governance of the NFB is a complex and dynamic issue that requires a holistic and collaborative approach. By exploring the existing and potential governance options, this blog post aims to contribute to the ongoing debate and dialogue on how to ensure the conservation and sustainable use of the high seas pockets of the Western and Central Pacific.

Bibliography

Dalituicama LR, ‘Governance options for high seas pockets of the Western and Central Pacific: a case study Of High Seas Pocket 4 or The North Fiji Basin’ (2022) World Maritime University Dissertations accessed 24 January 2024

World Maritime University, ‘Ocean Sustainability, Governance & Management Dissertations’ accessed 24 January 2024

United Nations Convention on the Law of the Sea (adopted 10 December 1982, entered into force 16 November 1994) 1833 UNTS 3

United Nations 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 (adopted 4 August 1995, entered into force 11 December 2001) 2167 UNTS 3

Convention on Biological Diversity (adopted 5 June 1992, entered into force 29 December 1993) 1760 UNTS 79

Convention for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (adopted 5 September 2000, entered into force 19 June 2004) 2275 UNTS 43

Niue Treaty on Cooperation in Fisheries Surveillance and Law Enforcement in the South Pacific Region (adopted 9 July 1992, entered into force 20 May 1993)

Nauru Agreement Concerning Cooperation in the Management of Fisheries of Common Interest (adopted
11 February 1982, entered into force
11 February 1982)

Parties to the Nauru Agreement Plus arrangement (adopted
30 April
2010)

Melanesian Spearhead Group Fisheries Technical Advisory Committee (established
in
2011)

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