For the first time, members of the United Nations have agreed on a unified treaty to protect biodiversity in the high seas – representing a turning point for the vastness of the planet where conservation has previously been hindered by a confusing patchwork of laws.
The UN Convention on the Law of the Sea came into force in 1994, before marine biodiversity was an established concept. The agreement ended two weeks of negotiations in New York.
An updated framework to protect marine life in areas beyond national territorial waters, known as the high seas, has been discussed for more than 20 years, but previous efforts to reach agreement have repeatedly stalled. The unification agreement, which applies to almost half of the planet’s surface, has reached its end.
“We only have two major global commons – the atmosphere and the ocean,” said Georgetown marine biologist Rebecca Helm. Although the oceans are less attractive, “protecting this half of the Earth’s surface is vital to the health of our planet.”
Nichola Clark, an ocean expert at the Pew Charitable Trusts who observed the talks in New York, called the long-awaited treaty text “a once-in-a-generation opportunity to protect the oceans – a major win for biodiversity.”
The agreement will create a new body to manage the conservation of marine life and establish marine protected areas on the high seas. And Clark said it was vital to meet the pledge of the UN Conference on Biological Diversity to protect 30% of the planet’s water, as well as its land, for conservation.
The treaty negotiations were originally anticipated to be completed on Friday, but lasted until Saturday night. The drafting of the agreement, which at times appeared to be in jeopardy, represented a “historic and extraordinary success for international marine protection,” said Steffi Lemke, Germany’s environment minister.
“For the first time, we got a binding agreement on the high seas, which until now was almost completely unprotected,” Lemke said. “Complete protection of threatened species and habitats is now finally possible on more than 40% of the earth’s surface.”
The agreement also establishes basic rules for conducting environmental impact assessments for commercial activities at sea.
“That means all planned activities for the high seas will have to be reviewed, although not all will pass a full assessment,” said Jessica Battle, an ocean governance expert at the Worldwide Fund for Nature.
Some marine species – including dolphins, whales, sea turtles and many fish – make long annual migrations, crossing national borders and the high seas. Efforts to protect them, along with human communities that depend on fishing or tourism related to marine life, have long been difficult for international governing bodies.
“This agreement will help bring together different regional agreements to address threats and concerns across species,” Battle said.
Such protection also helps biodiversity and the coastal economy, said Gladys MartÃnez de Lemos, executive director of the non-profit Interamerican Association for Environmental Defense that focuses on environmental issues in Latin America.
“The government has taken important steps that strengthen the legal protection of two thirds of the sea and with the biodiversity of the sea and the livelihoods of coastal communities,” she said.
The question now is how the ambitious agreement will be implemented.
Formal adoption also remains elusive, with many conservationists and environmental groups vowing to watch closely.
The high seas have long been subject to exploitation due to commercial fishing and mining, as well as pollution from chemicals and plastics. The new agreement is about “recognizing that the oceans are not an infinite resource, and that we need global cooperation to use the oceans sustainably,” Rutgers University biologist Malin Pinsky said.
Associated Press writer Frank Jordans contributed to this report from Berlin
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