ASSESSING A REGIONAL LEGAL FRAMEWORK FOR THE ESTABLISHMENT OF A BENGUELACURRENT COMMISSION By Mick O’Toole 3 rd IUCN World Conservation Congress Bangkok, Thailand 20 th November,

Benguela Current LME Programme Countries: Angola, Namibia and South AfricaCountries: Angola, Namibia and South Africa Duration: Duration: Implementing agency: UNDPImplementing agency: UNDP Executing agency: UNOPSExecuting agency: UNOPS GEF: US$ 15,000,000.00GEF: US$ 15,000, In-kind: US$ 18,000,000.00In-kind: US$ 18,000,000.00

BCLME Programme Goal Integrated management, sustainable development and protection of the Benguela Current Large Marine Ecosystem Integrated management, sustainable development and protection of the Benguela Current Large Marine Ecosystem

BCLME Programme Focus of Activities  Productivity and Fisheries  Environmental Variability and Predictability  Seabed Mining (e.g. diamonds)  Oil and Gas Exploration and Production  Ecosystem Health and Pollution  Socio-economics and Governance  Capacity Building

Chlorophyll from SeaWiFS

Strategic Action Programme SAP

AGREED PRINCIPALS SAP AGREED PRINCIPALS SAP Ecosystem integrity / future generationsEcosystem integrity / future generations Precautionary principlePrecautionary principle Anticipatory actionAnticipatory action Polluter Pays principle - clean technologiesPolluter Pays principle - clean technologies Environment and healthEnvironment and health Transparency and public participationTransparency and public participation Co-financing with industry and donorsCo-financing with industry and donors

SOME KEY POLICY ACTIONS Joint surveys and assessment of fish stocksJoint surveys and assessment of fish stocks Ecosystem approach to fisheries managementEcosystem approach to fisheries management Harmonisation of environmental management policiesHarmonisation of environmental management policies Development of an environmental early warning systemDevelopment of an environmental early warning system Regional oil spill contingency planRegional oil spill contingency plan

Institutional Arrangements Programme Steering Committee (PSC)Programme Steering Committee (PSC) Programme Co-ordinating Unit (PCU)Programme Co-ordinating Unit (PCU) Activity Centres (AC’s)Activity Centres (AC’s) Advisory Groups (AG’s)Advisory Groups (AG’s) Benguela Current Commission (BCC)Benguela Current Commission (BCC)

The Benguela Current Commission “ Member states agree to commit themselves to continuing the BCLME Programme beyond the GEF intervention and will endeavour to establish a permanent Benguela Current Commission with a supporting Secretariat”“ Member states agree to commit themselves to continuing the BCLME Programme beyond the GEF intervention and will endeavour to establish a permanent Benguela Current Commission with a supporting Secretariat” BCLME Strategic Action Programme (SAP) BCLME Strategic Action Programme (SAP) Signed by seven ministers from Angola, Namiia and South Africa (2000) Signed by seven ministers from Angola, Namiia and South Africa (2000)

Red-tide Cape Town Mussel rafts – Saldanha Bay Sulphur eruptions Namibia

Benguela Current Commission “ To realise our collective goal of sustainable management of our marine and coastal resources, we plan to establish in a few years time the Benguela Current Commission whose mandate would be, amongst others, to facilitate and coordinate integrated management, sustainable development and protection of the Benguela Current Large Marine Ecosystem”“ To realise our collective goal of sustainable management of our marine and coastal resources, we plan to establish in a few years time the Benguela Current Commission whose mandate would be, amongst others, to facilitate and coordinate integrated management, sustainable development and protection of the Benguela Current Large Marine Ecosystem” (Minister Abraham Iyambo, October 2004) (Minister Abraham Iyambo, October 2004)

Establishment of a Benguela Current Commission Institutional study on needs and requirements Institutional study on needs and requirements Identify management functions that demand regional co-operationIdentify management functions that demand regional co-operation Assess current institutional structures and future legal frameworks to fulfill management requirementsAssess current institutional structures and future legal frameworks to fulfill management requirements Develop mandate and functions of a BCCDevelop mandate and functions of a BCC Assess the economic and political value of an BBC re: benefits to stakeholders and effective managementAssess the economic and political value of an BBC re: benefits to stakeholders and effective management Assess some models of successful regional marine resource /environment commissions: scope and rolesAssess some models of successful regional marine resource /environment commissions: scope and roles Costs of implementation and sustainability of financesCosts of implementation and sustainability of finances

DEEPWATER OPERATIONS Coral Sea Grand Banks Debmar Pacific Debmar Atlantic >70m water depth, typically 130m Mining method: Vertical mining employing a Wirth drill mining unconsolidated seabed sediments Fully self-contained mining units that can operate on 24hr basis throughout the year

Establishment of a Benguela Current Commission Economic study on regional co-operation Economic study on regional co-operation  Status quo for management of the BCLME  Incremental cost-benefits of regional cooperation in research and management  Economic case for taking an ecosystem approach to management of LME

International Instruments UNCLOS (1982) – Law of the SeaUNCLOS (1982) – Law of the Sea UNCED (1992) – LME’sUNCED (1992) – LME’s Convention on Biodiversity (1993)Convention on Biodiversity (1993) KYOTO (1995) “Code of Conduct for Responsible Fishing – FAO)KYOTO (1995) “Code of Conduct for Responsible Fishing – FAO) UN Agreement ‘Straddling and Highly Migratory Fish Stocks (1995)UN Agreement ‘Straddling and Highly Migratory Fish Stocks (1995) Reykjavik Declaration (2001) “Ecosystem Approach to Fisheries Management”Reykjavik Declaration (2001) “Ecosystem Approach to Fisheries Management” WSSD Johannesburg (2002)WSSD Johannesburg (2002)

Regional Instruments SADC Treaty (1992) regional development and integration including fisheriesSADC Treaty (1992) regional development and integration including fisheries Monitoring, Control and Surveillance of Fishing Activities (MCS)Monitoring, Control and Surveillance of Fishing Activities (MCS) Policy Harmonisation Project (marine fisheries laws and shared stocks)Policy Harmonisation Project (marine fisheries laws and shared stocks) SADC Protocol on FisheriesSADC Protocol on Fisheries SEAFOSEAFO BENEFIT ProgrammeBENEFIT Programme BCLME ProgrammeBCLME Programme

SADC PROTOCOL ON FISHERIES A binding policy framework to improve natural resource and ecosystem management A binding policy framework to improve natural resource and ecosystem management commitment to shared stock management commitment to shared stock management Ecosystem approach to fisheries mgt (EAF) Ecosystem approach to fisheries mgt (EAF) Data and Information sharing Data and Information sharing

SEAFO South East Atlantic Fisheries Organisation South East Atlantic Fisheries Organisation (Angola, Namibia and South Africa + UK) (Angola, Namibia and South Africa + UK) others: EU, Norway, Russia, Ukraine, USA others: EU, Norway, Russia, Ukraine, USA “ conservation and management of straddling and high seas stocks in the SE Atlantic” Instrument - Convention on Transboundary and Highly Migratory Stocks and United Nations Implementing Agreement (UIA) Instrument - Convention on Transboundary and Highly Migratory Stocks and United Nations Implementing Agreement (UIA)

Minister Abaham Iyambo (Fisheries and Marine Resources, Namibia) “ We recognise the need for co-operation amongst SADC countries in order to sustain accrued benefits from our marine resources….in this regard we have committed ourselves to the basic tenets of co-operation enshrined in instruments such as the SADC Protocol on Fisheries, the UN Fish Stocks Agreement and the FAO Code of Conduct for Responsible Fishing” (Speech: BCLME CD Launch, October 2004)“ We recognise the need for co-operation amongst SADC countries in order to sustain accrued benefits from our marine resources….in this regard we have committed ourselves to the basic tenets of co-operation enshrined in instruments such as the SADC Protocol on Fisheries, the UN Fish Stocks Agreement and the FAO Code of Conduct for Responsible Fishing” (Speech: BCLME CD Launch, October 2004)

Co-operative Marine Science and Management in Benguela BCLME –BENEFIT Management Committee BCLME –BENEFIT Management Committee Consultative and Specialist Task GroupsConsultative and Specialist Task Groups Advisory Groups (EV, LMR, BEHP, T&CB)Advisory Groups (EV, LMR, BEHP, T&CB) Liaison CommitteesLiaison Committees Transboundary Fish Stock SurveysTransboundary Fish Stock Surveys Satellite Remote Sensing / GIS groupSatellite Remote Sensing / GIS group Regional Centres of Expertise (fish ageing, ichthyoplankton, remote sensing, stock assess)Regional Centres of Expertise (fish ageing, ichthyoplankton, remote sensing, stock assess)

WSSD – GOALS Main Targets and Timetables Fisheries Fisheries “ Maintain or restore depleted fish stocks to levels that can produce their maximum sustainable yield on an urgent basis and where possible no later than 2015” (Chapter 4, Paragraph 30 a) Some BCLME projects addressing these targets Some BCLME projects addressing these targets Project LMR/CF/03/06 “ Development and harmonisation of operational management procedures (OMP’s) for hake stocks” Project LMR/CF/03/06 “ Development and harmonisation of operational management procedures (OMP’s) for hake stocks” Project LMR/CF/03/07 “ Determination of optimal harvesting strategies for hake trawl and long-line fisheries” Project LMR/CF/03/07 “ Determination of optimal harvesting strategies for hake trawl and long-line fisheries” Projects LMR/CF/03/09,10,14 “ Transboundary surveys and harmonisation of shared stocks including technical issues” Projects LMR/CF/03/09,10,14 “ Transboundary surveys and harmonisation of shared stocks including technical issues” Projects LMR/SE/03/02-05 “Analysis of socio-economic, legal and governance issues of commercial fisheries” Projects LMR/SE/03/02-05 “Analysis of socio-economic, legal and governance issues of commercial fisheries”

Main Targets and Timetables WSSD Conservation of Biodiversity Conservation of Biodiversity “Develop and facilitate the use of diverse approaches and tools, including the ecosystem approach, the elimination of destructive fishing practices and establishment of marine protected areas……. by 2012” ( Chapter 4, Paragraph 31 a-d) “Develop and facilitate the use of diverse approaches and tools, including the ecosystem approach, the elimination of destructive fishing practices and establishment of marine protected areas……. by 2012” ( Chapter 4, Paragraph 31 a-d) SOME BCLME projects addressing these targets SOME BCLME projects addressing these targets Project: LMR/EAF/03/01 “Development of an ecosystem approach to fisheries management (EAF)” (1) Project: LMR/EAF/03/01 “Development of an ecosystem approach to fisheries management (EAF)” (1) Project: LMR/EAF/03/02 “Development of a regional ecosystem monitoring programme –top predators as biological indicators” (1) Project: LMR/EAF/03/02 “Development of a regional ecosystem monitoring programme –top predators as biological indicators” (1) Projects: BEHP/BAC/01-06 “ Conservation planning and management - marine protected areas, baseline surveying and mapping of species, biotopes and communities” (6) Projects: BEHP/BAC/01-06 “ Conservation planning and management - marine protected areas, baseline surveying and mapping of species, biotopes and communities” (6)