Activity 1: Development of National Legislation (general)

Below are the global and regional obligations in this activity:
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General obligations

Relevant obligations and commitments

Component 1: Development of national legislation for vulnerable or protected areas

Directly relevant obligations and commitments

  • Recognize cultural and heritage values relating to wetlands in the legal framework and policies of heritage protection, Ramsar Resolution VIII/19, 20
  • Integrate rules for compensation of wetland loss into national policies on land and water planning, Ramsar Resolution VII/24, 11
  • Establish legal and administrative structures for the applications of management plans for Ramsar sites, Ramsar Resolution 5.7
  • Protect and preserve rare or fragile ecosystems as well as the habitat of depleted, threatened or endangered species and other forms of marine life, UNCLOS Article 194,5 SEE COMMENTARY 2

Indirectly relevant obligations and commitments

Component 2: Development of national legislation for the marine and coastal environment

Directly relevant obligations and commitments

  • Harmonize national legislation with the provisions of UNCLOS and, where applicable, relevant agreements and instruments, to ensure the consistent application of those provisions, UNGA Resolution 63/111, 4
  • Establish and/or strengthen legislative arrangements for the development of integrated management of marine and coastal ecosystems, plans and strategies for marine and coastal areas, CBD Decision II/10, 3
  • Take into consideration the Ramsar Guidelines on management planning for Ramsar sites and other wetlands when developing policy and legal instruments relating to wetlands, Ramsar Resolution VII/12, 22 - SEE COMMENTARY 4
  • Harmonize national legislation with the provisions of UNCLOS and, where applicable, relevant agreements and instruments, to ensure the consistent application of those provisions, UNGA Resolution 63/111, 4

  • Adopt laws and regulations to prevent, reduce and control pollution of the marine environment from land-based sources, taking into account internationally agreed rules, standards and recommended practices and procedures, UNCLOS Article 207 . SEE COMMENTARY 5
  • Develop policies that promote opportunities to take advantage of the regulatory services already provided by wetlands to the global climate system, while at the same time contributing to improving human livelihoods and meeting biodiversity goals, Ramsar Resolution X.24, 41
  • Develop national policies, strategies or programmes for ballast water management, BWM Article 4, 2 - SEE COMMENTARY 7
  • Adopt laws and regulations to prevent, reduce and control pollution of the marine environment from land-based sources, including rivers, estuaries, pipelines and outfall structures, taking into account internationally agreed rules, standards and recommended practices and procedures, UNCLOS Article 207 .

  • Prevent, reduce or eliminate pollution caused by dumping or incineration at sea of wastes or other matter; UNGA Resolution 59/24, 55
  • Develop, apply and strengthen comprehensive environmental protection legislation in relation to oil pollution, CMS Resolution 7.3, 1b
  • Develop, apply and strengthen enforcement of environmental protection legislation in relation to oil pollution, CMS Resolution 7.3, 1c
  • Adopt relevant measures to avoid the repetition of a disaster such as the accident of the Prestige oil tanker, Ramsar Resolution VIII.46, 11
  • Develop measures of preparedness to respond to oil spills, CMS Resolution 7.3, 1d
  • Ocean fertilization activities other than for legitimate scientific research should not be allowed; UNGA Resolution 63/111,115
  • Take appropriate measures with regard to ships flying national flag or of national registry to address hazards that may be caused by wrecks and drifting or sunken cargo to navigation or the marine environment, UNGA Resolution 63/111, 87
  • Take appropriate measures/actions in order to reduce the environmental impacts of extractive activities on pristine peatlands, Ramsar Resolution X.26, 21

Indirectly relevant obligations and commitments

  • Take appropriate measures/actions in order to reduce the environmental impacts of extractive activities on pristine peatlands, Ramsar Resolution X.26, 21
Component 3: Development of national legislation for marine and coastal species

Directly relevant obligations and commitments

  • Ensure the further protection of those threatened sturgeon species that are not already subject to international-level protection activities; CMS Resolution 9.2, 5d, iv
  • Curtail illegal fishing of and trade in sturgeon and paddlefish by improving existing laws, CITES Resolution 12.7 (rev. COP 14) SEE COMMENTARY 8
  • Harmonize national legislation related to personal exemptions for caviar, CITES Resolution 12.7 (rev. COP 14)
  • Prohibit domestic sales of whale products that could not have come from whales obtained in accordance with IWC and CITES regulations, IWC Resolution 1995:6
  • Prevent commercial harvest of Dermochelys coriacea turtles and/or eggs, CMS Recommendation 7.6c SEE COMMENTARY 9
  • Secure that cormorants may only be killed under controlled conditions: CMS Recommendation 4.1, 1g
  • Harmonize national legislation with the provisions of the Agreement relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, and ensure that the provisions of the Agreement are effectively implemented into RFMOs to which your country is a member, UNGA Resolution 63/112, 19
  • Adopt national laws, regulations, policies and procedures necessary to promote and facilitate marine scientific research and cooperation, UNGA Resolution 57/141, 23
  • Require a “genuine link” between States and fishing vessels flying their flags, UNGA Resolution 63/112, 51
  • Control the impact of emission of man-made noise pollution in habitat of vulnerable species and in areas where marine mammals or other endangered species may be concentrated: CMS Resolution 9.19, 1
  • Regulate trade in sturgeon products by implementing a range of measures, CITES Resolution 12.7 (rev. COP 14) SEE COMMENTARY 10
  • Do not allow trade in specimens of species included in Appendices I , II and III except in accordance with the provisions of the present Convention, CITES Article II,4 SEE COMMENTARY 11
  • Secure that cormorants may only be killed under controlled conditions: CMS Recommendation 4.1, 1g

Indirectly relevant obligations and commitments

Fisheries

Relevant obligations and commitments

  • Harmonize national legislation with the provisions of the Agreement, and ensure that the provisions of the Agreement are effectively implemented into RFMOs to which your country is a member, UNGA Resolution 63/112, 19
  • Deter the activities, including illegal, unreported and unregulated fishing, of any vessel which undermines conservation and management measures , UNGA Resolution 63/112, 44
  • Take specific measures to combat IUU fishing, including deterring the reflagging of vessels by nationals, UNGA Resolution 63/112, 45
  • Do not permit vessels flying national flag to engage in fishing on the high seas or in areas under the national jurisdiction of other States, unless duly authorized by the authorities of the States concerned and in accordance with the conditions set out in the authorization, UNGA Resolution 63/112, 45
  • Prevent fish and fishery products caught in a manner that undermines applicable conservation and management measures adopted from entering international trade, UNGA Resolution 63/112, 65
  • Consider regulations empowering the relevant national authorities to prohibit landings and trans-shipments where it has been established that the catch has been taken in a manner which the undermines the effectiveness conservation and management measures, UNFSA Article 23,3
  • Ensure conservation of anadromous stocks by the establishment of appropriate regulatory measures for fishing in all waters landward of the outer limits of the exclusive economic zone, UNCLOS Article 66 SEE COMMENTARY 15
  • Require the implementation of proven by-catch solutions – CMS Resolution 9.14, 2b
  • Do not authorize vessels flying national flag to engage in fishing operations for fish stocks which are subject to the conservation and management measures established by an RFMO to which your country is not a member, or whose conservation and management measures you do not apply, UNFSA Article 17.2
  • Clarify the role of the “genuine link” in relation to the duty of flag States to exercise effective control over fishing vessels flying their flag, UNFSA RC, Annex, Article 32h
  • Adopt, strengthen and implement compliance and enforcement schemes in all RFMOs; enhance or develop mechanisms to coordinate monitoring, control and surveillance measures, and ensure exchange of information related to IUU fishing, UNFSA RC, Annex, Article 43b
  • Adopt all necessary port State measures, UNFSA RC, Annex, Article 43d – SEE COMMENTARY 16
  • Ensure that all vessels fishing on the high seas carry vessel monitoring systems as soon as practicable, UNFSA RC, Annex, Article 43n
  • Take specific measures to combat IUU fishing, including deterring the reflagging of vessels by nationals, UNGA Resolution 63/112, 45
Trade

Relevant obligations and commitments


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Author Commentary 1

The sovereign right of States to exploit their natural resources is subject to their duty to protect and preserve the marine environment (UNCLOS Article 193).

Author Commentary 2

This obligation is part of UNCLOS Article 194 , ”entitled measures to prevent, reduce and control pollution of the marine environment”. However, UNCLOS Article 194, 5 specifically refers to measures taken in accordance with Part XII of UNCLOS . It can therefore be considered as further specifying all obligations of States under part XII, including the general obligation of states to protect and preserve the marine environment, as established under Article 192.

Author Commentary 3

4 CBD Decision VII/28, 5 and CBD Decision VII/28, Annex : The programme of work on protected areas carries a range of provisions relevant for establishing and managing inland water protected areas. Goal 1.1 asks for establishing and strengthening of national and regional protected area systems integrated into a global network; goal 1.2 for the integration of protected areas into broader land- and seascapes and sectors; goal 1.4 for a substantially improvement of site-based protected area planning and management; and goal 1.5 for the prevention and mitigation of the negative impacts of key threats to protected areas. Goal 2.1 aims for the promotion of equity and benefit-sharing; goal 4.1 for developing and adopting of minimum standards and best practices for national and regional protected area systems. Goal 4.2 addresses the evaluation and improvement of the effectiveness of protected areas management.

Author Commentary 4

Ramsar Resolution VII/12, 22 : The Guidelines on management planning for Ramsar sites and other wetlands have been superseded by the New Guidelines for management planning for Ramsar sites and other wetlands, which can be found at Ramsar Resolution VIII.14, Annex .

Author Commentary 5

This activity includes rivers, estuaries, pipelines and outfall structures.

Author Commentary 6

This is Operational Objective 1.2 , under programme element 1 of the CBD program of work on Marine and Coastal Biodiversity: Implementation of integrated marine and coastal area management (IMCAM). The goal of this programme elements is to promote and improve the implementation of IMCAM at the local, national and regional level.
Suggested activities
(a) To promote adequate protection of areas important for reproduction such as spawning and nursery areas and restoration of such areas and other important habitats for marine living resources.
(b) To promote action to reduce and control sea-based sources of pollution.
(c) To achieve substantial progress in protecting the marine environment from land-based activities through effective application of the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities and other appropriate instruments, including proper coastal land use, watershed planning, and integration of integrated marine and coastal area management into key sectors.
(d) To promote urgent and special attention and measures in respect to closed and semi-closed seas.
(e) To take measures to reduce by-catch.
Ways and means
The activities should be carried out by Parties acting individually or under regional agreements where appropriate and assisted by regional and international organizations, including the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities. The Executive Secretary should assist Parties in implementation.

Author Commentary 7

Overlap in the recommendation for Parties to develop various standards and other forms of guidance on ballast water management

Author Commentary 8

In collaboration with the CITES Secretariat, ICPO-Interpol and the World Customs Organization.

Author Commentary 9

This Recommendation applies only to Range States of the Pacific Ocean, Indian Ocean and eastern Atlantic Ocean regions:

Author Commentary 10

The most important management obligations for Parties can be found under CITES Resolution 12.7 (Rev. CoP14) , subitems a,c, g, h, l, m.

Author Commentary 11

Relevant provisons are included in Articles III toV,Article X and Article XIV,4 of the CITES Convention. Note that these articles include specific provisions regarding introduction from the sea of species included in the CITES Appendices .

Author Commentary 12

CBD Decision VIII/1, 1 and CBD Decision VIII/1, Annex : This is priority action 3.1 of the programme of work on island biodiversity.

Author Commentary 13

This is target 2.2 in the Strategic Plan 2006-2011 , under objective 2: To ensure that migratory species benefit from the best possible conservation measures.

Author Commentary 14

Author Commentary 15

Anadromous fish live in the ocean mostly, and breed in fresh water. This obligation applies primarily to the State of origin of anadromous stocks. Fishing for anadromous stocks is only conducted in waters landward of the outer limits of the exclusive economic zone, unless where this provision would result in economic dislocation for a State other than the State of origin. In such cases, and in cases where anadromous stocks migrate through the waters landward of the outer limits of the exclusive economic zone of another state, States will cooperate with regard to the conservation and management of such stock.

Author Commentary 16

With regard to this obligation, the 2005 FAO Model Scheme on Port State Measures to Combat Illegal, Unreported and Unregulated Fishing is relevant.

Author Commentary 17

Relevant provisions are included in Articles III to V, Article X and Article XIV, 4of the CITES Convention. Note that these articles include specific provisions regarding introduction from the sea of species included in the CITES Appendices.

Author Commentary 18

Possible synergy occurs between the two conventions, regarding trade legislation and IAS. Share lessons learned from review of wildlife policy reviews with other countries: CITES Decision 14.22