In Paragraph 15 on page 5, for “Area based management tool,” we suggest a formulation following prefer Option I slightly modified to read: “A management measure applicable in a
specified area designed to achieve the objectives of this Instrument.”
For Paragraph 16, “marine protected area ,” we note that the proposed definition draws from Article 2 of the Convention on Biodiversity (CBD). We consider this definition too broad as it fails to clearly distinguish MPAs from other area-based measures that may be short term, single sector, or single habitat/species, and instead suggest that the definition refer to areas that can be “established” rather than simply “designated” without any management measures in place. Further, well designed, managed and enforced marine protected areas, including areas where no human activity is allowed, are key elements to maximize conservation and ecosystem benefits and to build ocean resilience against cumulative impacts of human activities and climate change.
To better capture this, we suggest the following definition of a “Marine protected area” to be “a geographically defined marine area which is established under this instrument where human activities are regulated, managed or prohibited to achieve long-term biodiversity conservation.” We join New Zealand in emphasising long-term.
We do want to note that it is important that the definition of “cumulative impacts” includes climate change and ocean acidification as well as other effects, not just effects of anthropogenic activities.
We do have one additional definition, being that “For the purposes of this instrument, “planned activities under a State’s jurisdiction or control” includes activities over which the State has effective control or exercises jurisdiction in the form of licensing or funding of the activities, or in which the proposed activity is organized or from which it proceeds.” This definition draws from the Madrid Protocol and Antarctic Treaty and is intended to capture all activities.
We have additional suggestions regarding definitions, and principles but as they are lengthy, and we will submit to papersmart.