AGENDA 21 OBLIGATIONS

Chapter 17 

PROTECTION OF THE OCEANS, ALL KINDS OF SEAS, INCLUDING ENCLOSED AND SEMI-ENCLOSED SEAS, AND COASTAL AREAS AND THE PROTECTION, RATIONAL USE AND DEVELOPMENT OF THEIR LIVING RESOURCES

17.1. The marine environment - including the oceans and all seas and adjacent coastal areas - following are the programme areas:

·        Integrated management and sustainable development of coastal areas, including exclusive economic zones;

·        Marine environmental protection;

·        Sustainable use and conservation of marine living resources of the high seas;

·        Sustainable use and conservation of marine living resources under national jurisdiction;

·        Addressing critical uncertainties for the management of the marine environment and climate change;

·        Strengthening international, including regional, cooperation and coordination;

·        Sustainable development of small islands.

17.2. The implementation by developing countries of the activities set forth below shall be commensurate with their individual technological and financial capacities and priorities in allocating resources for development needs and ultimately depends on the technology transfer and financial resources required and made available to them.

A. Integrated management and sustainable development of coastal and marine areas, including exclusive economic zones

Objectives

17.5. Coastal States commit themselves to integrated management and sustainable development of coastal areas and the marine environment under their national jurisdiction. To this end, it is necessary to, inter alia:

·        Provide for an integrated policy and decision-making process, including all involved sectors, to promote compatibility and a balance of uses;

·        Identify existing and projected uses of coastal areas and their interactions;

·        Concentrate on well-defined issues concerning coastal management;

·        Apply preventive and precautionary approaches in project planning and implementation, including prior assessment and systematic observation of the impacts of major projects;

·        Promote the development and application of methods, such as national resource and environmental accounting, that reflect changes in value resulting from uses of coastal and marine areas, including pollution, marine erosion, loss of resources and habitat destruction;

·        Provide access, as far as possible, for concerned individuals, groups and organizations to relevant information and opportunities for consultation and participation in planning and decision-making at appropriate levels.

Activities

(a) Management-related activities

17.6. Each coastal State should consider establishing, or where necessary strengthening, appropriate coordinating mechanisms (such as a high-level policy planning body) for integrated management and sustainable development of coastal and marine areas and their resources, at both the local and national levels. Such mechanisms should include consultation, as appropriate, with the academic and private sectors, non-governmental organizations, local communities, resource user groups, and indigenous people. Such national coordinating mechanisms could provide, inter alia, for:

·        Preparation and implementation of land and water use and siting policies;

·        Implementation of integrated coastal and marine management and sustainable development plans and programmes at appropriate levels;

·        Preparation of coastal profiles identifying critical areas, including eroded zones, physical processes, development patterns, user conflicts and specific priorities for management;

·        Prior environmental impact assessment, systematic observation and follow-up of major projects, including the systematic incorporation of results in decision-making;

·        Contingency plans for human induced and natural disasters, including likely effects of potential climate change and sealevel rise, as well as contingency plans for degradation and pollution of anthropogenic origin, including spills of oil and other materials;

·        Improvement of coastal human settlements, especially in housing, drinking water and treatment and disposal of sewage, solid wastes and industrial effluents;

·        Periodic assessment of the impacts of external factors and phenomena to ensure that the objectives of integrated management and sustainable development of coastal areas and the marine environment are met;

·        Conservation and restoration of altered critical habitats;

·        Integration of sectoral programmes on sustainable development for settlements, agriculture, tourism, fishing, ports and industries affecting the coastal area;

·        Infrastructure adaptation and alternative employment;

·        Human resource development and training;

·        Public education, awareness and information programmes;

·        Promoting environmentally sound technology and sustainable practices;

·        Development and simultaneous implementation of environmental quality criteria.

17.7. Coastal States, with the support of international organizations, upon request, should undertake measures to maintain biological diversity and productivity of marine species and habitats under national jurisdiction. Inter alia, these measures might include: surveys of marine biodiversity, inventories of endangered species and critical coastal and marine habitats; establishment and management of protected areas; and support of scientific research and dissemination of its results.

(b) Data and information

17.8. Coastal States, where necessary, should improve their capacity to collect, analyse, assess and use information for sustainable use of resources, including environmental impacts of activities affecting the coastal and marine areas. Information for management purposes should receive priority support in view of the intensity and magnitude of the changes occurring in the coastal and marine areas. To this end, it is necessary to, inter alia:

·        Develop and maintain databases for assessment and management of coastal areas and all seas and their resources;

·        Develop socio-economic and environmental indicators;

·        Conduct regular environmental assessment of the state of the environment of coastal and marine areas;

·        Prepare and maintain profiles of coastal area resources, activities, uses, habitats and protected areas based on the criteria of sustainable development;

·        Exchange information and data.

17.9. Cooperation with developing countries, and, where applicable, subregional and regional mechanisms, should be strengthened to improve their capacities to achieve the above.

(c) International and regional cooperation and coordination

17.10. The role of international cooperation and coordination on a bilateral basis and, where applicable, within a subregional, interregional, regional or global framework, is to support and supplement national efforts of coastal States to promote integrated management and sustainable development of coastal and marine areas.

17.11. States should cooperate, as appropriate, in the preparation of national guidelines for integrated coastal zone management and development, drawing on existing experience. A global conference to exchange experience in the field could be held before 1994.

Means of implementation

(a) Financing and cost evaluation

17.12. The Conference secretariat has estimated the average total annual cost (1993-2000) of implementing the activities of this programme to be about $6 billion including about $50 million from the international community on grant or concessional terms. These are indicative and order-of-magnitude estimates only and have not been reviewed by Governments. Actual costs and financial terms, including any that are non-concessional, will depend upon, inter alia, the specific strategies and programmes Governments decide upon for implementation.

(b) Scientific and technological means

17.13. States should cooperate in the development of necessary coastal systematic observation, research and information management systems. They should provide access to and transfer environmentally safe technologies and methodologies for sustainable development of coastal and marine areas to developing countries. They should also develop technologies and endogenous scientific and technological capacities.

17.14. International organizations, whether subregional, regional or global, as appropriate, should support coastal States, upon request, in these efforts, as indicated above, devoting special attention to developing countries.

(c) Human resource development

17.15. Coastal States should promote and facilitate the organization of education and training in integrated coastal and marine management and sustainable development for scientists, technologists, managers (including community-based managers) and users, leaders, indigenous peoples, fisherfolk, women and youth, among others. Management and development, as well as environmental protection concerns and local planning issues, should be incorporated in educational curricula and public awareness campaigns, with due regard to traditional ecological knowledge and socio-cultural values.

17.16. International organizations, whether subregional, regional or global, as appropriate, should support coastal States, upon request, in the areas indicated above, devoting special attention to developing countries.

(d) Capacity-building

17.17. Full cooperation should be extended, upon request, to coastal States in their capacity-building efforts and, where appropriate, capacity-building should be included in bilateral and multilateral development cooperation. Coastal States may consider, inter alia:

·        Ensuring capacity-building at the local level;

·        Consulting on coastal and marine issues with local administrations, the business community, the academic sector, resource user groups and the general public;

·        Coordinating sectoral programmes while building capacity;

·        Identifying existing and potential capabilities, facilities and needs for human resources development and scientific and technological infrastructure;

·        Developing scientific and technological means and research;

·        Promoting and facilitating human resource development and education;

·        Supporting "centres of excellence" in integrated coastal and marine resource management;

·        Supporting pilot demonstration programmes and projects in integrated coastal and marine management.

B. Marine environmental protection

Objectives

17.22. States, in accordance with the provisions of the United Nations Convention on the Law of the Sea on protection and preservation of the marine environment, commit themselves, in accordance with their policies, priorities and resources, to prevent, reduce and control degradation of the marine environment so as to maintain and improve its life-support and productive capacities. To this end, it is necessary to:

·        Apply preventive, precautionary and anticipatory approaches so as to avoid degradation of the marine environment, as well as to reduce the risk of long-term or irreversible adverse effects upon it;

·        Ensure prior assessment of activities that may have significant adverse impacts upon the marine environment;

·        Integrate protection of the marine environment into relevant general environmental, social and economic development policies;

·        Develop economic incentives, where appropriate, to apply clean technologies and other means consistent with the internalization of environmental costs, such as the polluter pays principle, so as to avoid degradation of the marine environment;

·        Improve the living standards of coastal populations, particularly in developing countries, so as to contribute to reducing the degradation of the coastal and marine environment.

17.23. States agree that provision of additional financial resources, through appropriate international mechanisms, as well as access to cleaner technologies and relevant research, would be necessary to support action by developing countries to implement this commitment.

Activities

(a) Management-related activities

Prevention, reduction and control of degradation of the marine environment from land-based activities

17.24. In carrying out their commitment to deal with degradation of the marine environment from land-based activities, States should take action at the national level and, where appropriate, at the regional and subregional levels, in concert with action to implement programme area A, and should take account of the Montreal Guidelines for the Protection of the Marine Environment from Land-Based Sources.

17.25. To this end, States, with the support of the relevant international environmental, scientific, technical and financial organizations, should cooperate, inter alia, to:

·        Consider updating, strengthening and extending the Montreal Guidelines, as appropriate;

·        Assess the effectiveness of existing regional agreements and action plans, where appropriate, with a view to identifying means of strengthening action, where necessary, to prevent, reduce and control marine degradation caused by land-based activities;

·        Initiate and promote the development of new regional agreements, where appropriate;

·        Develop means of providing guidance on technologies to deal with the major types of pollution of the marine environment from land-based sources, according to the best scientific evidence;

·        Develop policy guidance for relevant global funding mechanisms;

·        Identify additional steps requiring international cooperation.

17.26. The UNEP Governing Council is invited to convene, as soon as practicable, an intergovernmental meeting on protection of the marine environment from land-based activities.

17.27. As concerns sewage, priority actions to be considered by States may include:

·        Incorporating sewage concerns when formulating or reviewing coastal development plans, including human settlement plans;

·        Building and maintaining sewage treatment facilities in accordance with national policies and capacities and international cooperation available;

·        Locating coastal outfalls so as to maintain an acceptable level of environmental quality and to avoid exposing shell fisheries, water intakes and bathing areas to pathogens;

·        Promoting environmentally sound co-treatments of domestic and compatible industrial effluents, with the introduction, where practicable, of controls on the entry of effluents that are not compatible with the system;

·        Promoting primary treatment of municipal sewage discharged to rivers, estuaries and the sea, or other solutions appropriate to specific sites;

·        Establishing and improving local, national, subregional and regional, as necessary, regulatory and monitoring programmes to control effluent discharge, using minimum sewage effluent guidelines and water quality criteria and giving due consideration to the characteristics of receiving bodies and the volume and type of pollutants.

17.28. As concerns other sources of pollution, priority actions to be considered by States may include:

·        Establishing or improving, as necessary, regulatory and monitoring programmes to control effluent discharges and emissions, including the development and application of control and recycling technologies;

·        Promoting risk and environmental impact assessments to help ensure an acceptable level of environmental quality;

·        Promoting assessment and cooperation at the regional level, where appropriate, with respect to the input of point source pollutants from new installations;

·        Eliminating the emission or discharge of organohalogen compounds that threaten to accumulate to dangerous levels in the marine environment;

·        Reducing the emission or discharge of other synthetic organic compounds that threaten to accumulate to dangerous levels in the marine environment;

·        Promoting controls over anthropogenic inputs of nitrogen and phosphorus that enter coastal waters where such problems as eutrophication threaten the marine environment or its resources;

·        Cooperating with developing countries, through financial and technological support, to maximize the best practicable control and reduction of substances and wastes that are toxic, persistent or liable to bio-accumulate and to establish environmentally sound land-based waste disposal alternatives to sea dumping;

·        Cooperating in the development and implementation of environmentally sound land-use techniques and practices to reduce run-off to water-courses and estuaries which would cause pollution or degradation of the marine environment;

·        Promoting the use of environmentally less harmful pesticides and fertilizers and alternative methods for pest control, and considering the prohibition of those found to be environmentally unsound;

·        Adopting new initiatives at national, subregional and regional levels for controlling the input of non-point source pollutants, which require broad changes in sewage and waste management, agricultural practices, mining, construction and transportation.

17.29. As concerns physical destruction of coastal and marine areas causing degradation of the marine environment, priority actions should include control and prevention of coastal erosion and siltation due to anthropogenic factors related to, inter alia, land-use and construction techniques and practices. Watershed management practices should be promoted so as to prevent, control and reduce degradation of the marine environment.

Prevention, reduction and control of degradation of the marine environment from sea-based activities

17.30. States, acting individually, bilaterally, regionally or multilaterally and within the framework of IMO and other relevant international organizations, whether subregional, regional or global, as appropriate, should assess the need for additional measures to address degradation of the marine environment:

·        From shipping, by:

·        Supporting wider ratification and implementation of relevant shipping conventions and protocols;

·        Facilitating the processes in (i), providing support to individual States upon request to help them overcome the obstacles identified by them;

·        Cooperating in monitoring marine pollution from ships, especially from illegal discharges (e.g., aerial surveillance), and enforcing MARPOL discharge, provisions more rigorously;

·        )Assessing the state of pollution caused by ships in particularly sensitive areas identified by IMO and taking action to implement applicable measures, where necessary, within such areas to ensure compliance with generally accepted international regulations;

·        Taking action to ensure respect of areas designated by coastal States, within their exclusive economic zones, consistent with international law, in order to protect and preserve rare or fragile ecosystems, such as coral reefs and mangroves;

·        Considering the adoption of appropriate rules on ballast water discharge to prevent the spread of non-indigenous organisms;

·        Promoting navigational safety by adequate charting of coasts and ship-routing, as appropriate;

·        Assessing the need for stricter international regulations to further reduce the risk of accidents and pollution from cargo ships (including bulk carriers);

·        Encouraging IMO and IAEA to work together to complete consideration of a code on the carriage of irradiated nuclear fuel in flasks on board ships;

·        Revising and updating the IMO Code of Safety for Nuclear Merchant Ships and considering how best to implement a revised code;

·        Supporting the ongoing activity within IMO regarding development of appropriate measures for reducing air pollution from ships;

·        Supporting the ongoing activity within IMO regarding the development of an international regime governing the transportation of hazardous and noxious substances carried by ships and further considering whether the compensation funds similar to the ones established under the Fund Convention would be appropriate in respect of pollution damage caused by substances other than oil;

·        From dumping, by:

·        Supporting wider ratification, implementation and participation in relevant Conventions on dumping at sea, including early conclusion of a future strategy for the London Dumping Convention;

·        Encouraging the London Dumping Convention parties to take appropriate steps to stop ocean dumping and incineration of hazardous substances;

·        From offshore oil and gas platforms, by assessing existing regulatory measures to address discharges, emissions and safety and assessing the need for additional measures;

·        From ports, by facilitating establishment of port reception facilities for the collection of oily and chemical residues and garbage from ships, especially in MARPOL special areas, and promoting the establishment of smaller scale facilities in marinas and fishing harbours.

17.31. IMO and as appropriate, other competent United Nations organizations, when requested by the States concerned, should assess, where appropriate, the state of marine pollution in areas of congested shipping, such as heavily used international straits, with a view to ensuring compliance with generally accepted international regulations, particularly those related to illegal discharges from ships, in accordance with the provisions of Part III of the United Nations Convention on the Law of the Sea.

17.32. States should take measures to reduce water pollution caused by organotin compounds used in anti-fouling paints.

17.33. States should consider ratifying the Convention on Oil Pollution Preparedness, Response and Cooperation, which addresses, inter alia, the development of contingency plans on the national and international level, as appropriate, including provision of oil-spill response material and training of personnel, including its possible extension to chemical spill response.

17.34. States should intensify international cooperation to strengthen or establish, where necessary, regional oil/chemical-spill response centres and/or, as appropriate, mechanisms in cooperation with relevant subregional, regional or global intergovernmental organizations and, where appropriate, industry-based organizations.

(b) Data and information

17.35. States should, as appropriate, and in accordance with the means at their disposal and with due regard for their technical and scientific capacity and resources, make systematic observations on the state of the marine environment. To this end, States should, as appropriate, consider:

·        Establishing systematic observation systems to measure marine environmental quality, including causes and effects of marine degradation, as a basis for management;

·        Regularly exchanging information on marine degradation caused by land-based and sea-based activities and on actions to prevent, control and reduce such degradation;

·        Supporting and expanding international programmes for systematic observations such as the mussel watch programme, building on existing facilities with special attention to developing countries;

·        Establishing a clearing-house on marine pollution control information, including processes and technologies to address marine pollution control and to support their transfer to developing countries and other countries with demonstrated needs;

·        Establishing a global profile and database providing information on the sources, types, amounts and effects of pollutants reaching the marine environment from land-based activities in coastal areas and sea-based sources;

·        Allocating adequate funding for capacity-building and training programmes to ensure the full participation of developing countries, in particular, in any international scheme under the organs and organizations of the United Nations system for the collection, analysis and use of data and information.

Means of implementation

(a) Financing and cost evaluation

17.36. The Conference secretariat has estimated the average total annual cost (1993-2000) of implementing the activities of this programme to be about $200 million from the international community on grant or concessional terms. These are indicative and order-of-magnitude estimates only and have not been reviewed by Governments. Actual costs and financial terms, including any that are non-concessional, will depend upon, inter alia, the specific strategies and programmes Governments decide upon for implementation.

(b) Scientific and technological means

17.37. National, subregional and regional action programmes will, where appropriate, require technology transfer, in conformity with chapter 34, and financial resources, particularly where developing countries are concerned, including:

·        Assistance to industries in identifying and adopting clean production or cost-effective pollution control technologies;

·        Planning development and application of low-cost and low-maintenance sewage installation and treatment technologies for developing countries;

·        Equipment of laboratories to observe systematically human and other impacts on the marine environment;

·        Identification of appropriate oil- and chemical-spill control materials, including low-cost locally available materials and techniques, suitable for pollution emergencies in developing countries;

·        Study of the use of persistent organohalogens that are liable to accumulate in the marine environment to identify those that cannot be adequately controlled and to provide a basis for a decision on a time schedule for phasing them out as soon as practicable;

·        Establishment of a clearing-house for information on marine pollution control, including processes and technologies to address marine pollution control, and support for their transfer to developing and other countries with demonstrated needs.

(c) Human resource development

17.38. States individually or in cooperation with each other and with the support of international organizations, whether subregional, regional or global, as appropriate, should:

·        Provide training for critical personnel required for the adequate protection of the marine environment as identified by training needs' surveys at the national, regional or subregional levels;

·        Promote the introduction of marine environmental protection topics into the curriculum of marine studies programmes;

·        Establish training courses for oil- and chemical-spill response personnel, in cooperation, where appropriate, with the oil and chemical industries;

·        Conduct workshops on environmental aspects of port operations and development;

·        Strengthen and provide secure financing for new and existing specialized international centres of professional maritime education;

·        States should, through bilateral and multilateral cooperation, support and supplement the national efforts of developing countries as regards human resource development in relation to prevention and reduction of degradation of the marine environment.

(d) Capacity-building

17.39. National planning and coordinating bodies should be given the capacity and authority to review all land-based activities and sources of pollution for their impacts on the marine environment and to propose appropriate control measures.

17.40. Research facilities should be strengthened or, where appropriate, developed in developing countries for systematic observation of marine pollution, environmental impact assessment and development of control recommendations and should be managed and staffed by local experts.

17.41. Special arrangements will be needed to provide adequate financial and technical resources to assist developing countries in preventing and solving problems associated with activities that threaten the marine environment.

17.42. An international funding mechanism should be created for the application of appropriate sewage treatment technologies and building sewage treatment facilities, including grants or concessional loans from international agencies and appropriate regional funds, replenished at least in part on a revolving basis by user fees.

17.43. In carrying out these programme activities, particular attention needs to be given to the problems of developing countries that would bear an unequal burden because of their lack of facilities, expertise or technical capacities.

C. Sustainable use and conservation of marine living resources of the high seas

Basis for action

Objectives

17.46. States commit themselves to the conservation and sustainable use of marine living resources on the high seas. To this end, it is necessary to:

·        Develop and increase the potential of marine living resources to meet human nutritional needs, as well as social, economic and development goals;

·        Maintain or restore populations of marine species at levels that can produce the maximum sustainable yield as qualified by relevant environmental and economic factors, taking into consideration relationships among species;

·        Promote the development and use of selective fishing gear and practices that minimize waste in the catch of target species and minimize by-catch of non-target species;

·        Ensure effective monitoring and enforcement with respect to fishing activities;

·        Protect and restore endangered marine species;

·        Preserve habitats and other ecologically sensitive areas;

·        Promote scientific research with respect to the marine living resources in the high seas.

17.47. Nothing in paragraph 17.46 above restricts the right of a State or the competence of an international organization, as appropriate, to prohibit, limit or regulate the exploitation of marine mammals on the high seas more strictly than provided for in that paragraph. States shall cooperate with a view to the conservation of marine mammals and, in the case of cetaceans, shall in particular work through the appropriate international organizations for their conservation, management and study.

17.48. The ability of developing countries to fulfil the above objectives is dependent upon their capabilities, including the financial, scientific and technological means at their disposal. Adequate financial, scientific and technological cooperation should be provided to support action by them to implement these objectives.

Activities

(a) Management-related activities

17.49. States should take effective action, including bilateral and multilateral cooperation, where appropriate at the subregional, regional and global levels, to ensure that high seas fisheries are managed in accordance with the provisions of the United Nations Convention on the Law of the Sea. In particular, they should:

·        Give full effect to these provisions with regard to fisheries populations whose ranges lie both within and beyond exclusive economic zones (straddling stocks);

·        Give full effect to these provisions with regard to highly migratory species;

·        Negotiate, where appropriate, international agreements for the effective management and conservation of fishery stocks;

·        Define and identify appropriate management units;

·        States should convene, as soon as possible, an intergovernmental conference under United Nations auspices, taking into account relevant activities at the subregional, regional and global levels, with a view to promoting effective implementation of the provisions of the United Nations

Convention on the Law of the Sea on straddling fish stocks and highly migratory fish stocks. The conference, drawing, inter alia, on scientific and technical studies by FAO, should identify and assess existing problems related to the conservation and management of such fish stocks, and consider means of improving cooperation on fisheries among States, and formulate appropriate recommendations. The work and the results of the conference should be fully consistent with the provisions of the United Nations Convention on the Law of the Sea, in particular the rights and obligations of coastal States and States fishing on the high seas.

17.50. States should ensure that fishing activities by vessels flying their flags on the high seas take place in a manner so as to minimize incidental catch.

17.51. States should take effective action consistent with international law to monitor and control fishing activities by vessels flying their flags on the high seas to ensure compliance with applicable conservation and management rules, including full, detailed, accurate and timely reporting of catches and effort.

17.52. States should take effective action, consistent with international law, to deter reflagging of vessels by their nationals as a means of avoiding compliance with applicable conservation and management rules for fishing activities on the high seas.

17.53. States should prohibit dynamiting, poisoning and other comparable destructive fishing practices.

17.54. States should fully implement General Assembly resolution 46/215 on large-scale pelagic drift-net fishing.

17.55. States should take measures to increase the availability of marine living resources as human food by reducing wastage, post-harvest losses and discards, and improving techniques of processing, distribution and transportation.

(b) Data and information

17.56. States, with the support of international organizations, whether subregional, regional or global, as appropriate, should cooperate to:

·        Promote enhanced collection of data necessary for the conservation and sustainable use of the marine living resources of the high seas;

·        Exchange on a regular basis up-to-date data and information adequate for fisheries assessment;

·        Develop and share analytical and predictive tools, such as stock assessment and bioeconomic models;

·        Establish or expand appropriate monitoring and assessment programmes.

(c) International and regional cooperation and coordination

17.57. States, through bilateral and multilateral cooperation and within the framework of subregional and regional fisheries bodies, as appropriate, and with the support of other international intergovernmental agencies, should assess high seas resource potentials and develop profiles of all stocks (target and non-target).

17.58. States should, where and as appropriate, ensure adequate coordination and cooperation in enclosed and semi-enclosed seas and between subregional, regional and global intergovernmental fisheries bodies.

17.59. Effective cooperation within existing subregional, regional or global fisheries bodies should be encouraged. Where such organizations do not exist, States should, as appropriate, cooperate to establish such organizations.

17.60. States with an interest in a high seas fishery regulated by an existing subregional and/or regional high seas fisheries organization of which they are not members should be encouraged to join that organization, where appropriate.

17.61. States recognize:

·        The responsibility of the International Whaling Commission for the conservation and management of whale stocks and the regulation of whaling pursuant to the 1946 International Convention for the Regulation of Whaling;

·        The work of the International Whaling Commission Scientific Committee in carrying out studies of large whales in particular, as well as of other cetaceans;

·        The work of other organizations, such as the Inter-American Tropical Tuna Commission and the Agreement on Small Cetaceans in the Baltic and North Sea under the Bonn Convention, in the conservation, management and study of cetaceans and other marine mammals.

17.62. States should cooperate for the conservation, management and study of cetaceans.

Means of implementation

(a) Financing and cost evaluation

17.63. The Conference secretariat has estimated the average total annual cost (1993-2000) of implementing the activities of this programme to be about $12 million from the international community on grant or concessional terms. These are indicative and order-of-magnitude estimates only and have not been reviewed by Governments. Actual costs and financial terms, including any that are non-concessional, will depend upon, inter alia, the specific strategies and programmes Governments decide upon for implementation.

(b) Scientific and technological means

17.64. States, with the support of relevant international organizations, where necessary, should develop collaborative technical and research programmes to improve understanding of the life cycles and migrations of species found on the high seas, including identifying critical areas and life stages.

17.65. States, with the support of relevant international organizations, whether subregional, regional or global, as appropriate, should:

·        Develop databases on the high seas marine living resources and fisheries;

·        Collect and correlate marine environmental data with high seas marine living resources data, including the impacts of regional and global changes brought about by natural causes and by human activities;

·        Cooperate in coordinating research programmes to provide the knowledge necessary to manage high seas resources.

(c) Human resource development

17.66. Human resource development at the national level should be targeted at both development and management of high seas resources, including training in high seas fishing techniques and in high seas resource assessment, strengthening cadres of personnel to deal with high seas resource management and conservation and related environmental issues, and training observers and inspectors to be placed on fishing vessels.

(d) Capacity-building

17.67. States, with the support, where appropriate, of relevant international organizations, whether subregional, regional or global, should cooperate to develop or upgrade systems and institutional structures for monitoring, control and surveillance, as well as the research capacity for assessment of marine living resource populations.

17.68. Special support, including cooperation among States, will be needed to enhance the capacities of developing countries in the areas of data and information, scientific and technological means, and human resource development in order to participate effectively in the conservation and sustainable utilization of high seas marine living resources.

D. Sustainable use and conservation of marine living resources under national jurisdiction

Objectives

17.73. Coastal States, particularly developing countries and States whose economies are overwhelmingly dependent on the exploitation of the marine living resources of their exclusive economic zones, should obtain the full social and economic benefits from sustainable utilization of marine living resources within their exclusive economic zones and other areas under national jurisdiction.

17.74. States commit themselves to the conservation and sustainable use of marine living resources under national jurisdiction. To this end, it is necessary to:

·        Develop and increase the potential of marine living resources to meet human nutritional needs, as well as social, economic and development goals;

·        Take into account traditional knowledge and interests of local communities, small-scale artisanal fisheries and indigenous people in development and management programmes;

·        Maintain or restore populations of marine species at levels that can produce the maximum sustainable yield as qualified by relevant environmental and economic factors, taking into consideration relationships among species;

·        Promote the development and use of selective fishing gear and practices that minimize waste in the catch of target species and minimize by-catch of non-target species;

·        Protect and restore endangered marine species;

·        Preserve rare or fragile ecosystems, as well as habitats and other ecologically sensitive areas.

17.75. Nothing in paragraph 17.74 above restricts the right of a coastal State or the competence of an international organization, as appropriate, to prohibit, limit or regulate the exploitation of marine mammals more strictly than provided for in that paragraph. States shall cooperate with a view to the conservation of marine mammals and in the case of cetaceans shall in particular work through the appropriate international organizations for their conservation, management and study.

17.76. The ability of developing countries to fulfil the above objectives is dependent upon their capabilities, including the financial, scientific and technological means at their disposal. Adequate financial, scientific and technological cooperation should be provided to support action by them to implement these objectives.

Activities

(a) Management-related activities

17.77. States should ensure that marine living resources of the exclusive economic zone and other areas under national jurisdiction are conserved and managed in accordance with the provisions of the United Nations Convention on the Law of the Sea.

17.78. States, in implementing the provisions of the United Nations Convention on the Law of the Sea, should address the issues of straddling stocks and highly migratory species, and, taking fully into account the objective set out in paragraph 17.73, access to the surplus of allowable catches.

17.79. Coastal States, individually or through bilateral and/or multilateral cooperation and with the support, as appropriate of international organizations, whether subregional, regional or global, should inter alia:

·        Assess the potential of marine living resources, including underutilized or unutilized stocks and species, by developing inventories, where necessary, for their conservation and sustainable use;

·        Implement strategies for the sustainable use of marine living resources, taking into account the special needs and interests of small-scale artisanal fisheries, local communities and indigenous people to meet human nutritional and other development needs;

·        Implement, in particular in developing countries, mechanisms to develop mariculture, aquaculture and small-scale, deep-sea and oceanic fisheries within areas under national jurisdiction where assessments show that marine living resources are potentially available;

·        Strengthen their legal and regulatory frameworks, where appropriate, including management, enforcement and surveillance capabilities, to regulate activities related to the above strategies;

·        Take measures to increase the availability of marine living resources as human food by reducing wastage, post-harvest losses and discards, and improving techniques of processing, distribution and transportation;

·        Develop and promote the use of environmentally sound technology under criteria compatible with the sustainable use of marine living resources, including assessment of the environmental impact of major new fishery practices;

·        Enhance the productivity and utilization of their marine living resources for food and income.

17.80. Coastal States should explore the scope for expanding recreational and tourist activities based on marine living resources, including those for providing alternative sources of income. Such activities should be compatible with conservation and sustainable development policies and plans.

17.81. Coastal States should support the sustainability of small-scale artisanal fisheries. To this end, they should, as appropriate:

·        Integrate small-scale artisanal fisheries development in marine and coastal planning, taking into account the interests and, where appropriate, encouraging representation of fishermen, small-scale fisherworkers, women, local communities and indigenous people;

·        Recognize the rights of small-scale fishworkers and the special situation of indigenous people and local communities, including their rights to utilization and protection of their habitats on a sustainable basis;

·        Develop systems for the acquisition and recording of traditional knowledge concerning marine living resources and environment and promote the incorporation of such knowledge into management systems.

17.82. Coastal States should ensure that, in the negotiation and implementation of international agreements on the development or conservation of marine living resources, the interests of local communities and indigenous people are taken into account, in particular their right to subsistence.

17.83. Coastal States, with the support, as appropriate, of international organizations should conduct analyses of the potential for aquaculture in marine and coastal areas under national jurisdiction and apply appropriate safeguards as to the introduction of new species. 17.84. States should prohibit dynamiting, poisoning and other comparable destructive fishing practices.

17.85. States should identify marine ecosystems exhibiting high levels of biodiversity and productivity and other critical habitat areas and should provide necessary limitations on use in these areas, through, inter alia, designation of protected areas. Priority should be accorded, as appropriate, to:

·        Coral reef ecosystems;

·        Estuaries;

·        Temperate and tropical wetlands, including mangroves;

·        Seagrass beds;

·        Other spawning and nursery areas.

(b) Data and information

17.86. States, individually or through bilateral and multilateral cooperation and with the support, as appropriate, of international organizations, whether subregional, regional or global, should:

·        Promote enhanced collection and exchange of data necessary for the conservation and sustainable use of the marine living resources under national jurisdiction;

·        Exchange on a regular basis up-to-date data and information necessary for fisheries assessment;

·        Develop and share analytical and predictive tools, such as stock assessment and bioeconomic models;

·        Establish or expand appropriate monitoring and assessment programmes;

·        Complete or update marine biodiversity, marine living resource and critical habitat profiles of exclusive economic zones and other areas under national jurisdiction, taking account of changes in the environment brought about by natural causes and human activities.

(c) International and regional cooperation and coordination

17.87. States, through bilateral and multilateral cooperation, and with the support of relevant United Nations and other international organizations, should cooperate to:

·        Develop financial and technical cooperation to enhance the capacities of developing countries in small-scale and oceanic fisheries, as well as in coastal aquaculture and mariculture;

·        Promote the contribution of marine living resources to eliminate malnutrition and to achieve food self-sufficiency in developing countries, inter alia, by minimizing post-harvest losses and managing stocks for guaranteed sustainable yields;

·        Develop agreed criteria for the use of selective fishing gear and practices to minimize waste in the catch of target species and minimize by-catch of non-target species;

·        Promote seafood quality, including through national quality assurance systems for seafood, in order to promote access to markets, improve consumer confidence and maximize economic returns.

17.88. States should, where and as appropriate, ensure adequate coordination and cooperation in enclosed and semi-enclosed seas and between subregional, regional and global intergovernmental fisheries bodies.

17.89. States recognize:

·        The responsibility of the International Whaling Commission for the conservation and managemen