RE: EU co-ordination towards a UN General Assembly moratorium on high seas bottom trawling

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1 Commissioner Stavros Dimas Commissioner for Environment European Commission B 1049 Brussels Seas at Risk 34 Boulevard de Waterloo, 1000 Brussels, Belgium t/f Monday, 2 October 2006 Dear Commissioner, RE: EU co-ordination towards a UN General Assembly moratorium on high seas bottom trawling We are writing to express our deep disappointment and concern regarding the very weak content of the Commission s statement and working paper on the issue of high seas bottom trawling, as presented by Commissioner Borg on Friday (29 September). The views outlined by the Commission fail to recognise the fact that scientists have yet to map and understand the biology of vulnerable marine ecosystems in the deep sea, following their rather recent discovery. In suggesting that appropriate steps are to be taken to protect sites where such vulnerable habitats are in good status and to ensure the collection of information with a view to the identification and mapping of areas containing vulnerable habitats (paras ) and their eventual protection, the European Commission is acting in complete disregard of the precautionary principle. In the absence of good data on their abundance and distribution, but having ample of proof for the destructiveness of deep-sea bottom trawling, the Commission is obliged under the EC Treaty to act with precaution in securing the protection of these vulnerable deep-sea habitats. The only effective way of achieving this is by means of an UN immediate moratorium on high seas bottom trawling, which is lifted only on a case-by-case in areas of the high seas where evidence is available to prove that no significant damage is caused by bottom trawlers. We understand and appreciate that you share our concern, and would like to commend you on the clear words that you have found in recent months with regards to this issue. It is our view that the Commission s statement pre-empted further discussions in Council and in EU co-ordination meetings in New York during this and subsequent weeks. A number of recent developments have further emphasised the need for protection of deep-sea ecosystems and suggest that the support for a moratorium on high seas bottom trawling within the European Union and internationally is growing. It is particularly encouraging to see public statements in support of the moratorium from Sweden, France, Austria, Belgium, the Netherlands, Denmark, Hungary and the UK, amongst others. We have attached a list of government statements (EU and international) in support of the moratorium in an Annex to this letter. 1

2 We further welcome the emphasis that the EU has given to the call for an Implementing Agreement, and encourage you to continue to pursue measures to ensure the long-term protection of marine biodiversity. In the meantime, however, the short-term protection of deep-sea ecosystems needs to be secured by agreeing to a UN moratorium on high seas bottom trawl fishing this year. Failing to agree on an EU position in favour of a UN moratorium will leave the EU paralysed on the issue of high seas protection during this year s UN General Assembly and may signal to other nations that the EU is not sincere in its support of a new UNCLOS Implementing Agreement. Moreover, a continuation of the stalemate on the issue of a moratorium in the UN General Assembly risks to undermine the credibility of the international community to act on scientific and public concerns and eventually risks undermining the authority of the UN Convention on the Law of the Sea itself. We urge you not to let this happen. It would be in the Commission s interest to broker a deal that reflects the interests of the Member States rather than those of a small sector of the European fishing industry. It must further be the role of the Commission to guard the basic principles of the EC Treaty (including the precautionary principle) and to protect shared and future interests in the thriving and diverse global commons that are the international waters of the high seas. With UN negotiations now in full swing, we ask you to personally engage in the negotiations by supporting the large group of EU Member States that seek to act on the basis of available scientific information, the precautionary principle and public and expert concern. We therefore call for your support of an EU position in favour of a UN moratorium on high seas bottom trawling. Kind regards, Saskia Richartz EU Marine Policy Director Greenpeace European Unit Dr. Monica Verbeek Fisheries Policy Officer Seas At Risk 2

3 ANNEX EU and National Positions on a UN Moratorium on High Seas Bottom Trawling EU Position at the United National Ad Hoc Open-ended Informal Working Group In February 2006, during the Ad Hoc Open-ended Informal Working Group on marine biodiversity in areas beyond national jurisdiction (ABNJ), the EU delegation stated that evidence of actual destruction of ecosystems is overwhelming and that we know sufficient about growing human pressure on marine biodiversity in ABNJ to warrant taking further steps on international cooperation and coordination for its conservation and sustainable use. The EU further expressed the need to take [i]n the short term, urgent action as referred to in Paragraphs 66 to 69 of Resolution 59/25 to address destructive practices and to protect marine biodiversity and particularly vulnerable ecosystems and reiterated its medium- to long term goal for the development of an Implementation Agreement under the UN Convention on the Law of the Sea to protect and conserve marine biodiversity in international waters. EU Member States in support of a moratorium include: In April 2006, the SWEDISH Environment Minister, Lena Sommestad said, "The Swedish government is pushing for a moratorium on bottom trawling on the high seas. We are trying... to convince our EU colleagues that this is an important issue. Especially in some countries in the EU... it is important that the politicians become aware of how destructive this kind of fishing is." In a speech delivered on 16 June 2006, the FRENCH Prime Minister Dominique de Villepin said that "[b]eyond our shores, we must preserve our oceans, their fauna and their balance. This is particularly important for our fishermen, of whom I know you are great defenders. This implies first of all fighting against marine pollution sources [...] This implies also fighting against the spoliation of the richest seabeds, this is why France supports a moratorium on all fishing techniques in deep waters in all the maritime areas that are not subject to international management rules. In June, in a letter to Greenpeace, the AUSTRIAN Government confirmed that: "...Austria, for reasons of environmental and species conservation concern, considers high seas bottom trawling in a very critical light. Austria has repeatedly expressed this view in international fora and has tried to push for this to become the common EU position." In a public statement, the BELGIAN Government wrote: "Later this year the UNGA will discuss the possibility of a moratorium on destructive fishing practices on the high seas, including bottom trawling. In an attempt to stop further destruction of the ecologically valuable deep sea, Belgium is calling for such an initiative (moratorium) at the UN level and at the preparatory European meetings." The DUTCH Environment Minister C.P. Veerman wrote, for some time now the Netherlands has been actively pleading for a ban on destructive fishing practices in international waters; the Netherlands will continue to seek solutions for this urgent problem, particularly at the 61st UNGA. Be 3

4 assured of the Minister's continued efforts to find realistic and practical solutions, including regulation of destructive activities through RFMOs. The DANISH Ministry, in a public letter to Greenpeace dated 23 May 2006, suggested that it would support an EU position in favour of a UN moratorium on high seas bottom trawling. In Feb 2005, in a letter to Greenpeace, the HUNGARIAN Ministry of Environment and Water wrote [w]e fully agree that bottom trawl fishing poses a serious threat to deep-sea biodiversity worldwide. For the protection of these ecosystems it is indispensable to review the use of this fishing method. The Ministry of Environment and Water of Hungary supports the restriction of bottom trawl fishing. In his opening remarks to a workshop held in Lisbon, in May this year, PORTUGAL s State Secretary for the Environment, Dr. Humberto Rosa said that: "High seas bottom trawling is an unsustainable activity," He declared We have a strategic opportunity. We have a large fish consumption, we are fishers too and we want to conserve marine biodiversity." Acknowledging the need to address the situation of fishermen liable to be affected by a temporary prohibition of high seas bottom trawling, Dr. Rosa indicated that a fishing method with such adverse impact was not consistent with the direction that Portugal needs to take. "Portugal will go down the road of transition towards non-destructive fishing techniques... and ensure the sustainability of resources. We are at a unique moment to protect the commons." In July 2006, talking to leading marine scientists at the 11th International Deep Sea Biology Symposium, Southampton, the UK Marine and Fisheries Minister, Ben Bradshaw, said that: "The international community needs to change direction, and quickly.... " I want to see the end of destructive deep-sea bottom trawling. As a next step we should stop bottom trawling where it threatens seamounts, cold water corals, hydrothermal vents or similar vulnerable ecosystems." The Minister proposed the following: - In those areas of the high seas where there is currently a competent RFMO with necessary regulatory powers, actions should be taken by Contracting Parties to protect vulnerable ecosystems as a matter of urgency - In areas where there is no competent Regional Fisheries Management Organisation, Flag States should take precautionary measures to protect known and unknown sensitive ecosystems through stopping deep-sea bottom trawling. - As a corollary to the above, States should be encouraged as a matter of urgency to form new RFMOs where they are needed, or extend the competence of existing RFMOs, where these do not have adequate powers to regulate deep-sea bottom trawling. - It also follows that because RFMOs take a little while to be established, we will need interim measures - a temporary prohibition while effective management measures are being put in place. This could be done by signatories to a prospective RFMO agreeing to not engage in bottom trawling on seamounts and other sensitive ecosystems pending the formal establishment of the RFMO. This is the approach the UK is promoting in negotiations in the southern Pacific and Indian oceans, and I am pleased to say that we have succeeded in persuading the EU to adopt this policy. 4

5 Non-EU states supporting a moratorium on high seas bottom trawling include amongst many others: Brazil, Chile, Mexico, South Africa, the G77 plus China, and Australia have all made strong statements on the need for interim measures, including a moratorium on high seas bottom trawling, in order to protect deep-sea life in the short-term while longer term measures are negotiated. Moreover, Palau and a small group of other states submitted draft text to the UN Co-ordinator of the Sustainable Fisheries Resolution, which would require an immediate moratorium on all bottom trawl fishing in areas beyond national jurisdictions where no competent RFMO exits. It would further require a moratorium to be put in place by January 2008 in the area of competence of all those RFMO, which on the basis of the report on action taken by RFMOs are deemed to have failed to establish and implement effective measures. In a statement release on 22 September, AUSTRALIA announced that it will take a strong stand to protect marine biodiversity at this year s United Nation s General Assembly, calling for an immediate ban on bottom trawling in unmanaged areas of the high seas. [ and] for tougher regulation and scrutiny of fishing practices which have destructive impacts on vulnerable marine ecosystems. Australia s new position calls on Regional Fisheries Management Organisations (RFMOs) to implement and enforce measures that will prevent destruction to vulnerable marine ecosystems. This will include a ban on potentially destructive fishing practices unless it can be shown scientifically that the activity will not cause damage to fragile marine ecosystems such as seamounts, hydrothermal vents and cold water corals. RFMOs would have until December 2007 to take action. For RFMOs currently under development, States would have until just July 2007 to regulate fishing practices which have a destructive impact. In a statement released on September 13, the NEW ZEALAND government announced that New Zealand is taking a strong stance on bottom trawling in international waters, and will seek the support of other nations at regional meetings and at the United Nations General Assembly next month. According to the statement, Foreign Minister Winston Peters, Fisheries Minister Jim Anderton, and Conservation Minister Chris Carter said the government was seeking an immediate moratorium on the high seas, outside areas where competent Regional Fisheries Management Organisations (RFMOs) existed or were under negotiation. The Fisheries Minister added that the government was also advocating that RFMOs should institute strong conservation measures to protect vulnerable ecosystems such as seamounts by In June of 2006, the G77 plus CHINA stated, [a]nother issue that has come up in this meeting is bottom trawling with some proposing a moratorium on bottom trawling in areas beyond national jurisdictions where there are no RFMOs. The position of the G77 and China taking into account the need to preserve the marine environment for the benefit of future and present generations, as well the commitment by the global community to ensure a more equitable sharing of the benefits of exploitation 5

6 of resources from the deep sea is that we must deal with this issue definitively during the 61st session of the General Assembly. In May 2006, during the Fish Stocks Review Conference BRAZIL stated: As regards the question of high seas bottom trawling, Brazil supports a moratorium of such activity in high seas beyond national jurisdiction. Brazil is in the process of banning bottom trawling within its waters in depths below 1000 meters. Following commitment by Pacific Leaders at the Pacific Island Forum in 2005, expressing their serious concern about this issue and agreeing to develop a legal framework to regulate bottom fisheries in the region, PALAU, TUVALU, MARSHALL ISLANDS AND THE FEDERATED STATES OF MICRONESIA submitted the following draft text to the Coordinator of the Sustainable Fisheries Resolution: PALAU PROPOSAL Responsible fisheries in the marine ecosystem 1. Decides that on the basis of the review of progress on action taken by RFMOs in 2006 pursuant to paragraph 71 of General Assembly resolution 59/25, where an RFMO has failed to establish and implement effective measures to regulate destructive fishing practices, including bottom trawling, to protect vulnerable marine ecosystems in areas beyond national jurisdictions, an interim prohibition on bottom trawl fishing will go into effect by [1 January 2008] in the area of competence of the RFMO, and remain in effect until effective conservation and management measures are in place, and have been implemented consistent with the relevant provisions of the UN Fish Stocks Agreement, the UN FAO Code of Conduct for Responsible Fisheries, the Convention, and other relevant instruments: 2. Establishes an interim prohibition on all bottom trawl fishing in areas beyond national jurisdictions where no RFMO exits with the competence to regulate bottom fisheries, until such time as effective measures have been established and implemented in such areas to ensure the long term conservation and sustainable use of bottom fisheries beyond areas of national jurisdictions, consistent with the relevant provisions of the UN Fish Stocks Agreement and UN FAO Code of Conduct for Responsible Fisheries, and in accordance with the Convention; 3. Requests the Secretary-General to submit to the General Assembly at its sixty-second session a report on the effective implementation of paragraphs [1 and 2] of this Part on the basis of detailed information provided by States and RFMOs. In addition, at the Joint Communique of the Sixth Micronesian Presidents Summit held in Majuro, Republic of Marshall Islands in July of this year, the Presidents of the Republic of Palau, Tuvalu, the Republic of the Marshall Islands and Federated States of Micronesia called for a temporary moratorium on deep-sea bottom trawling in the Pacific and pledged to pursue the issue before the 6

7 Pacific Islands Forum and the United Nations when those organisations take up the issue in negotiations later this year. UN Secretary General Report on measure taken to protect vulnerable deep-sea ecosystems On 14 July 2006, the UN Secretary General released a Report on actions taken by States and Regional Fisheries Management Organizations (RFMOs) to protect sensitive deep-sea habitats. This report clearly reinforces the call by almost 1,500 marine scientists, Greenpeace, Seas at Risk, the IUCN World Conservation Congress, the Deep Sea Conservation Coalition (DSCC) and a growing number of governments that a moratorium on high seas bottom trawl fishing is needed as a precautionary measure until effective conservation and management measures have been established. It concludes that "[s]ome States have undertaken [ ] extensive efforts to protect some fishery habitat areas within their national jurisdiction [ ]. However, this is not the case in the high seas, though deep-sea habitats in these areas are extremely vulnerable and require protection." It further states that, many fisheries are not managed until they are overexploited and clearly depleted [ ]. This raises the question of the urgent need for interim measures [ ], pending the adoption of conservation and management regimes. (para. 203/4) 7