ISA Fact-check 2024/2 – Status of fishing activities in the Area

July 2024

The United Nations Convention on the Law of the Sea (UNCLOS) provides a coherent and effective international legal regime for managing the ocean in areas beyond national jurisdiction (ABNJ). The Agreement relating to the Implementation of Part XI of the UNCLOS of 10 December 1982 (1994 Agreement) provides additional indications and directions for ISA to organize and control all mineral resources-related activities in the Area for the benefit of humankind as a whole. In so doing, ISA is mandated by UNCLOS to ensure the effective protection of the marine environment from harmful effects that may arise from activities in the Area (UNCLOS, Article 145).

The following paragraphs provide an overview of the work carried out so far to understand the potential overlap between fisheries activities in ABNJ and activities in the Area.

A comprehensive legal regime for exploitation activities in the Area

ISA is implementing a system of rules, regulations and procedures to regulate the prospecting and exploration for marine minerals in the Area. Both exploration and future exploitation regulations are supplemented by a series of recommendations for the guidance of contractors that are updated periodically. For example, the Recommendations for the guidance of contractors for the assessment of the possible environmental impacts arising from exploration for marine minerals in the Area issued by the Legal and Technical Commission (LTC) include detailed guidance on environmental baseline studies, environmental impact assessments (EIAs) and monitoring during exploration. In line with the recommendations, ISA contractors have been collecting geological, oceanographic and biological data on the seabed and in the water column to characterize the environmental baseline against which to assess the potential impacts of future exploitation activities.

The Draft standards and guidelines for the environmental impact assessment process, prepared by the LTC specify that EIA for future exploitation activity must consider (a) the nature of the impact, (b) the potential extent, duration, frequency and severity of the impact, (c) whether the impact is direct or indirect, (d) cumulative and combined impacts, (e) routine and non-routine impacts and (f) uncertainty associated with the assessment of impacts. Regional scale impacts, as well as impacts on both the seabed and water column, are also assessed in the EIA. These and similar guidelines ensure that potential impacts on fish populations that may be caused by future exploitation of seabed minerals in the Area will be examined during the EIA.

ISA is also developing binding environmental thresholds, including thresholds for pressures that might affect deep-sea fisheries. As an initial step, the Council has established an intersessional expert group to assist the work of the LTC in developing thresholds for the main pressures potentially caused by future exploitation activities. These include turbidity and settling of resuspended sediments, toxicity, as well as underwater noise and light pollution.

Collaboration to ensure coherence and complementarity in the management of ABNJ

In implementing its responsibilities, ISA collaborates with other competent international and regional organizations, including the Food and Agriculture Organization of the United Nations (FAO) and regional fisheries management organizations. The Memorandum of understanding between FAO and ISA  is an example of this collaboration.

Following the adoption of the environmental management plan for the Clarion-Clipperton Zone in 2012, which defined a network of 13 areas of particular environmental interest (APEI) covering approximately 2 million km2,[1] ISA has been developing regional environmental management plans (REMPs) which are one of the tools available to ISA to ensure the effective protection of the marine environment.[2] REMPs establish environmental goals and objectives at the regional scale, as well as area-based and other management tools, including areas of particular environment interest (APEIs) that are protected from exploitation activities.

Relevant regional fisheries management organizations are regularly invited and have participated in previous expert workshops organized by ISA to support the development of REMPs. These workshops are convened to review and apply the latest knowledge and scientific data gathered for specific geographic areas, drawing on the inputs from multiple knowledge holders and stakeholders. For instance, scientific and technical experiences of FAO and the Convention on Biological Diversity have been considered in developing and applying the scientific criteria for identifying area-based management tools.

As part of the expert process to develop REMPs, qualitative models were also developed to identify cumulative impacts from future exploitation activities, as well as other pressures from fisheries and climate change.[3] This analysis informs the design of management measures and priorities for future research and regional-scale monitoring.

The development of REMPs is a comprehensive process that includes thorough consultations, review and discussions amongst all stakeholders prior to their approval. During that process, the views of member States, observers, and other stakeholders are equally taken into consideration. Each REMP also needs to be reviewed based on the latest scientific data and knowledge every five years, at the latest, allowing it to account for additional scientific information and changes in the status of ecosystems induced by other pressures, such as fisheries and climate change.

[1] https://www.isa.org.jm/protection-of-the-marine-environment/regional-environmental-management-plans/ccz/

[2] https://www.isa.org.jm/protection-of-the-marine-environment/regional-environmental-management-plans/

[3] See ISA. 2019. Qualitative Mathematical Models for Assessing Cumulative Impacts on Ecosystems of the Mid-Atlantic Ridge from Future Exploitation of Polymetallic Sulphides. Available at: https://www.isa.org.jm/wp-content/uploads/2022/12/Draft-report-cumulative-impacts.pdf. ISA. 2020. Workshop on the development of a regional environmental management plan for the area of the northwest Pacific. Available at: https://www.isa.org.jm/wp-content/uploads/2022/10/NWP_REMP_workshop_report.pdf.

Spatial overlap of fisheries and ISA exploration areas

One of the impacts to be considered when future deep-sea mineral resource exploitation starts is the potential effect on fish stocks and fishing activities in surrounding waters. In 2023, ISA published the Technical study 33: Potential interactions between fishing and mineral resource-related activities in areas beyond national jurisdiction: a spatial analysis to assess the potential for spatial overlap between fishing activities and areas allocated or reserved by ISA for mineral resource exploration and environmental protection in the Area. Such knowledge is essential for achieving an integrated and coordinated approach to sustainable resource management and environmental protection in ABNJ.

The study was based on data pertaining to the spatial distribution of fishing vessels and fishing efforts extracted from Global Fishing Watch, covering the period between 2012 and 2020. The data was used to quantify the hours of presence (the time a vessel was recorded in a grid cell) and active fishing hours (the time the vessel was moving in ways consistent with gear being deployed) for each vessel, day and .1° grid cell (approximately 11 by 11 km at the equator). While recognizing the need for further research to assess their indirect interactions adequately, the study suggests that direct spatial conflicts between fisheries and future potential exploitation activities are likely to be infrequent and readily manageable.

The results from the analyses also suggest that direct spatial overlap between potential deep-sea mining and fisheries in ABNJ appears to be minimal.

  • 90% of global fishing activities are carried out within Exclusive Economic Zones (EEZ) and Extended Continental Shelf (ECS).[4]
  • Between 2012 and 2020, the number of fishing vessels in ISA contract areas and reserved areas accounted for 5 to 12 per cent of the total fishing vessels in ABNJ. The number of fishing hours in ISA contract areas and reserved areas were under 2 per cent of the total number of fishing hours in ABNJ.
  • Almost all fishing effort in ISA contract areas and reserved areas was recorded with pelagic fishing gears. As fishing in all contract areas and reserved areas is dominated by pelagic gears that operate on the surface and upper 200m of the water column, it will substantially reduce the impacts of future deep-sea mining on fishing if the mid-water discharge from mining operations can be released as close to the seafloor as possible.
  • Among the different fishing methods used in ABNJ, bottom trawling is considered to have the potential for the most harmful impacts on deep-sea ecosystems. Yet, trawling accounted only for 3 per cent of the fishing activities and 0.5 per cent of the total fishing hours recorded in ABNJ. The occurrence of trawlers is close to zero in all ISA contract areas, reserved areas and APEIs, which is to be expected since deep water trawling is known to occur up to a maximum depth of 1,500m[5].

[4] FAO. (2020): The State of World Fisheries and Aquaculture 2020. Sustainability in action. Rome, https://doi.org/10.4060/ca9229en

[5] Jacquemont, J. et al. (2024): 3D ocean assessments reveal that fisheries reach deep but marine protection remains shallow. Nat Commun 15, 4027, https://doi.org/10.1038/s41467-024-47975-1

Next steps

In summary, these assessment results underscore the necessity for proactive spatial planning and meticulous management strategies to balance the exploitation of mineral resources with the protection of marine biodiversity and the continuity of fishing practices, ensuring minimal disruption to ecological functions and socioeconomic stability.

ISA is now progressing with further study to collect a greater knowledge of fish stock distribution in the water column and the behaviour of target species of fisheries. In so doing, ISA will collaborate with fisheries organizations and scientific institutions on sharing data and information.