However, the management and control of fisheries and marine resources fall under UN, EU and UK policy and restrictions as is reflected in the following notes.

The UNGA’s recommendations state that the primary tool to protect vulnerable marine ecosystems is the adoption of geographically based closures or special management areas. Such closures can be adopted and enforced by collective decision of states within the context of Regional Fisheries Management Organisations (RFMO). RFMOs came about as a result of the 1995 UN Fish Stocks Agreement and were established to allow interested states to collaboratively manage highly migratory and straddling fish stocks.

The RFMOs with competence to regulate bottom fishing have significantly increased their efforts to implement closures in recent years. The Resolution called on states to take three kinds of action, both individually and acting together through the RFMOs to:

introduce a systematic obligation of prior environmental impact assessment for all deep sea fishing activities;
improve and strengthen research and data collection activities so as to facilitate the rapid and timely identification of vulnerable marine ecosystems;
introduce area closures wherever such ecosystems are detected, as well as impose an obligation on vessels encountering such an ecosystem where none was previously recorded to move on immediately and to report the location of the habitat they have found without delay to the relevant authorities.

The Resolution also stipulates that RFMOs put an end to not only bottom trawling but any type of bottom fishing by December 2008 if they find the practice is destroying vulnerable marine ecosystems.

In adopting its 2006 Fisheries Resolution, the UNGA took an enormous step forward in seeking to improve governance and management arrangements for controlling bottom trawling. If the letter and the spirit of the Fisheries Resolution is implemented, unregulated bottom trawling outside the management framework provided by RFMOs will cease within the next year or two.  Bottom trawling can only legitimately continue if it is conducted in compliance with regional management arrangements and be shown to pose no significant threat to vulnerable marine ecosystems.

The General Assembly has scheduled a review in 2009 of the performance of Regional Fisheries Management Organisations (RFMOs) in implementing the 2006 resolution.

Europe
The Common Fisheries Policy (CFP) is the European Union’s instrument for the management of fisheries and aquaculture. In 2002, the CFP was revised and states that the European fishing industry shall reduce the impact of fishing on the wider marine environment and promote the protection of vulnerable species. It is the responsibility of the EU member states to make sure that the commitments agreed under the CFP are delivered.

In addition the European Union and its member states have already declared a number of significant areas closed to some or all types of fishing gears in order to protect vulnerable marine habitats in European Waters. The following legal measures to restrict bottom trawling have been adopted in the context of the EC Common Fisheries Policy, Council Regulation (EC) No 602/2004 of 22 March 2004 Regulation (EC) No 1568/2005 of 20 September 2005 amending Regulation (EC) No 850/98 and Council Regulation (EC) No 1559/2007 of 17 December 2007 fixing for 2008.

There is also a Marine Strategy Directive, a piece of European legislation designed to have a more holistic approach to the way Europe’s oceans are managed. It will set out a framework for how oceans management can take into account the different issues like industry, recreation and the environment. Negotiation between the EU Council and the EU Parliament is now needed to agree the final text. If agreement is not reached, the draft text will go to the Conciliation Committee in early 2008 with the hope that the Directive will be adopted in spring 2008.

In October 2007 the EU Commission tabled a strategy for the protection of vulnerable deep sea ecosystems from destructive fishing practices. It also adopted a proposal for a legal ban on the use of harmful bottom gear from the high sea areas concerned, such as the South West Atlantic which is outside EU waters and not governed by an RFMO, which is fully in line with the recommendations issued by the UNGA in December 2006.

It also outlined what initiatives the EU will take to strengthen international action in the UN, RFMOs and relevant international conventions to protect vulnerable marine habitats. For high seas areas not yet covered by RFMOs, the Commission proposes an innovative scheme that will require fishermen to obtain authorisation to operate in a defined area prior to starting their fishing campaign. These fishing permits will only be issued by the Member State concerned if it has been ascertained that the planned fishing activities will not have significant impact on fragile habitats. In addition, fishing at depths of more than 1,000 metres will also be prohibited to EU vessels. These initiatives to protect fragile ecosystems on the high seas form part of the proposed EU integrated Maritime Policy aimed at ensuring the sustainable use of the oceans and seas produced in October 2007.

The EU does not support a total ban on bottom trawling as they believe that the biodiversity of the deep seas is not evenly distributed, but is concentrated in a number of specific areas, which tend to be where vulnerable marine ecosystems are found. Therefore there is a need for a more targeted approach and assessment of fishing activities before they are carried out. The EU believes that to ban all bottom fishing in these areas would serve no environmental purpose, and would cause unnecessary and unjustified economic and social damage to the fishing industry. They also believe that a blanket ban on fishing throughout the high seas would only be effective if it could rely on an enforcement system agreed by the member states.

UK
A sustainable fisheries sector is essential for delivering the Government’s vision of ‘clean, healthy, safe, productive and biologically diverse oceans and seas’. Fish and shellfish are a valuable resource shared between communities, regions and nations, all have a role in making sure that they are used sustainably. The Government’s role is to manage this asset on behalf of society and to get the most benefit for today’s citizens and future generations.

The UK played a key role, with the support of Commissioner Borg (EU Fisheries Commissioner), in the United Nations General Assembly adopting a consensus resolution on sustainable fisheries.  The UK and EU position was based firmly on the precautionary approach including reversing the burden of proof. This means that countries would need to demonstrate that their fishing operations were not damaging vulnerable ecosystems, or the sustainability of fish stocks, before they allowed them to operate.

The UK Government is committed under an international convention to create a well managed network of Marine Protected Areas (MPA) by 2010.  The UK Government is in the process of making new legislation that could create a network of marine reserves through the UK Marine Bill. The consultation ended in June 2007 and it is expected that the draft marine bill will be published in spring 2008. A draft Bill was included in the Queen’s Speech in November 2007. Environmental groups are currently unconvinced that the UK Marine Bill will do enough to ensure the clear protection of seas.

Marine conservation in the territorial waters around Scotland, Wales and Northern Ireland is the responsibility of the devolved administrations. Each of the administrations has signed up to the developing the UK Marine Bill, but they may need to introduce their own national legislation if Marine Reserves are to be created in Scottish, Welsh, and Northern Irish waters.

The only Marine Reserve in the UK is the Lundy Island No-Take-Zone. This small site, at just 3.3km2 represents less than a thousandth of one per cent of our total sea area. Lundy received full protection in 2003 and scientists have since recorded a dramatic increase in the size and abundance of lobsters. The rapid changes taking place at Lundy demonstrate the power of Highly Protected Marine Reserves to promote the recovery and conservation for marine habitats and wildlife.