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1 [1] (December 15, 2022)

handle is hein.crs/govejtt0001 and id is 1 raw text is: CongressbonaI Research Sea inforing Ih lsaive debdte sinc 1.14 December 15, 2022 The Biodiversity Beyond National Jurisdiction Agreement (Treaty of the High Seas) For over a decade, United Nations (U.N.) member countries have discussed creating an international legal framework to address marine biodiversity on the high seas. The high seas comprise about 95% of the global ocean by volume (Figure 1) and include unique ecosystems rich in biodiversity, such as hydrothermal vents and deep-sea coral gardens. Certain commercial activities on the high seas that may affect the marine environment, such as fishing, shipping, seabed mining, and dumping, are covered by international agreements. The United States is a party to some of these agreements, but no single agreement addresses biodiversity on the high seas as a whole. According to the U.S. Department of State (State), the high seas have only limited governance and are often unmonitored. Congress is interested in various aspects of domestic and international marine biological conservation. One role of Congress is the ratification of international agreements, including those aimed at conservation and sustainable management of the global ocean. Figure 1. The High Seas Source: Illustration created by CRS using the Sovereign Limits database (sovereignlimits.com). Notes: The figure is an illustration only and not for official purposes of identifying the high seas, exclusive economic zones (EEZs), or territorial sea limits. The darker blue areas represent the high seas (i.e., areas beyond national jurisdiction), and the lighter blue areas represent EEZs, within which coastal nations have jurisdiction over both living and nonliving resources. A new implementing instrument under the 1982 U.N. Convention on the Law of the Sea (UNCLOS), officially proposed by the U.N. General Assembly in June 2015, would address conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction; the instrument is commonly referred to as the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement or the Treaty of the High Seas. Ongoing multilateral negotiations on the agreement focus on opportunities to protect the ocean and its living resources and to address maritime activities that might threaten biodiversity. State's Bureau of Oceans and International Environmental and Scientific Affairs leads the U.S. delegation in these negotiations. The most recent intergovernmental conference took place in August 2022. It was suspended with an anticipated resumption, and possible conclusion, of negotiations in January 2023. Should the BBNJ Agreement be adopted, Congress may consider the advantages and disadvantageous of ratifying it. Backgroun d UNCLOS establishes a legal regime governing activities on, over, and under the global ocean. Although the U.S. Senate has not ratified UNCLOS, members of the executive branch have stated that some portions of UNCLOS reflect customary international law. The Senate has ratified other agreements developed under the UNCLOS rubric without being a party to UNCLOS. For example, the United States is a party to the 1995 U.N. Fish Stocks Agreement (also known as the Straddling Fish Stocks Agreement), which was adopted after UNCLOS entered into force. Likewise, the United States could become a party to the BBNJ Agreement with Senate ratification. Four Themes of the BBNJ Agreerent According to draft text referred to during the August 2022 negotiations, the BBNJ Agreement has four themes: Area-Based Management Tools. Conservation efforts for marine biodiversity on the high seas would focus primarily on establishing new marine protected areas (MPAs). The best available science and traditional knowledge of indigenous peoples, among other criteria, would be required to identify MPAs. An MPA provides protection for all or part of the natural resources within it by prohibiting or limiting certain activities that could harm its biodiversity. To date, the largest international MPA is in Antarctica's Ross Sea. It was established by the Commission for the Conservation of Antarctic Marine Living Resources, of which the United States is a member. There are also MPAs within countries' exclusive economic zones. The National Oceanic and Atmospheric Administration estimates there are nearly 1,000 U.S. MPAs covering 26% of U.S. marine waters (including the Great Lakes). Environmental Impact Assessment (EIA). The agreement would determine how to implement Article 206 of UNCLOS, which aims to observe, measure, evaluate, and analyze how planned activities may pose a risk to the marine environment-these elements make up the general elements of an EIA. If parties to the agreement believed activities under their control could cause significant harm to 0

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