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1 [1] (March 27, 2023)

handle is hein.crs/govelaz0001 and id is 1 raw text is: Congre binaI Research Serve inkorrnirng thA egisltive debats sne 1914 Updated March 27, 2023 The Biodiversity Beyond National Jurisdiction Agreement (High Seas Treaty) On March 4, 2023, United Nations (U.N.) member countries finalized the text of an international legally binding instrument to address marine biodiversity on the high seas (international waters). This agreement is the first single international instrument to address biodiversity on the high seas as a whole. The instrument is commonly referred to as the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement or the High Seas Treaty. 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 biodiversity, such as fishing, shipping, seabed mining, and dumping, are covered by international agreements. The United States is a party to some but not all of these agreements. According to the U.S. Department of State, the high seas have only limited governance and are often unmonitored. Congress generally has expressed interest in various aspects of domestic and international marine biological conservation. Under the Constitution, the Senate provides advice and consent to ratify international agreements, including those aimed at the 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 specific boundaries for 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. The BBNJ Agreement is a legally binding instrument under the 1982 U.N. Convention on the Law of the Sea (UNCLOS) and was officially proposed by the U.N. General Assembly in June 2015. The agreement is intended to ensure conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction. The Department of State's Bureau of Oceans and International Environmental and Scientific Affairs led the U.S. delegation in the negotiation of the BBNJ Agreement. The most recent intergovernmental conference ran from February 20 to March 3, 2023; negotiations ran past the scheduled dates and concluded March 4, 2023. Delegations intend to reconvene at a later date to formally adopt the text. Should the BBNJ Agreement be adopted, the Senate may consider the advantages and disadvantages of ratifying it. Background UNCLOS establishes a legal regime governing activities on, over, and under the global ocean. The Senate has not ratified UNCLOS. However, 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, which was adopted after UNCLOS entered into force. The United States also could become a party to the BBNJ Agreement through Senate ratification without ratifying UNCLOS. FourThemes of the BBNj Agreement The BBNJ Agreement has four themes: Area-Based Management Tools. Conservation efforts for marine biodiversity on the high seas under the agreement focus primarily on establishing new marine protected areas (MPAs). MPAs are to be identified based on the best available science and, where available, relevant traditional knowledge of Indigenous peoples, among other criteria. 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 (EEZs). The National Oceanic and Atmospheric Administration (NOAA) MPA Inventory estimates nearly 1,000 U.S. MPAs cover 26% of U.S. marine waters (including the Great Lakes). Environmental Impact Assessment (EIA). The agreement provides an EIA framework (i.e., global standard) for identifying and evaluating the potential impacts of an activity in areas beyond national jurisdiction. If a party to the agreement determines that an activity under their control may pollute or cause significant harm to the marine

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