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1 [1] (December 19, 2024)

handle is hein.crs/govertf0001 and id is 1 raw text is: Con res&onal Research Service inknrnmg I kg~ Iaflv deba em c. 1314 Updated December 19, 2024 The Biodiversity Beyond National Jurisdiction Agreement (High Seas Treaty) On June 19, 2023, the United Nations (U.N.) adopted 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 United States signed the BBNJ Agreement on September 20, 2023, and on December 18, 2024, President Biden transmitted it to the Senate for advice and consent to ratification (Treaty Doc. 118-2). 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 I. 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 U.N. adopted the BBNJ Agreement by consensus on June 19, 2023, and the agreement will enter into force 120 days after the 60th nation ratifies 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. For more information, see CRS In Focus IF12578, Implementing Agreements Under the United Nations Convention on the Law of the Sea (UNCLOS). Four The eS Ofthe NJ A reement 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). According to the National Oceanic and Atmospheric Administration, as of 2020, the United States had established nearly 1,000 MPAs, covering 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

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