Things to know about the High Seas Treaty as it takes effect

The world’s first legally binding agreement to protect marine life in international waters came into force on Saturday, marking a historic moment for ocean conservation after nearly two decades of negotiations.

The High Seas Treaty will govern almost half of the planet’s surface – the vast areas of ocean beyond the control of any country. These waters face increasing threats from destructive fishing practices, shipping, plastic pollution, overfishing and potential deep-sea mining, all made worse by climate change. The ocean absorbs carbon dioxide and produces oxygen, making its health essential to tackling the climate crisis.

The treaty entered into force 120 days after reaching the threshold of ratification by 60 countries in September. As of Friday, 83 countries had ratified it, including the recent addition of major maritime powers such as China and Japan.

The treaty creates the first framework for the creation of marine protected areas on the high seas, which represent approximately two-thirds of the planet’s oceans. Currently, only about 1% of these international waters are protected.

Starting Saturday, countries that have ratified the agreement must begin working together on ocean science and technology and help developing countries build their capacity to participate in ocean governance. Companies planning activities that could harm marine life must conduct environmental impact assessments that meet treaty standards. Those conducting research on marine organisms that could be used commercially, for example for new drugs, must inform other countries and share their results.

Perhaps most importantly, countries must now promote the treaty’s conservation goals when participating in other international bodies that regulate ocean activities, such as regional fisheries organizations, the International Maritime Organization, and the International Seabed Authority.

While key institutions such as the treaty secretariat and scientific body are still under development, countries can immediately begin preparing proposals for marine protected areas. Potential sites include the Emperor Seamounts in the North Pacific, the Sargasso Sea in the Atlantic, and the Salas y Gomez and Nazca Ridges off South America.

Environmental advocates warn that governments must act quickly to meet the global goal of protecting 30% of the planet’s oceans by 2030 – a goal scientists say is essential for ocean health. As the high seas constitute a very large part of the oceans, their protection is essential to achieve this objective.

“Marine areas protected under the treaty will only be as strong as governments decide they are,” said Megan Randles, global policy lead for Greenpeace’s Oceans Campaign. “We cannot trust the big players in the fishing industry to simply stop fishing in these critical ecosystems. We need governments to use the treaty to force their hand.”

How these protected areas will actually be monitored and enforced remains undecided. Countries are exploring a variety of options, from satellite technology to coordinating patrols across multiple countries to using other U.N. agencies to help with monitoring, said Rebecca Hubbard, director of the High Seas Alliance. Those details will be worked out as the first protected areas take shape.

Within a year, the first Conference of the Parties to the treaty will meet to decide on key operational details, from budgets to the composition of the various committees. Countries have been working on many of these issues in preparatory meetings, with the final session scheduled for late March. The sooner a marine protected area could be approved at the second COP, since the scientific body that will review the proposals has not yet been established.

The United States has signed but not ratified the treaty, meaning it can participate as an observer but will not have voting rights. Under international law, signatory countries are expected to comply with the objectives of the treaty even before ratifying it.

“The High Seas Treaty has incredibly broad and strong political support in every region of the world,” Hubbard said. “While it is disappointing that the United States has not yet ratified the treaty, this does not undermine its momentum or the support it already enjoys.

Advocates emphasize that broad support must now translate into rapid implementation.

“The treaty is a sign that, in a divided world, protecting nature and protecting our global commons can still triumph over political rivalries,” Randles said. “The ocean connects us all.”

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Follow Annika Hammerschlag on Instagram @ahimmergram.

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