Oceans and Law of the Sea

The U.N. Convention on the Law of the Sea provides the fundamental legal framework for all uses of the oceans. This overall review is based upon the ever-improving Secretary General Report. This report collects and analyzes information received from around the regions of the world. It is becoming a handbook for what is underway and it is invaluable to people that are just coming into the process as well as to those who have been engaged for decades. Our hats are off to the Division on Oceans Affairs and Law of the Sea for its outstanding effort in preparing this document.

As we survey the issues on the table today, Mr. Co-Chairs, we are struck by their stark diversity. We will be talking this week about marine scientific research and piracy. While seemingly far apart in scope, on one level they are related. For today, research vessels operating around the world are beset by the problem of piracy and armed robbery on the high seas. In addition, vandalism is claiming the floating high-tech equipment. Today, we are limiting our remarks to marine scientific research and will make separate remarks on Thursday on the important subject of piracy.

Mr. Co-Chairs, today we want to look at ways to remove the obstacles facing today's researchers; improve the positive impact that marine science can have on living marine resources; recognize the collaboration that is occurring in various regional and global organizations; and review recent developments in oceanography and in remote sensing.

The United States believes that marine science can increase economic prosperity. Whether we are talking about improved weather forecasting using coupled ocean and atmosphere observing systems-which allow for the predictions of El Niño events, or we are talking about better assessment of fish stocks, marine science offers practical, on the ground benefits. It is the job of this forum to determine how to better get those benefits to those who need them.

The U.S. does not assert the right of jurisdiction over marine scientific research within its EEZ. While international law, of course, provides for this right, the U.S. has steadfastly encouraged such research and wants to be reduce unnecessary burdens. There are many benefits to be derived form marine scientific research by developing countries.

The first and most obvious means is Article 249 of the Law of the Sea Convention, through which data exchange is provided to coastal states following approval of marine scientific cruises. The Secretary General's report notes that implementation of this aspect of the Convention has not matched up to expectations. Perhaps this can be corrected by encouraging States to submit data to an international repository, such as the IODE, and to participate in international oceanographic research projects.

Another obstacle facing researchers today is the increasing problem of vandalism of moored oceanographic instruments. Incidents of vandalism are well documented through photographs, damage reports of recovered moorings, accounts by fishermen, and the observations of entangled fishing gear in the moorings lines. There also appears to be a correlation between moorings data return and fishing activities in the oceans. For example, data return from moorings in the Atlantic is significantly lower, 55% or less, in regions of high tuna catch as compared to a 70% data return in areas less heavily fished. Nine out of ten moorings deployed in the Pacific Ocean last year showed signs of vandalism, while six out of 35 moorings deployed in the Atlantic since 1997 have been lost. The annual total dollar losses for mooring equipment is approximately $500,000.

Lost mooring data also adversely affect scientific research into the causes and consequences of El Niño, La Niña, and tropical Atlantic climate variability.

Efforts to combat vandalism could include distribution of information brochures to national fishing agencies, fishing boats in port, and industry representatives. Presentations on the effects of vandalism were made in the past year in Martinique (International Fish Aggregations Device Conference, September 1999), Lake Arrowhead, California (Inter-American Tropical Tuna Commission, May 2000), and Monaco (International Hydrographic Organization, June 2000).

Mr. Co-Chairs, marine science is the foundation upon which to build sound living marine resource management policies. Regional cooperation is also necessary to implement these policies to assure the sustainability of fish stocks. Fisheries management has traditionally focused on individual species with little consideration given to the impacts of fishing on associated species or the ecosystem. An additional challenge for effective fisheries management has been the need for sound scientific knowledge and little scientific information is available for many harvested species. Scientific research of particular value for managing fisheries sustainably includes the biology, life history, population dynamics and abundance of the target species, comprehensive fish monitoring programs providing reliable estimates of commercial and recreational catch and bycatch, and studies regarding the effects of human and natural impacts on the ecosystem health and associated fisheries resources. Improved management of fisheries requires better scientific information, increased coordination among agencies, better enforcement of existing regulations, and new management approaches to protect biodiversity and ecosystem structure and function.

The 2000 United Nations Informal Consultative Process on Oceans and the Law of the Sea stressed "the importance of marine science in the assessment of fish stocks, their conservation, management and sustainable use and, to this end, improvement of status and trends reporting for fish stocks." Since this call last year to improve status and trends reporting for fish stocks, the FAO Committee on Fisheries, COFI, has received and commented on an International Plan of Action (IPOA) to Improve Status and Trends Reporting of Fisheries developed by FAO’s Advisory Committee on Fisheries Research. COFI recommended that FAO hold a technical consultation to further consider how fishery status and trends reporting could be improved, including the possible adoption of an IPOA. The United States hope that the ICP strongly endorses the COFI recommendation and urges FAO, as a matter of priority, to hold the technical consultation and ensure that an IPOA-ST is elaborated and adopted.

Mr. Co-Chairs, when the United States was considering Part II of the Co-Chairs document entitled "Description of the area of focus on marine science," it occurred to us that coral reefs are one discrete ecosystem that would benefit from increased scientific research in marine fisheries, marine and coastal biodiversity, and reduction and control of pollution. Coral reef conservation would seem to be particularly important in any discussion of marine science in the context of capacity building for developing countries and fisheries management. In this regard, the United States is looking forward to the upcoming Reykjavik Conference on Responsible Fisheries in the Marine Ecosystem, which will highlight the importance of marine science and its application to ecosystem-based fisheries management.

The establishment of the Tortugas Ecological Reserve is an experience in the United States which underscores the importance of timely and accurate application of marine science to fisheries and coral reef ecosystem management and policy decisions. The Reserve was originally proposed as part of the Florida Keys National Marine Sanctuary in 1996. However, it was not established because of indications that the proposed boundaries did not include the most significant coral reef resources and would cause serious economic harm to commercial fisherman. Therefore a collaborative process was undertaken that included all stakeholders and completed detailed scientific research, including a thorough socio-economic study of the area. Through this process, consensus was reached on new boundaries for the Tortugas Ecological Reserve, which when fully established in July 2001, will protect important coral reef resources and key fish spawning locations. The Reserve will also preserve the richness of species and health of fish stocks in the Tortugas and throughout the Florida Keys, helping to ensure the stability of commercial and recreational fisheries.

There is international recognition of the need for better global understanding of marine life so that national, regional and global actions pertaining to living marine resources can be based on sound science. The example of the Dry Tortugas is stark evidence of the need for good science to inform management decisions.

An emerging international marine science program, Census of Marine Life, offers an opportunity to take innovative approaches to assess and explain the diversity, distribution, and abundance of marine life in the world’s oceans. A critical component of the Census of Marine Life is the Ocean Biogeographic Information System, OBIS, which is designed to be an online, worldwide atlas of marine life, capable of combining many data sets, sharing information, and providing a multidimensional view of marine life in different parts of the oceans. The Census of Marine Life, originally conceived and currently supported by the Sloan Foundation, has formed partnerships with other foundations, U.S. funding agencies, and held workshops with participants from the international science community including representatives from Japan, Norway, Denmark and Australia. This is the type of marine science program that can successfully link scientific research with the economic needs of coastal states. The United States looks forward to continuing cooperation and coordination with other countries and partners in an effort to promote and implement the Census of Marine Life and encourages the Consultative Process to take note of this important emerging marine science program.

Mr. Co-chairs, I would also like to comment on the inclusion of marine mammals in the work on marine science and development and transfer of marine technology. The United States supports the underlying premise behind General Assembly Resolution 55/7 and its call for States to adopt as appropriate and in accordance with international law, the necessary national laws, regulations, policies and procedures to promote and facilitate marine scientific research and cooperation. We believe learning more about the population status, age composition, and other aspects of marine mammal science is important. We also believe that improving the capacity of all States to study and better understand marine mammals is important. However, advancements and cooperation in marine mammal science is unavoidably part of a larger international debate on marine mammal conservation and management, and we are concerned that this larger debate will consume and detract from our work.

Comments on this point are not designed to say that progress in marine mammal science and technology transfer is not possible. On the contrary, the Convention requires that we expand and share our knowledge on all living marine resources, including marine mammals. To summarize our position, we believe that a suite of international organizations, with expert scientific capabilities in marine mammal science, already exists and efforts in this regard should be directed through these organizations. Yes, the issue of interaction between marine mammals and commercial fish stocks has valid marine science elements, but organizations such as the Inter-American Tropical Tuna Commission are expertly placed to work on such issues. With respect to whales, the International Whaling Commission is the recognized competent international body to manage whales and through its Scientific Committee, new information on whales and other small cetaceans is made available each year.

A recurring theme in the UN is that we should seek to avoid duplication of work, especially if there exists competent expert bodies that are better qualified. This is certainly the case with regard to marine mammals. For the reasons outlined above, we believe our efforts in this area should focus on developments and progress by competent regional and sub-regional organizations and by the International Whaling Commission, and that marine mammal should not be a topic of priority in our work and discussions.

Governments working through UN agencies should utilize regional settings to ensure that country needs are understood, to assure coordination, and to meet both country and regionally-defined needs. Recent evidence of such collaboration between UNEP and FAO on sustainable fisheries is to be commended.

Greater recognition of local and regional concerns could be enhanced by formalizing observer status between organizations. For instance, greater cooperation between regional seas organizations and regional fisheries organizations could be helpful. Governments, working within regional organizations, could insist on a better exchange of data among regional organizations. If interest was demonstrated by developing countries, regional organizations and donor countries could organize and sponsor workshops and joint technical meetings on subjects of mutual interest. For example, a joint meeting could be held on marine science and its impact on fisheries, habitat destruction and pollution. The design and implementation of joint meetings, which could result in joint programs, could go a long way in responding to the call for Science for Development.

We welcome the input of the South Pacific countries. In many ways the paper circulated by them typifies a successful regional based approach to incorporating science into decision-making. Regional strategies, regional plans of action, and regional perspectives enable governments to deal with issues unique to their area -- issues which might be overlooked in using the global or national approach.

Member States benefit enormously from the international exchange of data and information fostered by the IOC and from working on areas of mutual need with colleagues from other countries, a forum that is made possible by the Commission. The U.S. welcomes the comprehensive review by the IOC of its science programs, in order to maximize their relevance to regional and global concerns of the 21^st century.

The U.S. is also pleased with the establishment of the IOC-WMO Joint Technical Commission on Oceanography and Marine Meteorology. The increased cooperation and coordination between these two disciplines, which this new group will foster, will increase our capabilities to meet economic needs and to advance state-of-the-art applications in both marine science and meteorology.

The United States has been working jointly with the United Nations Industrial Development Organization (UNIDO) in the development and implementation of ecosystem-based international waters projects with 16 countries in Africa. The objective of the GEF-supported projects are (1) the recovery of the biomass of depleted fish to promote greater food security, sustainable productivity, and socioeconomic benefits from renewable fishery resources, (2) reduction of pollution and eutrophication of coastal waters, and (3) restoration of degraded habitats including mangroves and wetlands. The biomass recovery and restoration activities encompass large marine ecosystems from the drainage basins to the outer boundaries of major coastal currents.

The environmental ministers of African States participating in the West African project have agreed to assess and manage the shared resources of the Guinea Current large marine ecosystem to ensure long-term resource sustainability and economic benefit to the people of the region. An additional 20 countries are preparing proposals to improve the global coastal health and restore depleted biomass yields in West Africa, East Africa, and Latin America.

Remote sensing and satellite derived communications have long been used in the marine transportation industry. For many years, governments have used vessel-monitoring systems to track the types and numbers of vessels in fishing areas or in specially protected areas. Coupled with fishing landing statistics, national authorities have been able to track the amount of fish caught by specific fisheries. These satellite tracking capabilities have also been used to track the amount of fish caught in specific fisheries, track the migration patterns of protected species (dolphins, whales, sea turtles) as well as the migration patterns of particularly threatened fish (blue-fin tuna). Such data provide invaluable insight for national, regional and global management and protection strategies based on scientific application of remote sensing data. Similar types of satellite-derived capabilities have also been used to support search and rescue of mariners and airmen at sea or in remote locations.

Remotely sensed data from meteorological and environmental satellites have also been used for the past 40 years in weather and severe storm forecasting. In combination with in-situ data, governments have significantly improved the warnings to communities and populations in coastal areas to evacuate low-lying areas that are prone to storm surge and flooding due to hurricanes and tsunamis. Coupled with land remote sensed data, coastal managers and urban planners have been able to use historical data to identify areas that should not be developed for housing or hotels due to their vulnerability. These data are also useful for mapping the coastal area, and identifying critical watersheds and habitats, current human and potential human uses (such as urbanization, industrialization, tourism development, agricultural).

Coupled with other remotely sensed data, ocean circulation and primary productivity data can be acquired to map the best places to site installations such as sewage treatment plants, monitor primary productivity due to non-point source run-off and the potential for harmful algal blooms (HABs). With this information and utilizing GIS techniques, coastal managers and land use planners can develop special management regimes to address outstanding concerns and potential impacts.

For many years oceanographers have used, among other tools, satellite-derived sea surface temperature (SST) data to model the onset and severity of the El Niño Southern Oscillation (ENSO) and La Niña events. The impact of ENSO events to the Peruvian/Ecuadorian fishery is a classic story. However, over the years, there are well-documented cases of ENSO and La Niña impacts to other fisheries, either through shifts in warm water patterns or changes in ocean circulation patterns. Elevated SST correlate with the incidences of coral bleaching throughout the tropics (e.g., Australia, South Pacific Islands, and the Caribbean). Increases in the severity and duration of coral bleaching episodes potentially harm the economies of small island states that depend entirely on coral reef ecosystems for their livelihood (tourism, local food sources etc.).

Over the past 5 years, researchers have used satellites to measure sea surface height, oceanic winds, and oceanic circulation patterns to monitor the formation and movement of giant ocean gyres. By monitoring and tracking these oceanic gyres, coastal managers have tracked the formation and movement of marine debris and derelict fishing gear that collect and float in the open ocean. Marine debris is a navigation hazard, entangles sea turtles, sea birds and commercially important fish species, and is damaging to coral reefs.

National governments can now receive and process remotely sensed data and use it to support their decisions due to advances in information technologies in near-real time.

Passive underwater acoustics provides an ideal means to monitor ocean phenomena on a global basis. The presence of an underwater "sound channel" allows propagation of low-frequency acoustic energy over ocean-basin scales. United States-led research efforts have proven the value of these same methods to ocean environmental science. Significant discoveries have included the ability to monitor underwater seismic activity associated with seafloor spreading and the discovery of the sub-seafloor, microbial biosphere; and the distribution and migratory paths of large baleen whales, in particular the blue whale.

Agenda 21 called for implementation of a Global Ocean Observing System (GOOS). Global ocean research programs in the 80's and 90's such as TOGA- the Tropical Ocean-Global Atmosphere Experiment and WOCE- the World Ocean Circulation Experiment- demonstrated that a global ocean observing system is not only technologically feasible but would have tremendous societal benefits -- in that it will make possible marine assessments and predictions, for example, seasonal and decadal climate changes -- and serve as an early warning system, making remedial actions possible. We are very happy to note the progress made toward making GOOS a reality -- through inter-governmental cooperation.

The next generation of such cooperation is demonstrated by the ARGO project. The research community will benefit from the data. ARGO floats, like the surface drifters, provide real-time forecasts in support of real-time observations. The observations promote safely of life at sea and effective coastal management. More information on this project will be presented at a side event between 1 and 9 p.m. on Tuesday and in the Wednesday morning panel, and we invite you to attend.

The ARGO global autonomous profiling float network is an array of 3000 profiling floats to measure ocean temperature and salinity in the upper 2000 meters of the water column. They drift with the current at 2000 meters and surface every ten days to transmit their data to a satellite, where it is telemetered and the data shared openly in real-time. All countries have immediate and free use of the data, data which are used in weather and climate forecasting models to improve national and regional predictive capabilities. Presently 14 countries plan to contribute floats, and others will assist in distributing them, to meet the sampling density of one float every 300 kilometers. If commitments are realized, the network should be complete by 2004.

In conclusion, Mr. Co-chairs, I would like to encourage delegations to investigate the numerous possibilities for training and technical assistance available in the United States. Programs of learning are available in the areas of atmospheric science, basic and applied sciences, earth sciences, economics, education and cultural studies, educational exchanges, geosciences, fisheries, aquatic conservation biology, industrial technologies, materials sciences, meteorology, mining and metallurgy and natural resources sciences.

The United States has a variety of initiatives both through the government, private and academic sectors. We have training programs, fellowships, clearinghouses, numerous helpful websites, databanks, and scholarship programs. We assist many of the international organizations represented here today and we expect this collaboration to continue. We are currently collecting information on many of these programs. The information will be posted on our website (www.state.gov) in June.

Thank you.